My Wife (Canadian Citizen)'s Situation Help & Advice Please!

[Canadiandggal 49]

I have never overstayed but been in the states multiple trips some longer then others. I know that in my case all the officers except for one was extremely nice. Only one actually mentioned how much I visit and when I came home to Canada I always stayed for a good 4-14 weeks. I know that being apart for months can be hard but it could help as she needs to legally be in canada for 6 months out of the year. I am not sure if she is even able to visit you as she overstayed. Personally for now I would suggust you visit her and maybe try in a few months, But be prepared for a denied entry.

Good luck

[s4837 0]

Thank you for all the input.

Here is our current plan...

- I will visit her in Canada (but need to make many arrangements before that can happen due to work, and that can take some time, like many weeks/months - I have not had single day off for about 2 years now).

- We'll file I-130 (almost done with the package).

- She will file for a waiver in Canada.

- We might travel for a while if I can make proper arrangements for the longer term. We love to travel but due to work we haven't done that for a while. (She has been to 20+ countries and I am in the 15 range).

Is there anyone on this board familiar with Enhanced Driver License(EDL)?

It's actually pretty rough to be here in our house by myself. We bought it just over a year ago as part of the wedding planning and finally got married after being together for almost 20 years.

[s4837 0]

I have a question regarding the certified copy of marriage license.

The certified marriage license copy I picked up yesterday is essentially a copy with the county's ink stamp and a signature from someone there on the back of the marriage certificate. With black ink stamp and black signature from the county, it LOOKS like something you could practically make copies on both sides and still looks exactly like that. Is that normal? I mean, I don't want to send it in and have USCIS thinking I made a copy. It just doesn't look official enough to me but that's how my county office issues it. I was expecting something more like a "seal press" rather than just looking like a copy with ink stamp on the back that also looks like a copy (I looked very closely, it is not, but it looks that way since they used black ink stamp and black ink pen for signature).

My sister says her marriage certificate from CA has a press seal, but mine is totally flat on both sides.

[s4837 0]

I am putting together evidence of bona fide marriage. Even though we got married only in August, we have been together for almost 20 years.

So far I have compiled one picture every year for the last 10 years when we went traveling both domestically and internationally, from many national parks to Italy and other locations.

Would that be sufficient or should I add something else?

[Tater&Bugger 3]

On a side note, I can't stand the thought of not being with her even for just a few days. So sad.

Join the long list... there is no quick legal way to do this, and based on the number of rules you've already broken she is going to have to go through the CR1 Visa process and wait it out (see timelines on the link at the blue line above). In the meantime I recommend she go to Canada so at least you can visit her without the extremely long flight.

Be prepared to face a lot of questions about her overstaying in the US, it's not a tough road but I think it can be done. She may want to consider an immigration lawyer depending on how much she has overstayed. I'd try without first though and see if what you can do.

[s4837 0]

Still have a few questions. I am almost done assembling the pack.

BTW, several posters have helpfully suggested that I can visit her in Canada, instead of focusing on her coming in. I agree (see post #62), and that is the plan as I try to make arrangements to be able to leave work. <- That is the immediately plan. Part of the reason I have been trying to find ways for her to come in is because: 1) that's the part that needs figuring out, and 2) we were caught completely off guard and as such we were not ready for her to be away for so long, still lots of stuff to take care of here that I can't do as well as her.

I was wondering if someone can shed some light on my questions in post #63. I imagine the local USCIS office would be familiar with the format of the certified marriage license. I even had a long discussion with the county office when I picked them up and they assured me that this was the only format they could provide.

Also, for my question in #64, can I use my own color printer or should I have them printed at Costco or a photo lab? I plan to annotate below each photo with the date and location information, as well as some financial related info.

(Looking at the photos, both of us have aged as each year past by...)

Edited October 28, 2010 by s4837

[JlovesA 109]

s4837, I don't know anything about the EDL but another route for her is the Nexus card. I have one and it's great. You get your own customs lines at airports and land crossings and the line is usually much shorter. Here in Sarnia, ON we have the Bluewater Bridge and it even has a lane on the bridge you can drive on so you do not have to wait in lineups.

However, I'm not sure if they're going to even let her into the USA and she may have a hard time obtaining a Nexus card. I don't think she has to go the USA for her Nexus interview as long as there is a Nexus office somewhere near her (you can Google it) in Canada.

Wait...what is the point of her getting an EDL if she already has a passport anyway?

Edited October 28, 2010 by JlovesA

[Marilyn. 340]

I would just print the pictures out on regular paper

[Danu 19]

Still have a few questions. I am almost done assembling the pack.

BTW, several posters have helpfully suggested that I can visit her in Canada, instead of focusing on her coming in. I agree (see post #62), and that is the plan as I try to make arrangements to be able to leave work. <- That is the immediately plan. Part of the reason I have been trying to find ways for her to come in is because: 1) that's the part that needs figuring out, and 2) we were caught completely off guard and as such we were not ready for her to be away for so long, still lots of stuff to take care of here that I can't do as well as her.

I was wondering if someone can shed some light on my questions in post #63. I imagine the local USCIS office would be familiar with the format of the certified marriage license. I even had a long discussion with the county office when I picked them up and they assured me that this was the only format they could provide.

Also, for my question in #64, can I use my own color printer or should I have them printed at Costco or a photo lab? I plan to annotate below each photo with the date and location information, as well as some financial related info.

(Looking at the photos, both of us have aged as each year past by...)

For #63, not positive about for CR-1's but for my AOS here in the states I just sent in a copy of the marriage cert and then took my actual cert with me when we had the interview. Does it say they need an original? If not a copy should be fine. My one from CA also has an embossed logo but not all states do that, if thats all your county gives out then it should be fine.

for #64, I printed mine out at home on photo paper and sent them in for my K1 visa, for my AOS I just put a bunch of different photos on normal paper. Both were accepted fine.

For her coming to visit you, I honestly don't think she will be able to visit until you have the CR-1 approved, because of the fact she needs a waiver and most waivers are only based on hardship and such due to marriage (going along with the visa). I am doubtful that she would get one approved prior to the CR-1 going through and the waiver for that, and I don't know how having a denied waiver may affect a petition as compaired to a denied entry which doesnt affect it at all.

As for the EDL - for you its a wonderful idea, can help you get across the border quickly and with little questions. For her...with a ban on her file I'm not sure they would allow her to have one, and even if she did, if shes still subject to the ban she will be banned from entry regardless of whether she comes in by plane, car or boat.

Edited October 28, 2010 by Danu

[Canadiandggal 49]

Still have a few questions. I am almost done assembling the pack.

BTW, several posters have helpfully suggested that I can visit her in Canada, instead of focusing on her coming in. I agree (see post #62), and that is the plan as I try to make arrangements to be able to leave work. <- That is the immediately plan. Part of the reason I have been trying to find ways for her to come in is because: 1) that's the part that needs figuring out, and 2) we were caught completely off guard and as such we were not ready for her to be away for so long, still lots of stuff to take care of here that I can't do as well as her.

I was wondering if someone can shed some light on my questions in post #63. I imagine the local USCIS office would be familiar with the format of the certified marriage license. I even had a long discussion with the county office when I picked them up and they assured me that this was the only format they could provide.

Also, for my question in #64, can I use my own color printer or should I have them printed at Costco or a photo lab? I plan to annotate below each photo with the date and location information, as well as some financial related info.

(Looking at the photos, both of us have aged as each year past by...)

#64 I used my own printed, no reason to spend money at costco or photo lab if you dont need to but you can if you want

[s4837 0]

Thank you, everyone.

The Enhanced Driver License (EDL) is because her current Canadian driver license needs to be renewed shortly anyway, so we might as well go that route.

I recently bought a color laser printer (was waiting for her to come back to open it ), so I guess I will just do home print for the photos.

In the process of putting the package together, I also notice that my own U.S. passport will expire in about 5 months. Time to renew mine as well.

My small business has hired 10+ people in the past year (which is really totally related to why I have been working 7 days a week without a single day off for 2 years). I am not sure what I would do about it if I have to spend a lot of time in Canada. Sigh...

Thank you all again.

Edited October 28, 2010 by s4837

[JlovesA 109]

Thank you, everyone.

The Enhanced Driver License (EDL) is because her current Canadian driver license needs to be renewed shortly anyway, so we might as well go that route.

I recently bought a color laser printer (was waiting for her to come back to open it ), so I guess I will just do home print for the photos.

In the process of putting the package together, I also notice that my own U.S. passport will expire in about 5 months. Time to renew mine as well.

My small business has hired 10+ people in the past year (which is really totally related to why I have been working 7 days a week without a single day off for 2 years). I am not sure what I would do about it if I have to spend a lot of time in Canada. Sigh...

Thank you all again.

I just don't understand why you'd go to extra work if she already has a passport. To each his own, but the EDL is targeted to people who don't have passports. There really isn't any point to it. It makes more sense to get a Nexus card, IMHO.