New to this and hope someone can give some advice!

[helpmeimlost 0]

Hello all!!

First off I am new to this site and wish I had found it months ago as the information provided by everyone has been a great help so far! So thank you to everyone for your informative posts! Now to my very unique situation at hand!

A year and a half ago I moved from Canada to the US with my Canadian husband (I am a Australian national living in Canada as a permanent resident) on a TD visa following him on his TN visa. I received a visa in my passport I had to get at a US consulate in Canada and then had to continue to the POE where I was given my I94 TD dependent on his visa. His visa is set to expire in late 2012 as is mine.... now comes the awkward part. I learned of my husbands infidelity about 2 months after moving with him to the US, that in mind I filed for divorce back in Canada and after abiding by their 'living legally separated for one year before the divorce is final rule'. The divorce will be final in less than a month and I understand as per USCIS rules that once the divorce is final I am obligated to return to Canada and hand in my visa and I94 and continue life as usual in Canada before the move.

Next the confusing bit... I met a US man about 2 months into my separation and we really hit it off. We have been damn near inseparable since the day we met a little over a year ago, he has proposed to me (pending my divorce and how the visa thing pans out I have said a conditional yes! lol) and it is our intention to marry and be together asap! So here comes the tricky bit... my concern is that USCIS will think that our marriage is fake due to our situation and my past marriage that will only have been finalized a month or two before. Also my first marriage was less than two years in duration before our divorce (a year of which was living separate), I'm worried this will be frowned upon as well. So here is our thought... I was thinking of returning to Canada when the divorce is final (within a day of that) and handing in my I94 and Visa when I leave. Next I was planning on getting some affairs in order in Canada (a week or two) and then returning to South Carolina on a tourist (I94 that I usually get as a PR of Canada) visa. Now I know what your saying 'that is not the proper use of a tourist visa', however I am not yet engaged and wear no ring as I don't want to break any laws and we have no wedding planned. Entering the US is only for a few weeks as we would both be leaving the country for a period of one year on a workers permit to the Dominican Republic. There we will marry and reside temporarily while our US papers are filed and approved. I would hand in my visitors I94 when I leave the US. We thought this would show the US government that 1) We care about each other enough to be together anywhere! 2) We respect the system and don't wish to break the rules. 3) We get the wedding we want, not a shotgun one at a court house and live illegal till things are approved!

So that being said... here are my questions...

1) I am correct in assuming I must return the day my divorce is final to avoid being considered an overstay on an invalid visa.

2) Will DHS issue me a new I94 visitors visa a week or two after my TD visa being handed in if I have proof (an airline ticket from South Carolina to Dominican Republic) that I am leaving again in a few weeks?

3) Am I doing ANY of this correctly?? LOL

4) Should I marry in the Dominican and apply for a visa through marriage? Or should we become officially engaged and apply for a fiance visa and marry in the US? We like the idea of a Dominican wedding so the latter makes less sense, but we want to do it the best way for the visa situation in the US.

5) Will my previous marriage and recent divorce cause a huge hassle with my new immigration status?

6) Are there any other ways of dealing with our situation?

Thank you to everyone who reads this and thank you again to anyone who can help with any advice on our situation... at the moment we are completely lost and find this whole thing VERY confusing! I really do not wish to hire a lawyer, I handled the whole visa process for my soon to be ex-husband and made the move in a few months. I just don't want to have to pay for something I can manage myself unless it really necessary, however there is nothing straight forward about this! Eeek!

Thanks again for any and all advice!

[pushbrk 13,118]

Hello all!!

First off I am new to this site and wish I had found it months ago as the information provided by everyone has been a great help so far! So thank you to everyone for your informative posts! Now to my very unique situation at hand!

A year and a half ago I moved from Canada to the US with my Canadian husband (I am a Australian national living in Canada as a permanent resident) on a TD visa following him on his TN visa. I received a visa in my passport I had to get at a US consulate in Canada and then had to continue to the POE where I was given my I94 TD dependent on his visa. His visa is set to expire in late 2012 as is mine.... now comes the awkward part. I learned of my husbands infidelity about 2 months after moving with him to the US, that in mind I filed for divorce back in Canada and after abiding by their 'living legally separated for one year before the divorce is final rule'. The divorce will be final in less than a month and I understand as per USCIS rules that once the divorce is final I am obligated to return to Canada and hand in my visa and I94 and continue life as usual in Canada before the move.

Next the confusing bit... I met a US man about 2 months into my separation and we really hit it off. We have been damn near inseparable since the day we met a little over a year ago, he has proposed to me (pending my divorce and how the visa thing pans out I have said a conditional yes! lol) and it is our intention to marry and be together asap! So here comes the tricky bit... my concern is that USCIS will think that our marriage is fake due to our situation and my past marriage that will only have been finalized a month or two before. Also my first marriage was less than two years in duration before our divorce (a year of which was living separate), I'm worried this will be frowned upon as well. So here is our thought... I was thinking of returning to Canada when the divorce is final (within a day of that) and handing in my I94 and Visa when I leave. Next I was planning on getting some affairs in order in Canada (a week or two) and then returning to South Carolina on a tourist (I94 that I usually get as a PR of Canada) visa. Now I know what your saying 'that is not the proper use of a tourist visa', however I am not yet engaged and wear no ring as I don't want to break any laws and we have no wedding planned. Entering the US is only for a few weeks as we would both be leaving the country for a period of one year on a workers permit to the Dominican Republic. There we will marry and reside temporarily while our US papers are filed and approved. I would hand in my visitors I94 when I leave the US. We thought this would show the US government that 1) We care about each other enough to be together anywhere! 2) We respect the system and don't wish to break the rules. 3) We get the wedding we want, not a shotgun one at a court house and live illegal till things are approved!

So that being said... here are my questions...

1) I am correct in assuming I must return the day my divorce is final to avoid being considered an overstay on an invalid visa.

2) Will DHS issue me a new I94 visitors visa a week or two after my TD visa being handed in if I have proof (an airline ticket from South Carolina to Dominican Republic) that I am leaving again in a few weeks?

3) Am I doing ANY of this correctly?? LOL

4) Should I marry in the Dominican and apply for a visa through marriage? Or should we become officially engaged and apply for a fiance visa and marry in the US? We like the idea of a Dominican wedding so the latter makes less sense, but we want to do it the best way for the visa situation in the US.

5) Will my previous marriage and recent divorce cause a huge hassle with my new immigration status?

6) Are there any other ways of dealing with our situation?

Thank you to everyone who reads this and thank you again to anyone who can help with any advice on our situation... at the moment we are completely lost and find this whole thing VERY confusing! I really do not wish to hire a lawyer, I handled the whole visa process for my soon to be ex-husband and made the move in a few months. I just don't want to have to pay for something I can manage myself unless it really necessary, however there is nothing straight forward about this! Eeek!

Thanks again for any and all advice!

I think if it were me, I would stay in the USA, marry in the USA and adjust status. When you do, make sure there's plenty of evidence you and your new husband are living together as husband and wife. Lots of guidance here on how to do that. http://www.visajourn...tent/i130guide2

Note that visa overstays are forgiven when adjusting status based on a valid marriage to a US Citizen but for this suggestion to work, you must remain in the USA. If you leave, you'll need a spouse visa to return for more than a short visit. As an Australian Citizen, you don't need a visa to visit the USA but as the spouse of a US Citizen, intending to later immigrate to the USA, you would not qualify for any non-immigrant visa.

Edited July 24, 2011 by pushbrk

[helpmeimlost 0]

I think if it were me, I would stay in the USA, marry in the USA and adjust status. When you do, make sure there's plenty of evidence you and your new husband are living together as husband and wife. Lots of guidance here on how to do that. http://www.visajourn...tent/i130guide2

Note that visa overstays are forgiven when adjusting status based on a valid marriage to a US Citizen but for this suggestion to work, you must remain in the USA. If you leave, you'll need a spouse visa to return for more than a short visit. As an Australian Citizen, you don't need a visa to visit the USA but as the spouse of a US Citizen, intending to later immigrate to the USA, you would not qualify for any non-immigrant visa.

Thank you so much for your response! Do you think they will allow me to adjust status from a dependent TD visa under one husband to a Visa under a new husband? I did think about this as an option but I was thinking it sounds really odd and didn't know it was even a process I was allowed to undertake... I thought that there may not be an avenue in the system for that kind of adjustment. So if that is the case and we do that then your saying... (sorry for all the questions!)

1) Don't leave USA when my divorce comes through, just obtain the decree and then marry the man I should have three years ago! lol

2) Once married apply for an adjustment from TD visa to my new status as married to a citizen... So this is an AOS not a CR-1 right?

3) I think I know the answer to this, but, will I be able to leave on holiday... if not then how long does the adjustment for this process usually take?

4) Will I be able to work while the process is underway? I only ask as it would help us financially if I could and by leaving we could both find employment... just curious.

5) Leaving is not in my best interests as re-entering the US just as a stepping stone would be frowned upon even though we would not be planning on getting married in the US or would technically be engaged while in the US...

Pushbrk.... Thank you so much for your help so far and I am totally not questioning your thoughts I just have questions! lol... this whole thing is so awkward and confusing... governments don't make it easy anymore, I understand why, but it's ok to vent right?! lol.... oh and one other thing.... for what it's worth I have had my Canadian Permanent Residence of Canada through my parents for 15 years as well... not sure this changes anything but I know that I usually get an I94 to travel to the US that lasts 90days.... until my ex moved here then I got a 3 year one through a consulate.

Edited July 24, 2011 by helpmeimlost

[pushbrk 13,118]

Thank you so much for your response! Do you think they will allow me to adjust status from a dependent TD visa under one husband to a Visa under a new husband? I did think about this as an option but I was thinking it sounds really odd and didn't know it was even a process I was allowed to undertake... I thought that there may not be an avenue in the system for that kind of adjustment. So if that is the case and we do that then your saying... (sorry for all the questions!)

1) Don't leave USA when my divorce comes through, just obtain the decree and then marry the man I should have three years ago! lol

2) Once married apply for an adjustment from TD visa to my new status as married to a citizen... So this is an AOS not a CR-1 right?

3) I think I know the answer to this, but, will I be able to leave on holiday... if not then how long does the adjustment for this process usually take?

4) Will I be able to work while the process is underway? I only ask as it would help us financially if I could and by leaving we could both find employment... just curious.

5) Leaving is not in my best interests as re-entering the US just as a stepping stone would be frowned upon even though we would not be planning on getting married in the US or would technically be engaged while in the US...

Pushbrk.... Thank you so much for your help so far and I am totally not questioning your thoughts I just have questions! lol... this whole thing is so awkward and confusing... governments don't make it easy anymore, I understand why, but it's ok to vent right?! lol.... oh and one other thing.... for what it's worth I have had my Canadian Permanent Residence of Canada through my parents for 15 years as well... not sure this changes anything but I know that I usually get an I94 to travel to the US that lasts 90days.... until my ex moved here then I got a 3 year one through a consulate.

1. Yes

2. You will be adjusting to a CR1 status. CR1 is both a status and a visa category. No visa in this case.

3. No. What part of you must not leave, are you having trouble understanding?

4. You can work when you receive your EAD. Apply for status adjustment, EAD (work authorization) and advance parole all at the same time. Follow the guide. However, I do not advise actually using the advance parole in you circumstance unless it's an emergency.

5. Leaving before adjusting status will disqualify you from the ability to adjust status. If you need a visit to Canada or elsewhere, do it BEFORE the divorce is final.

Consulate's don't issue I-94 forms. Your allowed time to stay is determined each time you enter. If you leave after your divorce is final, you'll need s spouse visa before you can reside in the USA again legally.

[helpmeimlost 0]

1. Yes

2. You will be adjusting to a CR1 status. CR1 is both a status and a visa category. No visa in this case.

3. No. What part of you must not leave, are you having trouble understanding?

4. You can work when you receive your EAD. Apply for status adjustment, EAD (work authorization) and advance parole all at the same time. Follow the guide. However, I do not advise actually using the advance parole in you circumstance unless it's an emergency.

5. Leaving before adjusting status will disqualify you from the ability to adjust status. If you need a visit to Canada or elsewhere, do it BEFORE the divorce is final.

Consulate's don't issue I-94 forms. Your allowed time to stay is determined each time you enter. If you leave after your divorce is final, you'll need s spouse visa before you can reside in the USA again legally.

Perfect! Yeah I seem to be having an issue with the whole 'not leaving' thing! lol... sorry! Yes originally when my family moved to Canada and took PR status I kept my Aussie passport as I was not sure about staying. I did... 15 years worth! lol. When I would travel to the US as I did frequently I would simply got the the POE and they would issue me a (green color) I94W valid for 90days... as I was one hour from the border I would keep this for numerous entries being sure to hand it back before it expired. I got a new one whenever I needed it for re-entry...

When we (my husband and I) relocated to the US, he simply went to the border and got his TN status and proceeded to get his SSN and work! I however had to attend a US consulate in Canada where they interviewed and kept my passport. I got it by mail a week later with a 'Visa' attached inside that says my visa class is TD and notes say P/A under my husband TN status until... you get the idea. So from there I went to the border and had to obtain an I94A that is stamped 'TD' as well, it has the same expiry as my 'visa'...

So that being said, when I said about handing in my current paperwork and getting a new I94 for 90days as a visitor, that was what I meant. I see now that your saying it's probably going to not be an easy process and may look pretty odd that I would leave the US, hand in my visa and then try and re-enter, they will probably suspect an overstay, even though that's not the case...makes sense. Plus why go through all that when I am allowed a simple change of status, wouldn't make sense really. Leaving the country is no biggie and I'm happy to stay so no problem there... if I can apply for an EAD and work that's great news! Any idea on a rough timeline for a change of status like this?

[pushbrk 13,118]

Perfect! Yeah I seem to be having an issue with the whole 'not leaving' thing! lol... sorry! Yes originally when my family moved to Canada and took PR status I kept my Aussie passport as I was not sure about staying. I did... 15 years worth! lol. When I would travel to the US as I did frequently I would simply got the the POE and they would issue me a (green color) I94W valid for 90days... as I was one hour from the border I would keep this for numerous entries being sure to hand it back before it expired. I got a new one whenever I needed it for re-entry...

When we (my husband and I) relocated to the US, he simply went to the border and got his TN status and proceeded to get his SSN and work! I however had to attend a US consulate in Canada where they interviewed and kept my passport. I got it by mail a week later with a 'Visa' attached inside that says my visa class is TD and notes say P/A under my husband TN status until... you get the idea. So from there I went to the border and had to obtain an I94A that is stamped 'TD' as well, it has the same expiry as my 'visa'...

So that being said, when I said about handing in my current paperwork and getting a new I94 for 90days as a visitor, that was what I meant. I see now that your saying it's probably going to not be an easy process and may look pretty odd that I would leave the US, hand in my visa and then try and re-enter, they will probably suspect an overstay, even though that's not the case...makes sense. Plus why go through all that when I am allowed a simple change of status, wouldn't make sense really. Leaving the country is no biggie and I'm happy to stay so no problem there... if I can apply for an EAD and work that's great news! Any idea on a rough timeline for a change of status like this?

Filing to joint interview is around 90 days. EAD tends to be a little faster. Time to study the guide. Don't leave the USA.

[helpmeimlost 0]

Thank you thank you thank you!

[helpmeimlost 0]

Hello again!!

Well it's been awhile since my last post and we are now starting the process of AOS! I have a few questions based on my earlier comments I was wondering if someone can help me with?!

1) I am doing the I-485 paperwork and I do not know what box to check in Part 2 Application type... Would it be A? Or maybe H with an explanation? I am confused as there is no box for conversion from Non-immigrant visa to GC through marriage to a US citizen.

2) In Part 1 Information About You... it asks date of last arrival. Would this be the last time I obtained my TD and I94 (Nov 2009) or would this be the last time I entered the US and received a stamp (Feb 2010), or lastly the last time I entered the US period?! (June 2011)

Any help is appreciated!!

Thanks so much!

[pushbrk 13,118]

Hello again!!

Well it's been awhile since my last post and we are now starting the process of AOS! I have a few questions based on my earlier comments I was wondering if someone can help me with?!

1) I am doing the I-485 paperwork and I do not know what box to check in Part 2 Application type... Would it be A? Or maybe H with an explanation? I am confused as there is no box for conversion from Non-immigrant visa to GC through marriage to a US citizen.

2) In Part 1 Information About You... it asks date of last arrival. Would this be the last time I obtained my TD and I94 (Nov 2009) or would this be the last time I entered the US and received a stamp (Feb 2010), or lastly the last time I entered the US period?! (June 2011)

Any help is appreciated!!

Thanks so much!

1) Part A. You'll be filing the petition (I-130) and I-485 concurrently.

2) Last arrival means last arrival in the USA period. If you didn't receive a stamp or I-94 that time, just indicate "N/A Canada Visitor".

[helpmeimlost 0]

1) Part A. You'll be filing the petition (I-130) and I-485 concurrently.

2) Last arrival means last arrival in the USA period. If you didn't receive a stamp or I-94 that time, just indicate "N/A Canada Visitor".

Pshbrk,

Thank you so much for all your help! I really appreciate it... I'm sure there will be more questions as time goes on but I will try and limit them as best as possible!! lol

Thanks again!