Avoiding Fraud charges

[mamabecky75 0]

Here's the Situation. I am Canadian, have been married almost 3yrs to an American. My children and I have lived in the US all this time. My husband and I share one child (born Canadian). I do go back and forth to visit my family about 3 times a year. I do not have a tourist visa never have. (Americans and Canadians who live near the boarder should understand how easy it is to go back and forth)In this time I have never been brought into imigration and questioned. We would like to file and do not know If we should file for an AOS or If I should go back home and have him file and I-130 and wait to re-enter. I don't know how to prove no intention when I've been away so long and have no address or job in Canada. I have not worked in the US either.

[Bobby+Umit 161]

Here's the Situation. I am Canadian, have been married almost 3yrs to an American. My children and I have lived in the US all this time. My husband and I share one child (born Canadian). I do go back and forth to visit my family about 3 times a year. I do not have a tourist visa never have. (Americans and Canadians who live near the boarder should understand how easy it is to go back and forth)In this time I have never been brought into imigration and questioned. We would like to file and do not know If we should file for an AOS or If I should go back home and have him file and I-130 and wait to re-enter. I don't know how to prove no intention when I've been away so long and have no address or job in Canada. I have not worked in the US either.

Lawyer time.

Depending on what was documented/said when they questioned you may come back to squash the AOS attempt.

The mind boggles why you didn't AOS as soon as you married, but that is water under the bridge now.

The safe path would be for you to return to Canada and file for the CR-1 - but that is your choice.

[justashooter 430]

Here's the Situation. I am Canadian, have been married almost 3yrs to an American. My children and I have lived in the US all this time. My husband and I share one child (born Canadian). I do go back and forth to visit my family about 3 times a year. I do not have a tourist visa never have. (Americans and Canadians who live near the boarder should understand how easy it is to go back and forth)In this time I have never been brought into imigration and questioned. We would like to file and do not know If we should file for an AOS or If I should go back home and have him file and I-130 and wait to re-enter. I don't know how to prove no intention when I've been away so long and have no address or job in Canada. I have not worked in the US either.

your husband needs to file CR1 for you.

http://www.visajourney.com/content/i130guide1

he also needs to file for US citizenship for his child.

http://www.uscis.gov/portal/site/uscis/menuitem.eb1d4c2a3e5b9ac89243c6a7543f6d1a/?vgnextchannel=d84d6811264a3210VgnVCM100000b92ca60aRCRD&vgnextoid=d84d6811264a3210VgnVCM100000b92ca60aRCRD

you need to be in canada to complete the CR1 interview. whether you will file while you are in USA and return to canada in time for the interview is up to you. you will need a canadian address for the filing purpose, so i suggest you use a family member's home for this.

[justashooter 430]

your husband needs to file CR1 for you.

http://www.visajourney.com/content/i130guide1

he also needs to file for US citizenship for his child.

http://www.uscis.gov/portal/site/uscis/menuitem.eb1d4c2a3e5b9ac89243c6a7543f6d1a/?vgnextchannel=d84d6811264a3210VgnVCM100000b92ca60aRCRD&vgnextoid=d84d6811264a3210VgnVCM100000b92ca60aRCRD

you need to be in canada to complete the CR1 interview. whether you will file while you are in USA and return to canada in time for the interview is up to you. you will need a canadian address for the filing purpose, so i suggest you use a family member's home for this.

i should remark on the complication of the police certificate for your country of residence. you will be required to provide one for past years during an immigration process. how you will do this i cannot advise. perhaps someone else has relevant experience or knowledge? kathryn?

if you provide a police certificate from canada while having actually lived in the USA, it will be technically inadequate. if you provide a police certificate from the USA it will bring up the question of your illegal presence. if you are outside of the USA when this issue comes up, you may face a ban for the illegal presence (would work this way for most countries, but i am not sure about canada).

2nd issue: are there entry/departure stamps in your passport? if so they provide a verifiable record of your presence that WILL come up when you apply, however you do it.

i agree with bobby that you need legal advice on this one. if you hadn't overstayed it would be much easier.

[mamabecky75 0]

Thank u for the responses. Too give a little more info. My child already has a passport. I'm not really concerned about my kids citzenship they are easy to get, my other childs father is also American. I was thinking the fact that we share a child might help with the forgiveness part. As for my passport there are no stamps in it they don't stamp passports when you are from the same Continent. If fact they don't always question u at immigration. They just really ask.

Citzenship - Canadian

Where are you going? - Visit Family

How long will you be gone? - week, 2 weeks whatever

What are you bringing with you? - my cloths whatever I have

Have a nice trip.

And none of that is recorded unless they feel the need to pulll you into immigration.

I have talked to a lawyer he gave me the two options of AOS or go home and file I-130

I just want some more insite from others with experience.

[trailmix 77]

You are going to get those same two differing opinions here, it's been discussed, at length, many times. The bottom line? It is illegal to enter the United States as a visitor with the intent to immigrate. If you do that - well you are breaking the law, it's really that simple.

Where it gets complicated is that if you did do this and then applied for adjustment of status and it never came up - well they might forgive it. They also might not and you could be banned from entering the U.S.

Here is the official word:

Entry to the U.S. while Petition is Pending

All persons traveling to the U.S. as visitors or students, Canadian or other nationality, under U.S. law are deemed to be intending immigrants and thus inadmissible for temporary purposes until they have an immigrant visa in hand. The burden of qualifying for any visa for entry to the U.S. rests solely with the applicant. Entry to the U.S. is solely up to a Department of Homeland Security/Customs and Border Protection (DHS/CBP) officer at the Port of Entry. While intending immigrants may have and lawfully seek to exercise a dual intent to be a visitor or student now and an immigrant later, it is against U.S. law to enter the U.S. as a visitor or student with the intent to wait for or seek immigrant status while in the U.S. Anyone who attempts to enter the U.S. by misrepresentation, or unlawfully, may face severe sanctions up to and including permanent ineligibility to enter the U.S.

[mamabecky75 0]

My question isn't weither or not it's illegal. I did not intend to be here in this situation 3yrs later, but here I am. I can't go back. I just want to know which is my best option and why? Stay and apply or go back to Canada and apply and what exactly might they put me though? Has anyone else been here and what did you do?

[Nartaki 7]

Mamabecky75, your last entry into the US was that of a spouse of a USC and NOT VISITOR. Because you were already married to a USC when you entered this country under a tourist visa, it might be construed as fraudulent entry when you apply for AOS. Thus, I would advise you to go through the CR-1 route, its much safer and predictable than the AOS route.

If you had entered the country as a visitor and then married your husband, then you could be safe to assume that AOS could be granted.

[AOS2IL 0]

1.)file AOS

2.) don't leave country until you get GC.

3.)prove your marriage is important.

[Boiler 45,927]

1.)file AOS

2.) don't leave country until you get GC.

3.)prove your marriage is important.

Agree

Be careful,of any comments you get on here, there are well meaning but uninformed posters. If you have any issues, see a lawyer.

[LIFE'SJOURNEY 970]

Agree

Be careful,of any comments you get on here, there are well meaning but uninformed posters. If you have any issues, see a lawyer.

Boiler does this refer to your statements aswell? Am I missing something?

Edited April 12, 2010 by LIFE'SJOURNEY

[trailmix 77]

My question isn't weither or not it's illegal. I did not intend to be here in this situation 3yrs later, but here I am. I can't go back. I just want to know which is my best option and why? Stay and apply or go back to Canada and apply and what exactly might they put me though? Has anyone else been here and what did you do?

I do know that is not your question, you already know, or are kind of aware that it's probably illegal, or this thread would not be titled "avoiding fraud charges".

I'm not sure what you are really asking for. Are you asking for people to come forward who have entered the U.S. with the intent to immigrate and then successfully adjusted status?

I'm sure those people are here, however they aren't going to post in this thread - it is against the terms of service of this site to suggest that someone break the law, so i'm not sure why you would think anyone would come forward.

I suspect, but I don't know, that when questions like this are posted, you get answers in pm from people who have done this. Well that's up to them - but you should be careful who you take advice from - if they do advise you to do this be sure that they will be there for you if you get banned.

[mamabecky75 0]

Thank you for everyone's responses. I guess I'm just at a cross roads, Pretty nevous and it helps sometimes to ask qestions. I generally play by the rules. Time and sercumstances got away from me and I was just looking for some suport from others who may have been in the same situation at sometime. One person had posted she heard 200,000 people in Canada allow were in this similar situation in 2009

Thanks anyway

[Boiler 45,927]

Boiler does this refer to your statements aswell? Am I missing something?

It does of course.

I would hope that I would never post a comment suggesting that somebody do something because I think it is the right way rather than the practical way.

But something like this you will never get rational replies on this board, so many examples in the past, so easiest thing is to see a lawyer. OP may have of course other issues not mentioned that may be relevant.

[LIFE'SJOURNEY 970]

It does of course.

I would hope that I would never post a comment suggesting that somebody do something because I think it is the right way rather than the practical way.

But something like this you will never get rational replies on this board, so many examples in the past,

so easiest thing is to see a lawyer. OP may have of course other issues not mentioned that may be relevant.

This conflicts with your statement earlier, I think. I thought you were agreeing that the OP should just do AOS without the other concerns that were discussed by others.