How can a US citizen petition her Canadian citizen spouse????

[Fresno]

Hi Guys, My friend a US citizen married to a Canadian Citizen. She want to petition him without him going back to canada and wait over there while the petition is pending. What I know you have to have a legal entry into US to remain here while your petition is pending. Canadian citizens do not get I-94 or entry stamp while entering into the US. So how can they prove that they entered legally. Can some one with the same experience or knowledge give some professional advice. Any comment will be appreciated.

 

[raevsky]

Her citizenship does not make her anyhow different from other beneficiaries.

 

[Fresno]

Her citizenship does not make her anyhow different from other beneficiaries.

Thanks for a quick reply, but I don't understand your answer. can you explain a little bit.

 

[raevsky]

I mean whether she has a canadian citizenship or not, the process is the same.
Also, even if she is in the country illegally, AOS could still be done.

But if she want to do CP, she needs to prove she was not unlawfully present for more than 180 days. As long as she does not have I-94, that should be easy. Did CIS make a finding she was in the country illegally?

 

[jnj]

the canadian citizen should NOT go back to canada...he has to stay in the usa while she petitions for him...
he can get his GC in 90 days so there is no point in him returning to canada...just get the gc first before he travels again....

...it doesnt matter if he was in the usa more than 180 days before he got married.
As long as he got married in the usa and has not travelled outside the usa since the marriage his overstay is not an issue.
On the green card application they ask you when and where was your last entry point to the usa.
If he has travelled outside the usa since the marriage that could be a problem and he would need to see a lwayer.


A lawyer costs about 2500$ and is well worth it.

 

[raevsky]

...it doesnt matter if he was in the usa more than 180 days before he got married.

True.

However,

Did CIS make a finding she was in the country illegally?

if this finding was made and if she stayed in the country for more than 180 days after this finding was made, she is subject to the bar and will not be able to receive a visa in the consulate or not be able to enter US.

AOS is still fine though (that is an alternative to consular processing)