What to do...Im ust starting out...may be in trouble.

[weezy28 0]

I am new to this sight and I am looking for some advice. I am already married to a woman from Canada.....it will be three years in September. We now have a 9 1/2 month old child together who was born here in the U.S. We haven't filled out ANY paperwork and now are concerned that we may have "messed up" big time. Our biggest fear now is that we will be separated as a family and I cant let that happen. In doing some research, it looks like an I-130 form is the way to go..... Is this right? She has been staying with me since before we were married here. Are we in trouble? How should I start this process. I cant believe that we are the first to do this so we are just looking for some guidance. Can anyone help? We are looking to travel to Canada in October and hope to avoid any problems.

[Dakine 26]

I am new to this sight and I am looking for some advice. I am already married to a woman from Canada.....it will be three years in September. We now have a 9 1/2 month old child together who was born here in the U.S. We haven't filled out ANY paperwork and now are concerned that we may have "messed up" big time. Our biggest fear now is that we will be separated as a family and I cant let that happen. In doing some research, it looks like an I-130 form is the way to go..... Is this right? She has been staying with me since before we were married here. Are we in trouble? How should I start this process. I cant believe that we are the first to do this so we are just looking for some guidance. Can anyone help? We are looking to travel to Canada in October and hope to avoid any problems.

Has she been living here illegally with you for 3 years?

Did she arrive in the US using a visa?

Edited August 29, 2009 by Haole

[weezy28 0]

I am new to this sight and I am looking for some advice. I am already married to a woman from Canada.....it will be three years in September. We now have a 9 1/2 month old child together who was born here in the U.S. We haven't filled out ANY paperwork and now are concerned that we may have "messed up" big time. Our biggest fear now is that we will be separated as a family and I cant let that happen. In doing some research, it looks like an I-130 form is the way to go..... Is this right? She has been staying with me since before we were married here. Are we in trouble? How should I start this process. I cant believe that we are the first to do this so we are just looking for some guidance. Can anyone help? We are looking to travel to Canada in October and hope to avoid any problems.

Has she been living here illegally with you for 3 years?

Yes, I guess so. No paperwork has been filed by us. We always said we were boyfriend/girlfriend when crossing the border. We havent crossed since having our son last November.

I am new to this sight and I am looking for some advice. I am already married to a woman from Canada.....it will be three years in September. We now have a 9 1/2 month old child together who was born here in the U.S. We haven't filled out ANY paperwork and now are concerned that we may have "messed up" big time. Our biggest fear now is that we will be separated as a family and I cant let that happen. In doing some research, it looks like an I-130 form is the way to go..... Is this right? She has been staying with me since before we were married here. Are we in trouble? How should I start this process. I cant believe that we are the first to do this so we are just looking for some guidance. Can anyone help? We are looking to travel to Canada in October and hope to avoid any problems.

Has she been living here illegally with you for 3 years?

Yes, I guess so. No paperwork has been filed by us. We always said we were boyfriend/girlfriend when crossing the border. We havent crossed since having our son last November.

She didnt enter on a visa..just used a passport.

[Anh map 2,098]

You want to begin the process of Adjusting Status. Read the Guides here on VJ, specifically http://www.visajourney.com/forums/index.ph...page=i130guide2

It won't be complete in time for your trip.

She may run into problems attempting to reenter the US. She should not leave the US until the adjustment of status is complete. That is the safest course of action.

Edit: Seeing your response where you already were untruthful to the CBP officers I would really rethink the travel.

To answer the common question: Having a child together doesn't make the process any faster or easier.

Edited August 29, 2009 by Anh map

[Dakine 26]

Did she use a visa when she first entered the US?

Like a tourist visa?

Where did you meet?

Edited August 29, 2009 by Haole

[weezy28 0]

Did she use a visa when she first entered the US?

Like a tourist visa?

Where did you meet?

No visa used....just a passport. We met online nearly 6 years ago.

[sdw 10]

If she leave the US now, you chance her getting a ban upon re enter.

[weezy28 0]

If she leave the US now, you chance her getting a ban upon re enter.

Im thinking that an immigration attorney is our best bet. Anyone know the cost of one? Any decent ones in CT?

[Malrothien 6]

Did she use a visa when she first entered the US?

Like a tourist visa?

Where did you meet?

Canadians do not require a visa to enter the US.

[Old Dominion 26]

If she leave the US now, you chance her getting a ban upon re enter.

Im thinking that an immigration attorney is our best bet. Anyone know the cost of one? Any decent ones in CT?

As suggested, file for the AOS. An attorney can do the paperwork for $2K (or more) or you can. Perhaps the fact that she overstayed won't be used against the two of you if you show clearly that you are happily married. Until the green card is granted, it would not be wise for her to go to Canada and try to re-enter. Both countries, as you know, have tightened up considerably in the last year. There is a good chance she could not re-enter this time as you are no longer boy/girl friends.

[Dakine 26]

Did she use a visa when she first entered the US?

Like a tourist visa?

Where did you meet?

Canadians do not require a visa to enter the US.

Sounds like she can adjust status if she entered legally without intentions of marriage.

[Lancelotte25 1]

It is a good Idea to consult an immigration lawyer,that's the best thing you can do.

How can she adjust an status if she's been living in the US for the past 3 years illegaly?

I think Canadian citizens and other citizens of various countries can enter the US without visa for the span of 90 or 60 days,correct me if I'm wrong.

If she leave the US now, you chance her getting a ban upon re enter.

Im thinking that an immigration attorney is our best bet. Anyone know the cost of one? Any decent ones in CT?

[weezy28 0]

It is a good Idea to consult an immigration lawyer,that's the best thing you can do.

How can she adjust an status if she's been living in the US for the past 3 years illegaly?

I think Canadian citizens and other citizens of various countries can enter the US without visa for the span of 90 or 60 days,correct me if I'm wrong.

If she leave the US now, you chance her getting a ban upon re enter.

Im thinking that an immigration attorney is our best bet. Anyone know the cost of one? Any decent ones in CT?

From what I have read I have to agree. I dont think she can adust status if she has been living here for 3 years. She hasnt worked or done anything except be a wife and mom, but I still dont think that she can adjust status. You are correct for thinking that you dont need a visa if you intend to stay for less than 90 days. My biggest concern with not getting a lawyer is that we will somehow do something to cause the split of our family. If that is the case then I am selling my house and moving to Canada. Aside from this, which I know is big, I havent done anything wrong, nor has she. I am hoping that my family doesnt have to separate. Does anyone think this will be the case?

[Old Dominion 26]

From what I know personally, and having seen this mentioned in VJ many times, the USCIS may grant the green card despite the period of illegal presence. Their decisions are based on the quality of your marriage and in general the interviewers have the authority to be compassionate in order to secure your marriage, not break it up.

[Krikit 1,165]

Moving from IR-1/CR-1 forum to AOS From Other Visa forum.