AoS is what I need, right? (just need a confirmation after some rude people confused me)

[Kittyfang 6]

Ok, so, I had a small question and didn't want to bother you fine people with it. I went to another site that shall remain nameless. I explained my situation (I came here 3 years ago, as a visitor from Canada, got married after 6 months, have been here (aka overstayed) 2.5 years now). Now, my question had nothing to do with this, but I immediately was told that "I am screwed and that AoS isn't what I need to file, I'm am illegal immigrant, and I'll get deported! (add a few racist comments and you get the picture)).

Now, I tried to explain why AoS was what I need to file, but they were very certain in their (possibly wrong conviction)... (as well as very mean and patronizing... I hate that.)

So, could anyone just confirm with me that AoS IS what I need....

[john_and_marlene 162]

Ok, so, I had a small question and didn't want to bother you fine people with it. I went to another site that shall remain nameless. I explained my situation (I came here 3 years ago, as a visitor from Canada, got married after 6 months, have been here (aka overstayed) 2.5 years now). Now, my question had nothing to do with this, but I immediately was told that "I am screwed and that AoS isn't what I need to file, I'm am illegal immigrant, and I'll get deported! (add a few racist comments and you get the picture)).

Now, I tried to explain why AoS was what I need to file, but they were very certain in their (possibly wrong conviction)... (as well as very mean and patronizing... I hate that.)

So, could anyone just confirm with me that AoS IS what I need....

Did you get married to a US citizen?

I would like to know the name of the other site. If you are uncomfortable naming it in public, please send a PM.

[TayRivers 4]

Ok, so, I had a small question and didn't want to bother you fine people with it. I went to another site that shall remain nameless. I explained my situation (I came here 3 years ago, as a visitor from Canada, got married after 6 months, have been here (aka overstayed) 2.5 years now). Now, my question had nothing to do with this, but I immediately was told that "I am screwed and that AoS isn't what I need to file, I'm am illegal immigrant, and I'll get deported! (add a few racist comments and you get the picture)).

Now, I tried to explain why AoS was what I need to file, but they were very certain in their (possibly wrong conviction)... (as well as very mean and patronizing... I hate that.)

So, could anyone just confirm with me that AoS IS what I need....

You need to file I-130 and all the AOS forms.. You can use this GUIDE to help you..

Tay

[Kittyfang 6]

hi guys, thank you for your fast answer!

Yes, I married a USC. That was 6 months (more or less) after coming here to visit him. We ran into financial problems and are just now (2.5 years after) able to file for AoS. I was told by this forum, by USCIS' agents, by community immigration centers agents that what I need is AoS. I think this other forum just fell into the category of "people randomly giving answers that aren't true, simply because they look down on your case"... which is a shame.

Thank you for the link , but apart from the mild confusion this other site created in me, I know what to do. I've actually started gathering all the paperwork I need.

Edited October 7, 2009 by Kittyfang

[Penguin_ie 5,996]

Assuming you entered legally (which you probably did, as it is easy for Canadians to enter the USA), then yes, what you need is AOS, and as soon as possible. You can be deported until it is filed, but the overstay is generally forgiven once you file AOS as you are married to a USC.

[Kittyfang 6]

Assuming you entered legally (which you probably did, as it is easy for Canadians to enter the USA), then yes, what you need is AOS, and as soon as possible. You can be deported until it is filed, but the overstay is generally forgiven once you file AOS as you are married to a USC.

Thank you, that is what I was told by many people. I think the other forum people were just reacting with what they taught was the law... or what it should be in their opinion.

[john_and_marlene 162]

Yes, I married a USC.

Then you should file the I-130 and I-485 immediately.

Regarding the other site: For whatever reason, there are people that are so averse to someone else following a path differing from theirs that they will say almost anything. Some may be ignorant to any path being valid except for the one they found and view their own situation as the only legitimate and valid position--they may even truly believe what they are saying. I cringe everytime is see statements offerred as fact with no other justification than what the person wants to be true. Some people will define in their own mind what they perceive to be fair and just and then impose those beliefs on the real world assuming that their view must surely be law based solely on thier perception.

I would like to add this caveat: People are fallible and USCIS adjudicators are people. Normally, if an adjudicator mistakenly denied adjustment to an immediate family member of a USC based on the overstay, the denial would not hold up to appeal and the denial would be reversed on appeal. If someone enters the U.S. on the VWP, they give up rights of appeal. I don't know if the same holds true for Canadians who do not need a visa and do not use the VWP.

Filing the I-130 and the Adjustment of Status remains your best course in any regard. Leaving the US with such a long overstay would trigger a 10 year ban. If you are wrongly denied adjustment and cannot appeal, you are no worse off than if you had left.

[Kittyfang 6]

Yes, I married a USC.

Then you should file the I-130 and I-485 immediately.

Regarding the other site: For whatever reason, there are people that are so averse to someone else following a path differing from theirs that they will say almost anything. Some may be ignorant to any path being valid except for the one they found and view their own situation as the only legitimate and valid position--they may even truly believe what they are saying. I cringe everytime is see statements offerred as fact with no other justification than what the person wants to be true. Some people will define in their own mind what they perceive to be fair and just and then impose those beliefs on the real world assuming that their view must surely be law based solely on thier perception.

I would like to add this caveat: People are fallible and USCIS adjudicators are people. Normally, if an adjudicator mistakenly denied adjustment to an immediate family member of a USC based on the overstay, the denial would not hold up to appeal and the denial would be reversed on appeal. If someone enters the U.S. on the VWP, they give up rights of appeal. I don't know if the same holds true for Canadians who do not need a visa and do not use the VWP.

Filing the I-130 and the Adjustment of Status remains your best course in any regard. Leaving the US with such a long overstay would trigger a 10 year ban. If you are wrongly denied adjustment and cannot appeal, you are no worse off than if you had left.

Thank you, This is what I taught as well. I didn't want to doubt what I already knew, didn't want to admit these people had gotten to me, but faced with their belief, I had to make sure.

Most people I speak to seem very certain that my case is a simple one, and that I will not run into any problems... Then again, my case is not theirs and at the end of the day it will affect my (and my husband's) life.

I cannot wait to send in the paperwork.

[lechatnoir 0]

I'm pretty sure I know what site you went to!!! Those guys are.... how should we say... quick to jump to the worst. However, I have seen the same thing happen here in the past as well.

I wish you luck and I too think you should be fine. But that's just my humble opinion.

Edited October 7, 2009 by lechatnoir

[Kittyfang 6]

I'm pretty sure I know what site you went to!!! Those guys are.... how should we say... quick to jump to the worst. However, I have seen the same thing happen here in the past as well.

I wish you luck and I too think you should be fine. But that's just my humble opinion.

1. I love your nickname hehe (finally, being French Canadian has a usefulness! )

2. I totally agree with you. It's has if some people only hang out in those places to belittle others. I have seen Immigration Forums where people would just be told to "get back home" or "get the f*** out of my country".

[lechatnoir 0]

Merci! Je pense en francais donc je suis!

You just have to remember a lot of this stuff is just words on a page from total strangers... then its a little easier to disregard some of the things you hear.

[Kittyfang 6]

Merci! Je pense en francais donc je suis!

You just have to remember a lot of this stuff is just words on a page from total strangers... then its a little easier to disregard some of the things you hear.

hehe I have been speaking English for so long now, that I sometimes forget my words in French.

And I agree with you, you have to take some of what you read with a grain of salt. However, some people, like me, are doing this on their own, without a lawyer. It can be very scary. Kinda like, going to the doctor and having him tell you that "There's a lump on your breast. There's 99.99% chance that it's an error in the x-ray"... you just KNOW that all you heard is "00.01% chance it's not an error!!!".

Also, and I'm trying to pick my words VERY carefully here. If I offend anyone please know that I don't mean to. When we started looking into the filing process my mother in law said this (and please, bear in mind, she's just old fashion, she is not racist or prejudice... She's just old fashion). Well, I guess someone in the family is married to a man from Jordan, who now lives here. And this is what she said "You'll be alright! So and so (the man from Jordan) got HIS green card and he's from that place where all them terrorists come from! you're just from Canada so you'll be alright!"

Now again, she's a very nice lady. So don't be too harsh. But I understand what she means and I can also understand how some people coming from countries that have conflicts or bad reputations might be looking for someone to make them feel better about their case. When they go to these forums (the bad ones) and get belittled and insulted, it must be horrible and I wouldn't wish that on anyone.

One last thing. I can't remember WHICH one it is, but there is a Die Hard movie (I think it's the third), where at some point a policeman make a racist comment about some immigrants. Bruce Willis turns around to him and say "I bet YOUR family has ALWAYS been in North America and never had to immigrate here?". I think that was awesome and shows how silly it is to belittle someone from being born somewhere else.

Edited October 7, 2009 by Kittyfang

[lechatnoir 0]

My ancestors were native americans... so... I would have a good answer to that question!! I just happen to speak french... I learned it in school. So, I forget a lot of it too... I haven't taken a class in French for over 10 years.

Yea I know what you mean. We used a lawyer just for peace of mind. We had gone through a lot with me moving overseas and then having to move back to the US... was just crazy. Wanted to make sure we did everything right and didn't have to deal much with the paperwork. I am greatful that they filled out all the paperwork for us, but other than that... I think we paid way too much money for what we got lol. I apparently am working in the wrong industry because I should have become an immigration lawyer. He charged us almost 3,000 dollars to have his paralegals fill out the paperwork and for him to sit at the back of our interview messing with his phone.... I imagine he does have to do a lot more work for complicated cases or in the rare event when someone gets denied. Our case was very simple and straightforward ...but you would think they would have given us a discount... lol.

[Kittyfang 6]

My ancestors were native americans... so... I would have a good answer to that question!! I just happen to speak french... I learned it in school. So, I forget a lot of it too... I haven't taken a class in French for over 10 years.

Yea I know what you mean. We used a lawyer just for peace of mind. We had gone through a lot with me moving overseas and then having to move back to the US... was just crazy. Wanted to make sure we did everything right and didn't have to deal much with the paperwork. I am greatful that they filled out all the paperwork for us, but other than that... I think we paid way too much money for what we got lol. I apparently am working in the wrong industry because I should have become an immigration lawyer. He charged us almost 3,000 dollars to have his paralegals fill out the paperwork and for him to sit at the back of our interview messing with his phone.... I imagine he does have to do a lot more work for complicated cases or in the rare event when someone gets denied. Our case was very simple and straightforward ...but you would think they would have given us a discount... lol.

hehe I understand what you mean. It seems to me they play a lot of people's fears. I'm not saying they're not needed, in some cases, but I once read a lawyer's website say "Would you do a surgery on your own? Then why would you do immigration paperwork on your own?" I was like.. well, that makes a lot of sense, why would I buy grocery on my own, or mow my own lawn. I can, kinda, see his point, but you can tell they use statements like this to bring in people who are afraid... and I'm not saying I'm not afraid... but we're also flat broke, so.

We are going to get my husband's tax revised (he was told to file as a single person and not even mention me), so if we get a good bit of money back, we might hire someone, but that is a big "IF".

As for French, it's awesome that they teach it in school here. My husband is not learning it. I don't want him too. I understand it's a turn on for some people to have someone speak french to them (he loves when I do it)... but when French is your native tongue, it looses it's appeal lol.

And you have the best answer to that question lol, kudos. As for my, my mother was adopted and I do not know my father. So, it would be a short list.

[juliava 80]

Kittyfang, just ingore all those people who know nothing about immigration.

Just make sure you file everything correctly as soon as possible and when you get in done you will see that you will feel so much better and safe.

I was also out of status and paranoid as hell but I must tell you the moment you have your paperwork sent and you know that someone on this earth will process that for you one day, you will find peace in your soul. Filing your application shows only your good intentions to correct your status in this country.

USCIS website is also a great source of information.

I wish you lots of good luck!