Came as a visitor, with no intent to marry. Will they even ask about this?

[Kittyfang 6]

I will retype my story, in case you don't know.

I came here 3 years ago. I stayed for 1-2 weeks. Went back to Canada for a week, then came back. At that point I was coming back just to extend my vacation. I just had been laid off and figured I'd take some time out. As time went by, we realized we didn't want to be separated and decided to get married (we got married 6 months after I came in the U.S.). Now, I have overstayed by 2.5 years (we couldn't file because of financial reasons).

A. Should I even bother telling USCIS that I came for a week then left, then came back? I'm not asking if I should lie. I just figure it might confuse matter even more. And B. Are they likely to ask something like that? I've read that most people get "how did you meet". Will they really ask me "When you came over, did you intend on getting married?" (if they do, will they take a yes/no? I don't have anything that can prove that I did or didn't.)

I am asking here because another post reminded me or this, and was told that I should start my own thread so... thank you in advance!

Edited October 5, 2009 by Kittyfang

[antda 13]

Hi Kittyfang,

No, it's not illegal what you did, that you came to the US and got married while you were down here for a visit from Canada. As long as you came here WITHOUT the intention to get married in the first place on your visit and not do this as to avoid and/or break immigration laws, then it's fine and legal to do.

I was in the same situation before too, as I came over to visit my boyfriend (now husband), on a tourist visa from Canada for 2 weeks, and then ended up getting married here in the USA, and overstayed, and then filed the paperwork with immigration. And yes, I did get approved and got my green card afterwards. For more information on my sitation, see my VJ timeline (the link can be found on my signature).

The next steps for you are:

1) DO NOT LEAVE THE USA AND DO NOT RETURN TO CANADA until your case has been fully approved, otherwise your case will be abandonded and you will run into the risk of never being able to come back to the ever USA again.

2) File the following paperwork: I-130 (Petiton for Family Member), I-485 (Adjustment of Status), I-864 (Affidavit of Support), I-765 and I-131 (Employment Authorization and Advanced Parole), and the I-693 (medical forms).

3) Hire a good immigration lawyer, if you run into any more problems, and/or if you are totally unsure about your situation.

Hope this helps. Good luck with your immigration journey.

Ant (Visited, Married, Immigrated, Living Happily Ever After In The USA...)

I will retype my story, in case you don't know.

I came here 3 years ago. I stayed for 1-2 weeks. Went back to Canada for a week, then came back. At that point I was coming back just to extend my vacation. I just had been laid off and figured I'd take some time out. As time went by, we realized we didn't want to be separated and decided to get married (we got married 6 months after I came in the U.S.). Now, I have overstayed by 2.5 years (we couldn't file because of financial reasons).

A. Should I even bother telling USCIS that I came for a week then left, then came back? I'm not asking if I should lie. I just figure it might confuse matter even more. And B. Are they likely to ask something like that? I've read that most people get "how did you meet". Will they really ask me "When you came over, did you intend on getting married?" (if they do, will they take a yes/no? I don't have anything that can prove that I did or didn't.)

I am asking here because another post reminded me or this, and was told that I should start my own thread so... thank you in advance!

Edited October 5, 2009 by Ant+D+A

[Hugglebuggles 60]

To me it sounds like you came here in a vacation, returned home, and then came back for a second vacation. That is all I would define that is. You missed your SO and wanted to go back and visit him. While you were there you decided to extend your trip and eventually decided to marry, which I'm assuming is what happened. When they ask you the date you entered the US, I would put the date you came and stayed, not the previous trip you took.

From what I've read they are absolutely interested in your intentions when you came over. Generally people get away with adjusting from visitors visas, regardless of their true intent, but there is always a danger associated with doing this. For example, there is no outlet for appealing a negative decision, as I'm sure you've already been told.

I have no idea if they would expect prof or not... I think VJ user thetreble could help you answer that.

Edited October 5, 2009 by Hugglebuggles

[antda 13]

(Note: I originally posted this in the VJ Canada forum, awhile ago, but and decided to post the following here as well):

Hi Everyone,

Oh the AOS stage for us seems so long ago and so many years ago....(sometime in 2006)

But if it helps, here is a list of what we enclosed for that first stage of the immigration game for us (AntandD):

G-325A Biographical Information (1 form for Ant, 1 form for D) (free)

I-130 Petition for Alien Relative (1 form for D) ($190)

-D's USC Birth Certificate copy

-D's 2 passport-sized photographs ($10)

-Ant and D's Marriage Certificate copy

I-485 Permanent Residence Application (1 form for Ant) ($325 + $70 Biometrics)

-Ant's foreign Birth Certificate copy

-Ant's Canadian Passport and Citizenship Card copy

-Ant's Canadian Passport pages copy, with B-2 Visitor's Visa Stamp and I-94 ($5) in it

-Ant's 2 passport-sized photographs ($10)

-Ant and D's Marriage Certificate copy

I-693 Medical Examination of Aliens Seeking Adjustment of Status (1 form for Ant) ($200 Medical Fees)

-Ant's completed immunization worksheet form (in a sealed envelope) by the Civil Surgeon Doctor

I-864 Affidavit of Support (1 form for D as a Sponsor, 1 form for Co-Sponsor) (free)

-D's Extra Note/Letter explaining our financial situation and our need for a co-sponsor

-Co-Sponsor - copies of - Tax Form (1040), W2 Form, Work Contract, USC Birth Certificate

Note:

I did not file for the EAD ($180) or AP ($170), as I did not feel that it was necessary at that time for such. Lol..I felt no need to work and/or to go back to Canada right away, and I wanted to save on costs by not filing these. I was also told that these forms were "optional", so I didn't bother filing them either.

As well, I filed all my paperwork in my "married last name", as that is the name that I planned to use (and am stil using), and I wanted all my immigration paperwork (green card, etc.) and other paperwork to reflect such.

Total costs for our (AntandD) AOS process (to the USCIS for its forms and fees, in 2006): $810 (plus very low minimum sliding-scale lawyer costs)

During the interview I also brought along: the documentation and forms listed above, photos (lol...they really liked those), correspondences (letters, e-mails, cards, etc.), original copies of all documentation, etc (as suggested in the interview letter for me what else to bring). As well, the lawyer that we hired before, went with us during the interview too, which in our case we found to be helpful. The AOS interview was in Buffalo, NY and only took about 15-20 minutes. Quick and simple, as the Immigration Officer only asked Ant and D a few questions and they showed them the forms and required listed evidence.

Needless to say we were approved and got my 2yr green card ...3 months/84 days later....

See my detailed VJ timeline below (the link is in my signature) for more information....

Hope this helps. Good luck with the rest of your immigration journey too.

Ant (AOS..So long ago....)

[Kittyfang 6]

Thank you to everyone who replies. I guess it's a question of just doing it. I'm hoping my case will not run into any problems. Hopefully, they will not spend too much time asking about my job before I came here and will see that I truly came here as a visitor.

Also, Ant+D+A, thank you for the time line. I think I will be filing the same kind of paperwork, except that I will also be applying for an EAD, for SSN reasons.

Edited October 5, 2009 by Kittyfang

[antda 13]

Hi Kittyfang,

No problem. Glad to be able to help you here...

I agree, the next step is just a matter of filling out all the paperwork and sending it in...And along the way if you get stuck. just post on vj, as a lot of people are able to help here too.

By the way, as for the job thing...it doesn't matter what job you had before in Canada...heck, if it makes you feel any better..I was a student in Canada before with no job (lol..studying was job in itself). The thing they look for really, is your ties to Canada, and that you had such when you entered the USA. For example, if you had a residence, study, work, family, friends, return tickets, etc. in Canada, and had plans to return to Canada, which makes the intention of your stay in the USA as a visit only, and not anything else. In my case, I was lucky (or maybe unlucky..as was interrogated) that I got a visitor's visa which stated such an intention of a visit only, but I know many Canadians don't get such when they visit the USA. So it's up to you to prove that you just wanted to come for a visit, and that you just married at the spur of the moment and then decided to stay...

They will also ask about the legitimacy of your relationship, as they do for all immigration-related couples/spouses cases...So be prepared with evidence about that. For example, photos, letters, ticket stubs, cards, correspondence, etc....anything else you can think of...

As for financially, the main point they are looking at is for the I-864 (Affidavit of Support). You and your sponsor (your spouse) have to have enough American income to meet the poverty-guidelines, in order to stay, and not be a "burden" to the USA...(lol..their words, not mine)...If your sponsor doesn't have enough American income, then a co-sponsor might be required in your case too.

As for filing the EAD, if you are in a hurry to work before you get your green card....then yes, file for the I-765...(besides, it's included with the I-485/AOS nowadays anyways...). And with your EAD, you can then apply for a SSN, which can help you too. However, bear in mind that co-incidently a lot of other vjers get both the I-765 and green card approved at around the same time (and even the I-765 approved after the green card...definitely not of use there...). But good to have nevertheless, "just in case", if you need to work and/or get an SSN right away. And you cannot work legally here in the USA without a SSN and EAD or Green Card.

By the way, if you don't mind me asking, how did you survive in the USA for so long without an SSN or legal immigration status (as that's needed here)? Lol..I overstayed for a few months with no legal status while I was waiting for my green card..and felt like that was an eternity...but for you to go years...wow..that amazes me...

Hope this helps as well. Don't worry, you shouldn't run into too many problems along the way. Good luck on the rest of your journey.

Ant

Thank you to everyone who replies. I guess it's a question of just doing it. I'm hoping my case will not run into any problems. Hopefully, they will not spend too much time asking about my job before I came here and will see that I truly came here as a visitor.

Also, Ant+D+A, thank you for the time line. I think I will be filing the same kind of paperwork, except that I will also be applying for an EAD, for SSN reasons.

Edited October 6, 2009 by Ant+D+A

[Kittyfang 6]

Hi Kittyfang,

No problem. Glad to be able to help you here...

I agree, the next step is just a matter of filling out all the paperwork and sending it in...And along the way if you get stuck. just post on vj, as a lot of people are able to help here too.

By the way, as for the job thing...it doesn't matter what job you had before in Canada...heck, if it makes you feel any better..I was a student in Canada before with no job (lol..studying was job in itself). The thing they look for really, is your ties to Canada, and that you had such when you entered the USA. For example, if you had a residence, study, work, family, friends, return tickets, etc. in Canada, and had plans to return to Canada, which makes the intention of your stay in the USA as a visit only, and not anything else. In my case, I was lucky (or maybe unlucky..as was interrogated) that I got a visitor's visa which stated such an intention of a visit only, but I know many Canadians don't get such when they visit the USA. So it's up to you to prove that you just wanted to come for a visit, and that you just married at the spur of the moment and then decided to stay...

They will also ask about the legitimacy of your relationship, as they do for all immigration-related couples/spouses cases...So be prepared with evidence about that. For example, photos, letters, ticket stubs, cards, correspondence, etc....anything else you can think of...

As for financially, the main point they are looking at is for the I-864 (Affidavit of Support). You and your sponsor (your spouse) have to have enough American income to meet the poverty-guidelines, in order to stay, and not be a "burden" to the USA...(lol..their words, not mine)...If your sponsor doesn't have enough American income, then a co-sponsor might be required in your case too.

As for filing the EAD, if you are in a hurry to work before you get your green card....then yes, file for the I-765...(besides, it's included with the I-485/AOS nowadays anyways...). And with your EAD, you can then apply for a SSN, which can help you too. However, bear in mind that co-incidently a lot of other vjers get both the I-765 and green card approved at around the same time (and even the I-765 approved after the green card...definitely not of use there...). But good to have nevertheless, "just in case", if you need to work and/or get an SSN right away. And you cannot work legally here in the USA without a SSN and EAD or Green Card.

By the way, if you don't mind me asking, how did you survive in the USA for so long without an SSN or legal immigration status (as that's needed here)? Lol..I overstayed for a few months with no legal status while I was waiting for my green card..and felt like that was an eternity...but for you to go years...wow..that amazes me...

Hope this helps as well. Don't worry, you shouldn't run into too many problems along the way. Good luck on the rest of your journey.

Ant

Thank you to everyone who replies. I guess it's a question of just doing it. I'm hoping my case will not run into any problems. Hopefully, they will not spend too much time asking about my job before I came here and will see that I truly came here as a visitor.

Also, Ant+D+A, thank you for the time line. I think I will be filing the same kind of paperwork, except that I will also be applying for an EAD, for SSN reasons.

I've read carefully what you wrote and I think my only "problem" will be to prove my ties in Canada. The apartment I was living in was "pay by the month", so I didn't have a lease for that. I do have family members that I spoke with and, for a while I did think about moving in with my sister upon my return. Would an affidavit made by her, stipulating that we did have that discussion help? As far as work, I was taking an "extended leave", I guess it's possible that they could write up something to that effect, to agree with what I am saying. As for family, apart from my sister, I do not really talk to them. So, that may be an issue.

As for your question. My husband works and I take care of his Castle. We live in a small town, so I don't really need to drive (hence I didn't get a driving permit... yet), for the same reason, I didn't get a bank account (the one I had in Canada has been closed). I only recently started going to the doctor when I fell ill. It's been hard, but we're hoping that AoS being approved will help. It gets very scary and sometimes, we wonder if it's even worth it. Maybe the fact that I have been here for so long will make details such as "ties to Canada" and "intent" not such a big deal.

**edit**

As for the job, my main concern was more "Will they think that I've left my job to move here". I opted out, knowing that they would rehire me once I came back. But, an interviewer might see it differently.

Edited October 6, 2009 by Kittyfang

[antda 13]

Hi Kittyfang,

Hmm...not too much of a "problem" in your case really...thinking..

Well, you said that you had family and friends in Canada (and maybe some in the USA too?). So yes, affidavits from them would help, if they do ask for such. Also if your family and friends knew of your spouse as well, as they can attest to the legitimacy of the relationship/marriage and can write about that too. In my case, they didn't ask for affidavits (lucky me, I guess), but they did ask about our relationship and marriage anyways (lol..and what a story we had to tell..photos and all..). Regardless, affidavits do help to explain all aspects of your situation and is useful for all stages of the immigration game, so if you can get them, by all means, go for it. Don't worry about the others you don't have contact with, as if you don't contact them, then why should the USCIS contact them too?..lol...

As for ties to Canada..then again...maybe they won't ask for such, since you've been here in the USA for so long...Not sure though (as they didn't really ask too much about that for me)...but be prepared to include such evidence, just in case. For example, if you have any correspondence and/or bills in your old address. By the way, were you ever questioned when you entered the USA on your visit at the POE (point of entry)? If you were, they probably covered that already, so they might not ask such again regarding your intention to come to the country. If not, then they might or might not ask during your AOS interview..who knows...good to be prepared anyways...

Personally, I think at this point they are more focused on your relationship/marriage, than your ties to Canada, since you are here for so long anyways. They are looking for: "Did they come here, get married, and fraudently overstay to evade immigration laws and get a green card only? Or are they a genuine married loving couple who just got married and wanted to stay here, happily ever after?"

The important thing when questioned by the USCIS: Just tell the truth, and you'll be fine there...

What a co-incidence...I take care of the castle/house (and the baby), and live in a small town too. Definitely can talk more about that via vj pm. Understandable too, that you don't need to drive right away or open a bank account right away, be it that it is convenient for you and that your husband can help with that as well. For me, I didn't need a job right away, so I didn't need the EAD and SSN for that reason. I needed to drive though, so I just drove with my valid Canadian license (lol..and prayed that I didn't get in trouble) before I got my green card, and added the name to the joint bank account after I got my green card (lol..I didn't have much money to begin with anyways, and closed off my Canadian bank account went I went back to Canada for a visit after I got my green card). But I think the thing that got to me was not having an SSN, as that's pretty much needed for everything around here in the USA (for example, to get a driver's license and to be added on financial/bank information) and for medical insurance), so I wanted my green card quickly because of that. Besides, the idea of being out of legal status here while I waited didn't sit too well with me either, so I wanted to do the right thing there by being legal with a green card.

Sorry to hear about your medical situation. And yes, by all means possible, get the healthcare that you need, no matter what the cost, as it's not worth the risk not getting treatment there. I know it would be hard for you to get medical insurance without legal status here, so that's understandable too. If you are sick and it is an emergency, just go to any hospital emergency room, and they will be able to treat you there, regardless of lack of immigration status. Just because you are waiting for immigration, doesn't mean you have to wait for your health!

I agree, the immigration process can be scary, difficult, intimidating, frustrating, stressful, costly, etc. It may be hard at first, but in the end, it will all be worth it. Don't give up! We're all here to help. And yes, your case will be approved soon!

Hope this helps too. Good luck on your journey.

Ant

P.S. Hey, if it is of any use of all: One thing good about staying here for as long as you did and being married as long as you did (2 years), is that you'll get a 10yr green card right away. Will save you the time and money from having to go from a 2yr green card to a 10yr green card with the I-751...lol..

I've read carefully what you wrote and I think my only "problem" will be to prove my ties in Canada. The apartment I was living in was "pay by the month", so I didn't have a lease for that. I do have family members that I spoke with and, for a while I did think about moving in with my sister upon my return. Would an affidavit made by her, stipulating that we did have that discussion help? As far as work, I was taking an "extended leave", I guess it's possible that they could write up something to that effect, to agree with what I am saying. As for family, apart from my sister, I do not really talk to them. So, that may be an issue.

As for your question. My husband works and I take care of his Castle. We live in a small town, so I don't really need to drive (hence I didn't get a driving permit... yet), for the same reason, I didn't get a bank account (the one I had in Canada has been closed). I only recently started going to the doctor when I fell ill. It's been hard, but we're hoping that AoS being approved will help. It gets very scary and sometimes, we wonder if it's even worth it. Maybe the fact that I have been here for so long will make details such as "ties to Canada" and "intent" not such a big deal.

Edited October 6, 2009 by Ant+D+A

[antda 13]

P.S. Most importantly: Oh and then there's the risk of deportation...I definitely didn't want to be deported and away from my loved ones here in the USA! So definitely needed to be legally here because of that! So thus, needed to file for the AOS and have a Green Card to stay here in the USA! Oh the things one does for love...

Ant

[Kittyfang 6]

Hi Kittyfang,

Hmm...not too much of a "problem" in your case really...thinking..

Well, you said that you had family and friends in Canada (and maybe some in the USA too?). So yes, affidavits from them would help, if they do ask for such. Also if your family and friends knew of your spouse as well, as they can attest to the legitimacy of the relationship/marriage and can write about that too. In my case, they didn't ask for affidavits (lucky me, I guess), but they did ask about our relationship and marriage anyways (lol..and what a story we had to tell..photos and all..). Regardless, affidavits do help to explain all aspects of your situation and is useful for all stages of the immigration game, so if you can get them, by all means, go for it. Don't worry about the others you don't have contact with, as if you don't contact them, then why should the USCIS contact them too?..lol...

As for ties to Canada..then again...maybe they won't ask for such, since you've been here in the USA for so long...Not sure though (as they didn't really ask too much about that for me)...but be prepared to include such evidence, just in case. For example, if you have any correspondence and/or bills in your old address. By the way, were you ever questioned when you entered the USA on your visit at the POE (point of entry)? If you were, they probably covered that already, so they might not ask such again regarding your intention to come to the country. If not, then they might or might not ask during your AOS interview..who knows...good to be prepared anyways...

Personally, I think at this point they are more focused on your relationship/marriage, than your ties to Canada, since you are here for so long anyways. They are looking for: "Did they come here, get married, and fraudently overstay to evade immigration laws and get a green card only? Or are they a genuine married loving couple who just got married and wanted to stay here, happily ever after?"

The important thing when questioned by the USCIS: Just tell the truth, and you'll be fine there...

What a co-incidence...I take care of the castle/house (and the baby), and live in a small town too. Definitely can talk more about that via vj pm. Understandable too, that you don't need to drive right away or open a bank account right away, be it that it is convenient for you and that your husband can help with that as well. For me, I didn't need a job right away, so I didn't need the EAD and SSN for that reason. I needed to drive though, so I just drove with my valid Canadian license (lol..and prayed that I didn't get in trouble) before I got my green card, and added the name to the joint bank account after I got my green card (lol..I didn't have much money to begin with anyways, and closed off my Canadian bank account went I went back to Canada for a visit after I got my green card). But I think the thing that got to me was not having an SSN, as that's pretty much needed for everything around here in the USA (for example, to get a driver's license and to be added on financial/bank information) and for medical insurance), so I wanted my green card quickly because of that. Besides, the idea of being out of legal status here while I waited didn't sit too well with me either, so I wanted to do the right thing there by being legal with a green card.

Sorry to hear about your medical situation. And yes, by all means possible, get the healthcare that you need, no matter what the cost, as it's not worth the risk not getting treatment there. I know it would be hard for you to get medical insurance without legal status here, so that's understandable too. If you are sick and it is an emergency, just go to any hospital emergency room, and they will be able to treat you there, regardless of lack of immigration status. Just because you are waiting for immigration, doesn't mean you have to wait for your health!

I agree, the immigration process can be scary, difficult, intimidating, frustrating, stressful, costly, etc. It may be hard at first, but in the end, it will all be worth it. Don't give up! We're all here to help. And yes, your case will be approved soon!

Hope this helps too. Good luck on your journey.

Ant

P.S. Hey, if it is of any use of all: One thing good about staying here for as long as you did and being married as long as you did (2 years), is that you'll get a 10yr green card right away. Will save you the time and money from having to go from a 2yr green card to a 10yr green card with the I-751...lol..

I've read carefully what you wrote and I think my only "problem" will be to prove my ties in Canada. The apartment I was living in was "pay by the month", so I didn't have a lease for that. I do have family members that I spoke with and, for a while I did think about moving in with my sister upon my return. Would an affidavit made by her, stipulating that we did have that discussion help? As far as work, I was taking an "extended leave", I guess it's possible that they could write up something to that effect, to agree with what I am saying. As for family, apart from my sister, I do not really talk to them. So, that may be an issue.

As for your question. My husband works and I take care of his Castle. We live in a small town, so I don't really need to drive (hence I didn't get a driving permit... yet), for the same reason, I didn't get a bank account (the one I had in Canada has been closed). I only recently started going to the doctor when I fell ill. It's been hard, but we're hoping that AoS being approved will help. It gets very scary and sometimes, we wonder if it's even worth it. Maybe the fact that I have been here for so long will make details such as "ties to Canada" and "intent" not such a big deal.

Ant+D+A, I read your post with great interest. I was freaking out, about to cry ( I was even considering borrowing a little bit more and hiring a lawyer... but we barely have enough as it is). Thinking of being banned for 10 years from the place that I've come to call home is the scariest thing I've been trough.

I guess I may be panicking for nothing. It's been 2.5 years. I'm sure that if I tell them "I took an extended vacation from my work", they probably are not going to call and verify that. It's been so long.

As far as proving validity of marriage, we plan on adding my name to everything once I get an SSN. Hopefully, that will help us. Also, because we do not meet the requirement for affidavit of support, we will need a... "co-support person" (my husband's mother). So, I think that this will help us prove that the reason we waiting for so long was lack of money.

I think I am just focusing on the "intent to marry" part way too much. How silly will I fell if they don't even ask about that!

And yes, I will definitely be sending you a message.

P.S. Most importantly: Oh and then there's the risk of deportation...I definitely didn't want to be deported and away from my loved ones here in the USA! So definitely needed to be legally here because of that! So thus, needed to file for the AOS and have a Green Card to stay here in the USA! Oh the things one does for love...

Ant

lol I can believe that. I would trow a fit if I had to leave... I hope it doesn't come to that.

[Kittyfang 6]

Hi Kittyfang,

Hmm...not too much of a "problem" in your case really...thinking..

Well, you said that you had family and friends in Canada (and maybe some in the USA too?). So yes, affidavits from them would help, if they do ask for such. Also if your family and friends knew of your spouse as well, as they can attest to the legitimacy of the relationship/marriage and can write about that too. In my case, they didn't ask for affidavits (lucky me, I guess), but they did ask about our relationship and marriage anyways (lol..and what a story we had to tell..photos and all..). Regardless, affidavits do help to explain all aspects of your situation and is useful for all stages of the immigration game, so if you can get them, by all means, go for it. Don't worry about the others you don't have contact with, as if you don't contact them, then why should the USCIS contact them too?..lol...

As for ties to Canada..then again...maybe they won't ask for such, since you've been here in the USA for so long...Not sure though (as they didn't really ask too much about that for me)...but be prepared to include such evidence, just in case. For example, if you have any correspondence and/or bills in your old address. By the way, were you ever questioned when you entered the USA on your visit at the POE (point of entry)? If you were, they probably covered that already, so they might not ask such again regarding your intention to come to the country. If not, then they might or might not ask during your AOS interview..who knows...good to be prepared anyways...

Personally, I think at this point they are more focused on your relationship/marriage, than your ties to Canada, since you are here for so long anyways. They are looking for: "Did they come here, get married, and fraudently overstay to evade immigration laws and get a green card only? Or are they a genuine married loving couple who just got married and wanted to stay here, happily ever after?"

The important thing when questioned by the USCIS: Just tell the truth, and you'll be fine there...

What a co-incidence...I take care of the castle/house (and the baby), and live in a small town too. Definitely can talk more about that via vj pm. Understandable too, that you don't need to drive right away or open a bank account right away, be it that it is convenient for you and that your husband can help with that as well. For me, I didn't need a job right away, so I didn't need the EAD and SSN for that reason. I needed to drive though, so I just drove with my valid Canadian license (lol..and prayed that I didn't get in trouble) before I got my green card, and added the name to the joint bank account after I got my green card (lol..I didn't have much money to begin with anyways, and closed off my Canadian bank account went I went back to Canada for a visit after I got my green card). But I think the thing that got to me was not having an SSN, as that's pretty much needed for everything around here in the USA (for example, to get a driver's license and to be added on financial/bank information) and for medical insurance), so I wanted my green card quickly because of that. Besides, the idea of being out of legal status here while I waited didn't sit too well with me either, so I wanted to do the right thing there by being legal with a green card.

Sorry to hear about your medical situation. And yes, by all means possible, get the healthcare that you need, no matter what the cost, as it's not worth the risk not getting treatment there. I know it would be hard for you to get medical insurance without legal status here, so that's understandable too. If you are sick and it is an emergency, just go to any hospital emergency room, and they will be able to treat you there, regardless of lack of immigration status. Just because you are waiting for immigration, doesn't mean you have to wait for your health!

I agree, the immigration process can be scary, difficult, intimidating, frustrating, stressful, costly, etc. It may be hard at first, but in the end, it will all be worth it. Don't give up! We're all here to help. And yes, your case will be approved soon!

Hope this helps too. Good luck on your journey.

Ant

P.S. Hey, if it is of any use of all: One thing good about staying here for as long as you did and being married as long as you did (2 years), is that you'll get a 10yr green card right away. Will save you the time and money from having to go from a 2yr green card to a 10yr green card with the I-751...lol..

I've read carefully what you wrote and I think my only "problem" will be to prove my ties in Canada. The apartment I was living in was "pay by the month", so I didn't have a lease for that. I do have family members that I spoke with and, for a while I did think about moving in with my sister upon my return. Would an affidavit made by her, stipulating that we did have that discussion help? As far as work, I was taking an "extended leave", I guess it's possible that they could write up something to that effect, to agree with what I am saying. As for family, apart from my sister, I do not really talk to them. So, that may be an issue.

As for your question. My husband works and I take care of his Castle. We live in a small town, so I don't really need to drive (hence I didn't get a driving permit... yet), for the same reason, I didn't get a bank account (the one I had in Canada has been closed). I only recently started going to the doctor when I fell ill. It's been hard, but we're hoping that AoS being approved will help. It gets very scary and sometimes, we wonder if it's even worth it. Maybe the fact that I have been here for so long will make details such as "ties to Canada" and "intent" not such a big deal.

Ant+D+A, I read your post with great interest. I was freaking out, about to cry ( I was even considering borrowing a little bit more and hiring a lawyer... but we barely have enough as it is). Thinking of being banned for 10 years from the place that I've come to call home is the scariest thing I've been trough.

I guess I may be panicking for nothing. It's been 2.5 years. I'm sure that if I tell them "I took an extended vacation from my work", they probably are not going to call and verify that. It's been so long.

As far as proving validity of marriage, we plan on adding my name to everything once I get an SSN. Hopefully, that will help us. Also, because we do not meet the requirement for affidavit of support, we will need a... "co-support person" (my husband's mother). So, I think that this will help us prove that the reason we waiting for so long was lack of money.

I think I am just focusing on the "intent to marry" part way too much. How silly will I fell if they don't even ask about that!

And yes, I will definitely be sending you a message.

P.S. Most importantly: Oh and then there's the risk of deportation...I definitely didn't want to be deported and away from my loved ones here in the USA! So definitely needed to be legally here because of that! So thus, needed to file for the AOS and have a Green Card to stay here in the USA! Oh the things one does for love...

Ant

lol I can believe that. I would trow a fit if I had to leave... I hope it doesn't come to that.

One thing that came to mind is this: It's been 2.5 years. What are the chances they will even ask about my intent? You'd think that if I came here wanting to get married I would have done it ASAP. Instead, I got married 6 months later... Like you said, they might be more interested in proving that it's a real marriage. From what I've seen from other people, they didn't even get asked questions like "what was your intent when you cross the border".

[antda 13]

Hi Kittyfang,

Likewise, I'm reading your posts with great interest too..."Been there, done that..."...seems like we can commonly relate there on our immigration journeys..

It's ok..we've all cried during this entire process, as it's a lot to put up with. Lol..I can remember my husband telling me at times: "Don't worry about it...", to which I cried, "For goodness sakes, you're not the one that has to worry about being deported back". But yeah, being banned for 10 years (if not forever) is scary to think about, and I hope it doesn't happen to anyone who deserves to be here legally.

As for hiring a lawyer, you might not need to do so in your case, if is is pretty straight-forward from Visitor to AOS adjustment. But then again. I don't know your entire situation, so you and your family have to decide as to if you want to hire one or not, especially more so if it is a financial burden to you. For me, my situaiton was a bit more complicated (would rather not discuss here on vj), so we had to hire a lawyer for that. The lawyer we used was very nice and helpful, and was very reasonable and low-cost in their rates. If you need more info about the lawyer I used..pm me too..

As for the "extended vacation from work" reason, yes, you can mention that generally as to how you were here in the first place, but being here for 2.5 years seems a little "too extended" to focus on that (do you know what I mean?). Besides, if you focus on work, then they might say, "well, why didn't you apply for a work visa instead, if you wanted to stay that long?" Rather, if I were you, I would focus more so on the fact that you were here on a vacation to visit your husband/boyfriend instead, and you want to stay because you love him, as you were mainly here for such, right?

Yes, I understand that you can't add your name to certain things (more so formally and financially) without an SSN. However, there are other non-formal and non-financial ways to add your name to things and to prove your marriage/relationship, such as (as I mentioned before): cards, letters, photos, mail, e-mail, correspondence, etc. For my AOS inteview, I didn't have a SSN or a Green Card yet (lol..I needed to pass the AOS interview to get such)...So I couldn't do any joint stuff formally and financially there, but they still required joint evidence nevertheless, as stated on the interview letter. So, I just included everything else that I had that showed our relationship and marriage was genuine, no matter what it was. It helps to have joint stuff now, and it helps to have joint stuff later..keep and collect anything and everything that you have, as the USCIS wants to see it all (or most of it anyways)...

Likewise, I needed a co-sponsor too, so understandable there, being in a financial predicament at the time. That's great that your mother-in-law can help you out with that, and as long as they met the income and other guidelines needed for a co-sponsor, then they should be ok there. By the way, as a sponsor, your husband needs to fill out one I-864 form, and your mother-in-law as a co-sponsor needs to fill out another I-864 form too. And yes, you can explain as to why you waited for so long too, as that might help (lol..those immigration fees are so darn expensive...takes awhile to save up for such!...).

As for intent to marry..as long as you didn't have intent to marry when you came here for a visit, then that's fine, and explain accordingly when specifically asked about such. Just tell the truth there...You didn't make any plans to get married beforehand, and your purpose to come here was not to get married (lol..otherwise you would have applied on a fiance or spousal visa instead)...They should be ok with that...

Hope it doesn't come to leaving your "home in the USA" for you either..You're doing things the right way by going through this immigration process legally..."better late than never"...Don't worry, it will all work out well in the end for you to stay here legally...

Good luck, and yes, keep us all updated on your case here on vj too.

Ant

Ant+D+A, I read your post with great interest. I was freaking out, about to cry ( I was even considering borrowing a little bit more and hiring a lawyer... but we barely have enough as it is). Thinking of being banned for 10 years from the place that I've come to call home is the scariest thing I've been trough. I guess I may be panicking for nothing. It's been 2.5 years. I'm sure that if I tell them "I took an extended vacation from my work", they probably are not going to call and verify that. It's been so long. As far as proving validity of marriage, we plan on adding my name to everything once I get an SSN. Hopefully, that will help us. Also, because we do not meet the requirement for affidavit of support, we will need a... "co-support person" (my husband's mother). So, I think that this will help us prove that the reason we waiting for so long was lack of money.

I think I am just focusing on the "intent to marry" part way too much. How silly will I fell if they don't even ask about that!

And yes, I will definitely be sending you a message.

lol I can believe that. I would trow a fit if I had to leave... I hope it doesn't come to that.

Edited October 6, 2009 by Ant+D+A

[Kittyfang 6]

Hi Kittyfang,

Likewise, I'm reading your posts with great interest too..."Been there, done that..."...seems like we can commonly relate there on our immigration journeys..

It's ok..we've all cried during this entire process, as it's a lot to put up with. Lol..I can remember my husband telling me at times: "Don't worry about it...", to which I cried, "For goodness sakes, you're not the one that has to worry about being deported back". But yeah, being banned for 10 years (if not forever) is scary to think about, and I hope it doesn't happen to anyone who deserves to be here legally.

As for hiring a lawyer, you might not need to do so in your case, if is is pretty straight-forward from Visitor to AOS adjustment. But then again. I don't know your entire situation, so you and your family have to decide as to if you want to hire one or not, especially more so if it is a financial burden to you. For me, my situaiton was a bit more complicated (would rather not discuss here on vj), so we had to hire a lawyer for that. The lawyer we used was very nice and helpful, and was very reasonable and low-cost in their rates. If you need more info about the lawyer I used..pm me too..

As for the "extended vacation from work" reason, yes, you can mention that generally as to how you were here in the first place, but being here for 2.5 years seems a little "too extended" to focus on that (do you know what I mean?). Besides, if you focus on work, then they might say, "well, why didn't you apply for a work visa instead, if you wanted to stay that long?" Rather, if I were you, I would focus more so on the fact that you were here on a vacation to visit your husband/boyfriend instead, and you want to stay because you love him, as you were mainly here for such, right?

Yes, I understand that you can't add your name to certain things (more so formally and financially) without an SSN. However, there are other non-formal and non-financial ways to add your name to things and to prove your marriage/relationship, such as (as I mentioned before): cards, letters, photos, mail, e-mail, correspondence, etc. For my AOS inteview, I didn't have a SSN or a Green Card yet (lol..I needed to pass the AOS interview to get such)...So I couldn't do any joint stuff formally and financially there, but they still required joint evidence nevertheless, as stated on the interview letter. So, I just included everything else that I had that showed our relationship and marriage was genuine, no matter what it was. It helps to have joint stuff now, and it helps to have joint stuff later..keep and collect anything and everything that you have, as the USCIS wants to see it all (or most of it anyways)...

Likewise, I needed a co-sponsor too, so understandable there, being in a financial predicament at the time. That's great that your mother-in-law can help you out with that, and as long as they met the income and other guidelines needed for a co-sponsor, then they should be ok there. By the way, as a sponsor, your husband needs to fill out one I-864 form, and your mother-in-law as a co-sponsor needs to fill out another I-864 form too. And yes, you can explain as to why you waited for so long too, as that might help (lol..those immigration fees are so darn expensive...takes awhile to save up for such!...).

As for intent to marry..as long as you didn't have intent to marry when you came here for a visit, then that's fine, and explain accordingly when specifically asked about such. Just tell the truth there...You didn't make any plans to get married beforehand, and your purpose to come here was not to get married (lol..otherwise you would have applied on a fiance or spousal visa instead)...They should be ok with that...

Hope it doesn't come to leaving your "home in the USA" for you either..You're doing things the right way by going through this immigration process legally..."better late than never"...Don't worry, it will all work out well in the end for you to stay here legally...

Good luck, and yes, keep us all updated on your case here on vj too.

Ant

Ant+D+A, I read your post with great interest. I was freaking out, about to cry ( I was even considering borrowing a little bit more and hiring a lawyer... but we barely have enough as it is). Thinking of being banned for 10 years from the place that I've come to call home is the scariest thing I've been trough. I guess I may be panicking for nothing. It's been 2.5 years. I'm sure that if I tell them "I took an extended vacation from my work", they probably are not going to call and verify that. It's been so long. As far as proving validity of marriage, we plan on adding my name to everything once I get an SSN. Hopefully, that will help us. Also, because we do not meet the requirement for affidavit of support, we will need a... "co-support person" (my husband's mother). So, I think that this will help us prove that the reason we waiting for so long was lack of money.

I think I am just focusing on the "intent to marry" part way too much. How silly will I fell if they don't even ask about that!

And yes, I will definitely be sending you a message.

lol I can believe that. I would trow a fit if I had to leave... I hope it doesn't come to that.

Your replies are making me feel so much better. You have no idea. I cannot thank you enough.

It seems, if I understand correctly, that they really just want to hear me tell them that I came here to visit. I can't prove that I did, but it seems like they probably won't try to look for things that disprove it as well. And, like you said, they might not even ask that.

As for being here so long, yes, it started as a vacation, then we decided to get married, looked up what we needed and got stumped.

Ugh... so many details lol!