So totally and completely lost.....

[xoxaliehsxox 0]

First of let me say I am Canadian, born in Canada in the usa on a visa waiver that expires November 29 2010

November 2009 I came to the united states to meet my husband for the first time (at the time we were not married)and after finding out that Canadian's can stay in the USA for 6 months we decided I would stay and we would see how our relationship went and what not. I have a daughter who at the time was living with her father.

May 2010 on a spur if the moment thing we got married at the local court house.

I went back to Canada before my 6 months were up and then returned with my daughter so she could meet everyone. When we came back we took the greyhound bus from Canada to Seattle (flights from the USA are much much cheaper than flying directly out of Canada) we were questioned , at the border as the normal procedure, asked what I was doing, told them I was taking my daughter to meet her grandparents and her step father, asked how I supported myself, I said my husband supported me, they asked me how it was that her grandparents were american, I replied they were born there as far as I knew, they never asked me my husbands nationality, so I did not supply the information. I had everything with me, marriage cert etc. (was told not to do that but I already knew that one of the questions on the immigration forms would ask me if I had ever lied to a border crossing official)

We were sent on our way to catch our plane in Seattle. They never provided me with anything proving legal entry, although I do have my Greyhound bus ticket stub still.

How do we file the I-130 without a I-94? If we can file without an I-94 do I still have to leave before my visa waiver expires or can I stay until it is approved or denied? We are a family, not here for a easy immigration into the usa, honestly if it was not for my husband I would never have moved from Canada but I love him very VERY much and the family support here has been incredible. Will the USA immigration really keep a family apart?

I am so lost and really need some input and information......time is running out fast, we had no idea it was this difficult just to be together....

[Darnell 8,479]

*** not a K-3 visa question, moving to IR-1/CR-1 visa forum ***

[xoxaliehsxox 0]

See so lost that I cannot even post in the right topic discussion group

*** not a K-3 visa question, moving to IR-1/CR-1 visa forum ***

[Darnell 8,479]

How do we file the I-130 without a I-94? If we can file without an I-94 do I still have to leave before my visa waiver expires or can I stay until it is approved or denied? We are a family, not here for a easy immigration into the usa, honestly if it was not for my husband I would never have moved from Canada but I love him very VERY much and the family support here has been incredible. Will the USA immigration really keep a family apart?

I am so lost and really need some input and information......time is running out fast, we had no idea it was this difficult just to be together....

Canadiens don't have I-94 usually, so don't sweat this part.

'when to file' doesn't matter.

'where you are' does matter, a little bit -

you need to decide

IF

you want a CR-1 visa ( see http://www.visajourney.com/content/i130guide1 )

or

you want to file for AOS ( see http://www.visajourney.com/content/i130guide2 )

Both require the I-130, but AOS requires more.

You mentioned 'moving' to USA, but without immigration status, it really isn't 'moving' .

IF you are IN USA now, and NOT want to leave USA, then explore/learn about the AOS filing, over at http://www.visajourney.com/content/i130guide2 .

IF you wish to pursue a VISA to immigrate to the USA - then study http://www.visajourney.com/content/i130guide1

Good luck, which ever you decide to do !

Edited October 5, 2010 by Darnell

[xoxaliehsxox 0]

SO basically..... k3 I have to be in Canada..... and the other I risk being deported and banned because I came back here after being married?? And the I-130 says qualify...... how do I qualify??

Canadiens don't have I-94 usually, so don't sweat this part.

'when to file' doesn't matter.

'where you are' does matter, a little bit -

you need to decide

IF

you want a CR-1 visa ( see http://www.visajourney.com/content/i130guide1 )

or

you want to file for AOS ( see http://www.visajourney.com/content/i130guide2 )

Both require the I-130, but AOS requires more.

You mentioned 'moving' to USA, but without immigration status, it really isn't 'moving' .

IF you are IN USA now, and NOT want to leave USA, then explore/learn about the AOS filing, over at http://www.visajourney.com/content/i130guide2 .

IF you wish to pursue a VISA to immigrate to the USA - then study http://www.visajourney.com/content/i130guide1

Good luck, which ever you decide to do !

Edited October 5, 2010 by xoxaliehsxox

[Darnell 8,479]

K-3? You didn't mean K-3, right?

[CanadianRedneck 8]

well if you file for AOS..you can't go back to Canada until everything is said and done..AOS might go a bit quicker, otherwise you'll be in my situation where I gotta wait..I'm allowed to go visit, but I have to return and then go to Montreal for an interview..you being from Canada as well. I'd do the AOS if you have some legal status there...just to wait for an interview for Montreal is like 3.5 months alone from what I hear.

[xoxaliehsxox 0]

I did not understand still kinda don't, I thought when your relative filed the I-130 abroad then your relative would recieve paperwork from uscis to send in with a k-3 visa application allowing the relative to enter if and when approved?

K-3? You didn't mean K-3, right?

Edited October 5, 2010 by xoxaliehsxox

[xoxaliehsxox 0]

I Only have legal status from what I understand until the 29th of November.... Please bare with me this is all really new to me, and very overwelming......... so I would have to go to an interview back in canada? In your situation? Are you in the USA or back in Canada?

well if you file for AOS..you can't go back to Canada until everything is said and done..AOS might go a bit quicker, otherwise you'll be in my situation where I gotta wait..I'm allowed to go visit, but I have to return and then go to Montreal for an interview..you being from Canada as well. I'd do the AOS if you have some legal status there...just to wait for an interview for Montreal is like 3.5 months alone from what I hear.

[CanadianRedneck 8]

I didn't have legal status when we got married and filed...if I were YOU...I"d get it done before the 29th of Nov..AOS...then you'll be processed in the States and not through Canada. Sooner the better, in my opinion. If you go back to Canada you might have to wait anywhere from 8 to 10 months until you can 'live' with your husband. Only be allowed to visit, and the border guards on the US side can deny you entry until all is processed. That's the situation I'm in right now..and I even have a son from a previous relationship who's 3.5 years old, he's a US citizen..they dont care.

[xoxaliehsxox 0]

OK so I guess my real question is, is being here on a Visa waiver program considered legal status when I do not have a I-94? ok so I don't have an I-94 what do I do? Leave it blank? add copies of my Greyhound Stubs?

I didn't have legal status when we got married and filed...if I were YOU...I"d get it done before the 29th of Nov..AOS...then you'll be processed in the States and not through Canada. Sooner the better, in my opinion. If you go back to Canada you might have to wait anywhere from 8 to 10 months until you can 'live' with your husband. Only be allowed to visit, and the border guards on the US side can deny you entry until all is processed. That's the situation I'm in right now..and I even have a son from a previous relationship who's 3.5 years old, he's a US citizen..they dont care.

[Darnell 8,479]

I did not understand still kinda don't, I thought when your relative filed the I-130 abroad then your relative would recieve paperwork from uscis to send in with a k-3 visa application allowing the relative to enter if and when approved?

eh - K-3 sorta works that way,

but

a K-3 visa is usually 'chased after'

because the CR-1 / IR-1 visa process is slow.

These last 3 years, the CR-1 / IR-1 visa process is no longer slow,

and

the K-3, mostly, is a useless visa type (can't work, can't get SSN) (see http://www.visajourney.com/forums/topic/204324-wondering-if-i-made-a-mistake-marrying-in-us/page__view__findpost__p__3060767) without filing YET ANOTHER set of documents after arrival, the AOS package.

and

NVC will close the I-129F (petition the K-3 is based on) when the I-130 and I-129F travel together , from USCIS into NVC - see http://www.visajourney.com/news/2010/02/07/department-of-state-to-close-k-3-visas-if-i-129f-and-i-130-petitions-approved-and-received-together/

so, pardon, if you want a VISA, can we (you, me, anyone reading this) assume you really meant a 'CR-1' visa, instead?

----

if you want to pursue a VISA, then expect an interview in Montreal. Can you transit back and forth whilst waiting for the interview day? Maybe, it depends on each POE officer, how they feel that day, and IF they'll accept your 'proof of strong ties to Canada' that yer hand-carrying on each trip. But - don't let that scare you - this is a COMMON THING for Canadien folk, whilst waiting for the interview day in Montreal

---

if, instead, you'd like to pursue an AOS, the file it, don't leave USA until you have greencard in hand.

---

whatever you decide to do, whenever you decide it, remember -

IF you are bringing your child into USA for any USA immigration status -

study up, see if you have to have permission from the biological father, or no.

----

Welcome to VJ ! I know 'picking a process' can seem innundating at first, as there's lots of new things to learn, new acronymns, all is simply 'new' - don't fret, ah? Put pen to paper, making copious notes, circling anything that needs further explaining. The Guides here at VJ are enough to get you started, but don't forget to practice filling out forms, as well.

[Darnell 8,479]

---------

LotoPatience has a nice EZGuide for CR-1 visa - perhaps this will help?

http://www.visajourney.com/wiki/index.php/EZGuideSpouse

then when you study AOS process, can 'tweak' events and timeticks, adding or subtracting those 'things to do' for AOS from a CR-1 visa filing.

[xoxaliehsxox 0]

Thank you all sooo Much....... still a little overwelmed, but not feeling like I am lost in a Dark tunnel somewhere anymore, maybe I can see some light:)

---------

LotoPatience has a nice EZGuide for CR-1 visa - perhaps this will help?

http://www.visajourney.com/wiki/index.php/EZGuideSpouse

then when you study AOS process, can 'tweak' events and timeticks, adding or subtracting those 'things to do' for AOS from a CR-1 visa filing.

[xoxaliehsxox 0]

ok so I am looking at the EZ guide now........ where is it that I file the I-485? and the question still stands...... Do I just leave the I-94 Blank?

Edited October 5, 2010 by xoxaliehsxox