K Visa Canadian US Marriage Question

[rubrboots]

Hello

My wife and I were recently married in the US. My wife is Canadain and had been spending several months at a time here, then returning to Canada, then back again to US. We had been doing this for well over a year. The last time she entered the US she entered as a tourist as she always has, but shortly after that we decided to get married. It was not her intenetion to marry when she entered the US so she did not receive an I-94. Will this be a problem? If so what should we do?

Thank You

 

[NYClex]

Yes, there often are problems in these cases because no I-94 was issued. To apply for permanent residency in the US while being in the US the USCIS usually requires a I-94 to show that she legally entered the country.

The easiest way out of this problem is to leave the country and apply for a K-3 visa at the US consulate in Canada and then enter the country with that visa and apply for permanent residency here.