Can outstanding student loans keep me from getting Canadian Passport?

[Kittyfang 6]

Kitty, while I still think you are annoying, it is apparent to me that you are incredibly worried as you should be.

I really hope you can get it straight and I think you should apply for the passport. I don't think you should apply for AOS until you have a passport but that is just my opinion. I really don't see how you will be able to see this process through without a passport. Especially because of how you entered, which they have no record of, they aren't going to let you off with some expired documents.

When I came to the US as a visitor and then married a few months after that, I had my plane stub of my entering the US. That is what I used to determine my length of stay on my AOS application.

I'd rather be annoying and ask questions and try to find a way out then not say anything. That's just me. We were all playing nice here, there's no need for name calling.

The passport, I will most likely file for. If they deny it, I will speak with the consul and take it there.

However, I came here by land, I did not receive and I-94 and nothing was stamped. That, in itself, isn't bad, or good. It's just how it is. They didn't require passports and they didn't issue I-94. There's nothing I can do about that.

[thetreble 19]

It is actually more bad than good. They have no record of you coming to the US. I had a lawyer when I filed my AOS paperwork and he said that if I hadn't had my plane ticket stub, I'd have a hard time proving when I entered the US and this could cause problems for me. Just because there is nothing you can do about having no proof of entry, it doesn't mean the fact that you don't just gets put aside and you are okay. Again, if you even had a document like a passport, they could probably trace the document number to when you entered the country if you needed proof.

I didn't call you a name, I said you were annoying. They are two different things. You are asking questions over and over again in the multiple forms. You are essentially trolling a message board and it's bad etiquette. Whether you are understand that or not, that's not my problem.

We all make mistakes, and I feel bad to some degree that you have literally put yourself in a place that you can't get out of. Not too many of us here can say that we can't go home to get things straightened out and I hope that this experience teaches you some responsibility about life in general and also to never go anywhere without something like a passport.

When did you enter the US and what day did you get married?

Edited October 23, 2009 by thetreble

[Kittyfang 6]

It is actually more bad than good. They have no record of you coming to the US. I had a lawyer when I filed my AOS paperwork and he said that if I hadn't had my plane ticket stub, I'd have a hard time proving when I entered the US and this could cause problems for me. Just because there is nothing you can do about having no proof of entry, it doesn't mean the fact that you don't just gets put aside and you are okay. Again, if you even had a document like a passport, they could probably trace the document number to when you entered the country if you needed proof.

I didn't call you a name, I said you were annoying. They are two different things. You are asking questions over and over again in the multiple forms. You are essentially trolling a message board and it's bad etiquette. Whether you are understand that or not, that's not my problem.

We all make mistakes, and I feel bad to some degree that you have literally put yourself in a place that you can't get out of. Not too many of us here can say that we can't go home to get things straightened out and I hope that this experience teaches you some responsibility about life in general and also to never go anywhere without something like a passport.

When did you enter the US and what day did you get married?

I'm curious. What does it matter when I came in or got married?

Seems to me like, I should try and solve one problem, not dig out new ones.

Hell, if they can't prove when I came in, I should just freaking go back home and come back right?

I'm pretty sure they have SOME kind of record.

Edited October 23, 2009 by Kittyfang

[thetreble 19]

I highly doubt they have a record if you came in with a driver's license, but that's just my opinion and certainly not the a fact.

You can't go back home and come back because they wouldn't let you back in. So, I don't suggest that either. It's fine and well to solve one thing at a time which is good. However, I think for yourself once you try to solve one thing, you are going to find 10 more things that will make things more complicated. In fact, you may want to look at getting a lawyer if you are having a really hard time.

It matters when you got married because if you entered the US as a visitor on say, Jan 1st, and were marred by the second week of Jan. 14th, you are going to have a hard time proving you didn't commit fraud. I married my husband 5 months after I got here as a visitor....not because I wanted to but because our lawyer encouraged us to do it this way. He said, and again his word is not God's, that if we married too soon our case would have a whole new light shred on it because we would just be screwing ourselves.

Edited October 23, 2009 by thetreble

[Kittyfang 6]

I highly doubt they have a record if you came in with a driver's license, but that's just my opinion and certainly not the a fact.

You can't go back home and come back because they wouldn't let you back in. So, I don't suggest that either. It's fine and well to solve one thing at a time which is good. However, I think for yourself once you try to solve one thing, you are going to find 10 more things that will make things more complicated. In fact, you may want to look at getting a lawyer if you are having a really hard time.

It matters when you got married because if you entered the US as a visitor on say, Jan 1st, and were marred by the second week of Jan. 14th, you are going to have a hard time proving you didn't commit fraud. I married my husband 5 months after I got here as a visitor....not because I wanted to but because our lawyer encouraged us to do it this way. He said, and again his word is not God's, that if we married too soon our case would have a whole new light shred on it because we would just be screwing ourselves.

We got married 6 months after I came in. We married out of love, nothing else. I know that no one believes me when I say this, but we were not even aware of the immigration procedure. We (foolishly) thought that getting married would be enough.

(It was birth certi. and health card, btw). While I don't have proof that I came in, I do have proof that I intended on going back. I have an affidavit from someone I was planning to move in with. It's not much, but it's all I have.

And believe me, I would love nothing else than to hire a lawyer, but we don't have the money.

Edited October 23, 2009 by Kittyfang

[Chica Yeyé 41]

Kitty- USCIS will not allow you to enter for biometrics without a valid ID from the list (I have yet to hear something to the contrary). For sure the US government will NOT issue a permanent resident card without a valid passport. You have to contact the Canadian consulate asap. If you ware willing to do whatever it takes to come clean and become a legal resident, you will have to make sacrifices - including traveling as far as you have to get the passport item fixed. If by the time of your interview - and yes, there will be one due to your circumstances- and you have no passport, you will be denied, ban in effect, send back home.

You are playing with fire, and the more you share, the deeper the hole gets. Catholic charities in all areas help people with immigration matters. There are organizations that specialize in aiding illegal immigrants/undocumented folk. I do not think VJ is qualified to answer all your questions with certainty.

[Sprailenes 47]

Kitty, have you and your husband discussed the possibility of a ban? If you ended up getting the ban, would he be willing to go back to Canada with you?

[Kittyfang 6]

Kitty, have you and your husband discussed the possibility of a ban? If you ended up getting the ban, would he be willing to go back to Canada with you?

We have, but we consider it a plan B. For now, the important thing is to get this resolved. If we can.

[thetreble 19]

We married out of love, nothing else. I know that no one believes me when I say this, but we were not even aware of the immigration procedure. We (foolishly) thought that getting married would be enough.

(It was birth certi. and health card, btw). While I don't have proof that I came in, I do have proof that I intended on going back. I have an affidavit from someone I was planning to move in with. It's not much, but it's all I have.

And believe me, I would love nothing else than to hire a lawyer, but we don't have the money.

I believe you 100%. I married out of love too. I would have been crazy to get married for any other reason considering the circumstance. It's also completely understandable you were not aware. However, I believe you soon became aware of the rules and I think you just haven't filed due to $$. Unfortunately, this process is expensive no matter which way do it. Do you think you be able to afford the process now? In all honestly, it's not just going to be the forms...there are other financial things involved you will have to pay out of pocket for.

[Kittyfang 6]

We married out of love, nothing else. I know that no one believes me when I say this, but we were not even aware of the immigration procedure. We (foolishly) thought that getting married would be enough.

(It was birth certi. and health card, btw). While I don't have proof that I came in, I do have proof that I intended on going back. I have an affidavit from someone I was planning to move in with. It's not much, but it's all I have.

And believe me, I would love nothing else than to hire a lawyer, but we don't have the money.

I believe you 100%. I married out of love too. I would have been crazy to get married for any other reason considering the circumstance. It's also completely understandable you were not aware. However, I believe you soon became aware of the rules and I think you just haven't filed due to $$. Unfortunately, this process is expensive no matter which way do it. Do you think you be able to afford the process now? In all honestly, it's not just going to be the forms...there are other financial things involved you will have to pay out of pocket for.

Well, we have two options. Money wise. We have just paid off a debt that my husband had. So, we can either borrow the money now (I belive 3k is the amount we were aiming for). OR.. and please, don't bash me, this is just something that came up while we were brainstorming. OR... we wait one more year. In that time, the house will be paid and we will have more money every month.

[thetreble 19]

Where are you living that your mortgage payment is far less than $1000/month + taxes, living expensive, etc.? If you have to borrow the money, that 's probably what you should do. In fact, you should be able to borrow against your house.

[Kittyfang 6]

Where are you living that your mortgage payment is far less than $1000/month + taxes, living expensive, etc.? If you have to borrow the money, that 's probably what you should do. In fact, you should be able to borrow against your house.

We live in a very small town, mortgage is pretty low for everyone here.

[Hugglebuggles 60]

I think borrowing would be the best idea too Kitty. When this is all over you will be able to work and make money as well, and your financial situation would be greatly improved. The way things are being processed now, some are getting AOS approvals with interviews in 3 months or so. In the remaining 9 months you would have waited to file, you could have made some decent money. You could use your income to pay off the loan later.

[IR5FORMUMSIE 850]

KF, the time for recrimination is long past. Pardon my French but you, my dear, have been jerking off long enough. It is time to formulate a battle plan and follow-through. 1.) get your passport, USCIS DOES NOT record the entries for Canadians 99% of the time, even if you have a visa. I got this info from Washington, D.C. You must get a valid passport. 2.) Be prepared for all the potential repercussions. I would try a legal clinic that caters to illegals or refugees as Len suggested. Check in the phone book or library or contact the closest law school or bar association in your area. Tell them everything, I mean everything. If you volunteer to go back to Canada, you might not get banned but how long after you entered the US did you get married? If it was over ~90 days then you'll be OK as far as the presumption of entering the US to get married just so you can stay. (knock on wood) If >180 days, you overstayed and presumably you got married to avoid returning home (that's what the USCIS folks will think) and this might be a problem but it is best to discuss all possible permutations with your legal counsel. 3.) Don't lose hope. Hope is a good thing, maybe the best of thing and no good thing ever dies. (Sorry, Mumsie really likes The Shawshank Redemption)

[Kittyfang 6]

KF, the time for recrimination is long past. Pardon my French but you, my dear, have been jerking off long enough. It is time to formulate a battle plan and follow-through. 1.) get your passport, USCIS DOES NOT record the entries for Canadians 99% of the time, even if you have a visa. I got this info from Washington, D.C. You must get a valid passport. 2.) Be prepared for all the potential repercussions. I would try a legal clinic that caters to illegals or refugees as Len suggested. Check in the phone book or library or contact the closest law school or bar association in your area. Tell them everything, I mean everything. If you volunteer to go back to Canada, you might not get banned but how long after you entered the US did you get married? If it was over ~90 days then you'll be OK as far as the presumption of entering the US to get married just so you can stay. (knock on wood) If >180 days, you overstayed and presumably you got married to avoid returning home (that's what the USCIS folks will think) and this might be a problem but it is best to discuss all possible permutations with your legal counsel. 3.) Don't lose hope. Hope is a good thing, maybe the best of thing and no good thing ever dies. (Sorry, Mumsie really likes The Shawshank Redemption)

Thank you, we are not losing hope. We ARE going to file for a passport and take it from there. HOPEfully, our situation will be common to them and we will not run into any trouble. It might cost more to get legal advice, but at this point, it is worth it. I have been overstaying for a long time, but we didn't get married right away after I came here, so I'm hoping that will work in our favor.

Thank you everyone for your kind words, I really appreciate it, specially from people who are not always on my side. It's good to see we can all play nice when someone has a genuine problem. Now, we are ordering the passport soon. For now, I'm going to take a small break from this forum because if not, I'm just going to be running circles for no reasons. I will not even be checking this for replies. BUT I will be back once I have the passport... or the denial.

Take care guys and thank you.