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Filed: Timeline
Posted

My husband and I got married not too long ago in the state of New york while visiting in Niagra falls Canada. We ran across and got married and came back. He then had to go back to Germany where he was stationed in the US army. I stayed back in Canada for a while. I then went out there for the holidays and he then was sent to North Carolina where I went with him. When we got to immigration I told them that I was just visiting thinking that my husband was deploying and I would be going back home soon after getting to North Carolina. Now we are here he is not deploying and I am able to stay with him. Because at the border, I told them I was just visiting, am I able to stay here legally and do my paper work within the US? I dont want to go back to Canada to wait for whatever I have to do. Can Anyone give me some good advice on what to do and what would be the fastest way to be legal here and not put myself at risk of being deported?

Filed: IR-1/CR-1 Visa Country: Thailand
Timeline
Posted
My husband and I got married not too long ago in the state of New york while visiting in Niagra falls Canada. We ran across and got married and came back. He then had to go back to Germany where he was stationed in the US army. I stayed back in Canada for a while. I then went out there for the holidays and he then was sent to North Carolina where I went with him. When we got to immigration I told them that I was just visiting thinking that my husband was deploying and I would be going back home soon after getting to North Carolina. Now we are here he is not deploying and I am able to stay with him. Because at the border, I told them I was just visiting, am I able to stay here legally and do my paper work within the US? I dont want to go back to Canada to wait for whatever I have to do. Can Anyone give me some good advice on what to do and what would be the fastest way to be legal here and not put myself at risk of being deported?

To be honest, I don't believe there is really a fast way to get through the process. You'll probably have to go back to Canada until you get an Immigrant Visa-if you get caught it would create problems for you in the long run and could get your husband in trouble. I suggest enjoy the time you have with your husband, once you file the I-130 you might not be able to come back to see him until you receive your Immigrant Visa, however some have been able to come over while in the waiting process (by you being a Canadian citizen, you might have a chance). How long is your Nonimmigrant Visa good for? You should file an I-130. By your husband being in NC, he'll have to file at the Vermont Service Center (VSC). They are known to take some time processing the I-130's, however, I believe someone gave them a kick in the butt to get the process rolling recently. It took us about 7-8 mos to get through VSC. However if you can get approved for an expedite, the petition could get pushed through quicker (if your husband is about to deploy to Iraq or Afghanistan, they tend to grant expedite request). If I were you, I'd get letters from his Commanders requesting expedited service due to his job, it may get your petition processed quicker. Also, there's a program for military members called AILA MAPS, Immigration Lawyers volunteer their services free of charge to military members. They'd be able to assist you with the loop holes to get you through the process. I hope this helps, at least a start. Good luck to you!

jurod16

Filed: IR-1/CR-1 Visa Country: Thailand
Timeline
Posted (edited)

How much longer is your visitor visa good for? You may be able to go to the federal building or the USCIS location close to where you are staying and adjust your status there. I did that a long time ago for my ex-wife when she was here on a student visa. but that was when it was called INS and before 2001.

Edited by will92104

USCIS

08/21/2008- Mailed I-130 today

08/23/2008- I-130 recieved at chicago lock box

08/27/2008- NOA1 notice date

01/05/2009- recieved NOA2 approval e-mail from CRIS

NVC

2009-01-16 : NVC Received and Case Number Assigned (don't know exact date)

2009-01-16 : DS-3032 and AOS bill generated

2009-01-25 : DS-3032 sent (by e-mail)

2009-01-28 : AOS bill invoiced (paid online)

2009-02-02 : AOS bill PAID and cover sheet printed

2009-02-02 : AOS package sent to NVC (sent overnight)

2009-01-29 : DS-3032 Choice of Agent accepted

2??? : AOS entered into NVC system (NVC recieved AOS 03-feb-2009)

2009-02-01 : IV bill invoiced(paid online)

2009-02-03 : IV bill PAID and cover sheet printed

2009-02-23 : Medical completed

2009-03-13: DS-230 and Packet 3 sent to NVC

2009-03-17: DS-230 and packet 3 recieved by NVC

2009-03-27: RFE to correct a date on DS-230

2009-03-30: Corrected DS-230 recieved by NVC

2009-04-06 : case complete at NVC

Embassy

2009-05-01 : Forward the case to Embassy in Bangkok, Thailand

2009-06-03 : Interview at Embassy APPROVED!!!

Posted

Congrats first off, as a Canadian you are legally allowed to stay in the USA for 180 days (not 6 months) and you can start the process for either a CR-1 or a K-3 while in the USA. That is what I did, and at the end of my 176 days I returned to Canada to finish the process.

Good luck on your journey.

Janet

Met online playing pinochle in late Feb or March 2001

Married in San Luis Obispo - July 18, 2008

Sent application CR-1/IR-1 on August 26, 2008 to Chicago lock box

September 4, 2008 - Touch #1

Approval email sent January 5, 2009 after 4 months and 2 days

NVC Journey Begins....

NVC Case officially in AVR - January 13, 2009

DS-3032 / AOS Bill Generated - January 16, 2009

AOS Bill snail mailed - January 24, 2009

Emailed DS-3032 - January 26, 2009

DS-3032 emailed read in NH January 30, 2009

DS-3032 accepted at NVC 0n February 2, 2009 via email

AOS Bill Shows as PAID - February 3, 2009

I-864 Package Generated - March 21, 2009

Mailed I-864 Package - March21, 2009

IV Bill Generated - February 3, 2009

Paid IV Bill - March 6, 2009 - snail mail

IV Bill Show as PAID - March 21, 2009

Mailed IV Package - March 21, 2009

REF - April 1, 2009 - Transfered to a supervisor

Case Completed at NVC - April 7, 2009

Medical completed May 27/09 in Vancouver

Interview Date - June 22 - SUCCESSFULLY COMPLETED

POE -Vancouver @ YVR- June 28

Permanent resident card received July 20,2009

Social Security Card arrived August 2, 2009

April 2011 started ROC - May 27 biometrics - July 30 received 10 year green card!

Posted (edited)

I am by far no way knowledgable about this aspect of immigration, but I've read that you might be able to mail in your I130 with proof along with your Adjustment of Status so that you might be able to stay here and not go back. If you do go back to Canada, then you won't be allowed to return to US.

As far as not being honest when you first went through... does US issue any stamps in the Canadian passport? I don't remember getting any in my US passport when I visited Canada for less than a week. Maybe they won't know that unless they read it here....

Good luck,

Mariah

Edited by MsMariah

Marriage : 2008-07-03

I-130 Sent : 2008-09-30

I-130 NOA1 : 2008-10-03

Dec 22 2008 Transferred to California Service Center

I-130 Approved : 2009-01-12

NVC Received : 2009-1-16

Officially in AVR : 2009-1-17 emailed scanned DS 3032

DS 3032 generated and accepted via email/ AOS I-864 generated : 2009-1-23

Received I-864 Bill : 2009-1-26

Pay I-864 Bill : 2009-1-26 status PAID 1-28

Pay IV Bill : 2009-1-26 status PAID 1-28

Send Completed I 864 and IV Package (overnight) : 2009-2-4 (had to wait for hubby's PC and original birth certificate to arrive)

Case Completed at NVC : 2009-2-11 !!!!

NVC Left : Received email March 3rd

Medical Completed : March 12, 2009

Interview Date : April 22, 2009. 8 am. VISA APPROVED!!!

Visa in Hand : April 27th, 2008!!! Arrival May 11th! POE JFK

Processing Estimates/Stats : Your I-130 was approved in 101 days from your NOA1 date. NVC completed in 26 days! Interview was 201 days from Noa 1.

 
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