QUESTION

when crossing border at San Diego my fiance was not issue a n I 94 pass, we told the custom/border agent that we are traveling to great falls, MT

Asked on Aug 13th, 2014 on Immigration - Montana
More details to this question:
as we crossed we the border we thought I 94A was electronic, same like here in MT. port of entry at San Diego/ Tijuana border is still on PAPER TRAIL. we are married now and need to file paper work to show this. Local Border Patrol here in Montana say I need to file I130, and apply for K3 visa for spouse then go to Helena, Mt to request I 94A. Can my wife be deported when I file the paperwork required for visa, residency's etc? Need advice on which way to turn here. Do we need an Immigration Attorney to do this. We realize all this will take time, just need a sense of direction and some good sound advice!!! THANK YOU
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1 ANSWER

U.S. Immigration and Nationality Law Attorney serving San Diego, CA
Partner at Kazmi & Sakata
1 Award
Hello. If your wife has a tourist visa and is Mexican, she should have a visa. I would need to review it, but if it is in her passport, she should have received an entry stamp. If she has the tourist card (laser visa), then she is presumed lawful. This would allow you to file her adjustment of status. We see these types of cases in San Diego a lot. If you need help, feel free to contact me again for a free consultation. 858-874-0711 or harun@ksvisalaw.com 
Answered on Aug 14th, 2014 at 1:10 PM

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