Married to a Canadian

[mcdode 0]

I am married to a canadian. The trouble I am having is figuring out the fastest and easiest way to have her able to work and become a citizen. We were married in July 2010 and she has lived here since November 2009. First of all I have a meddling mother in law that is Canadian and now a US Citizen and I have been told they were seeing an attorney and my wife is getting a green card???? Well all the research I have been doing seems that if I am her husband and she is 27 years old her visitors passport has expired.

Can she file anything at all through immigration without my signature. Her mother wants to use her address instead of our physical address

where we live. which I think my hurt wifes chances since we are married. I dont know if her mother can petition a married daughter or sponsor a married daughter. Then they told me that she is getting a Green Card?????

another one of my questions is How can she get a Green Card if she is married and uses her mothers address

and I have no idea if they have filed any forms what so ever yet??

I am just confused and I need help fast before they go and screw up her chances and I lose my wife and she on her way back to Canada.

Her mother is a control freak and uses my wife by telling her that she wont ever talk to her or blah blah if you dont do what i say...

I called immigration and this is what they told me.

First I file I-130 and I-485 at the same time

Then the Medical I-693 and then the following forms

I-864, I-765, I-131

they never mentioned Green Card to me

My wife has an ITIN number I used on our taxes thats about it.

ALL HELP IS NEEDED ASAP I AM ONLINE ALL THE TIME ALL HOURS OF THE DAY AND NIGHT!

I would like help on what she shouldnt do and we I can do and if my non immigrant can file without me

[canadian_wife 1,827]

http://www.visajourney.com/content/i130guide2

Follow the guides, if you are married shouldn't you have the same address regardless of what your MIL says?

Good luck

[mcdode 0]

Yes we should have the same address. But since I havent been at home where we leave she has been staying at her

mothers house 12 miles away. Her mother was a Canadian who married a US Citizen also. My problem is her mother

is controlling and does not give me any information nor will she. So since she is like this she will most likely

use her mothers address which I think will mess everything up... Is this true?

[mcdode 0]

Also can her mother be a sponsor or have anything to do on her Forms? and

what my wife told me was that she is getting a Green Card! I clicked on the

link you sent me and it started out with I-130 Form that has to be filled out

by me. If we are married doesnt the Husband have to sign or file anything?

Can she do this without me? Plus wouldnt it hurt her chances if she used a

different address and not ours? I think it would hurt her chances if i wasnt

the one doing the forms and signing them because its going to look like she

got married just to come to the USA

[canadian_wife 1,827]

You, the USC, files the petition. You need to do it, and sign it as well as a lot of the other forms

YOU need to be involved - take control

Good luck

[mcdode 0]

You, the USC, files the petition. You need to do it, and sign it as well as a lot of the other forms

YOU need to be involved - take control

Good luck

So her mother and her should not even attempt anything correct?

what will happen if they do. Because they are telling me they

talked to an attorney. Also if worst came to worse and lets say

we are separated but not divorce or if we got divorced before

2 years does any of those hurt her chances

[mcdode 0]

So her mother and her should not even attempt anything correct?

what will happen if they do. Because they are telling me they

talked to an attorney. Also if worst came to worse and lets say

we are separated but not divorce or if we got divorced before

2 years does any of those hurt her chances

Also whats the term USC sorry for not understanding

[Jojo92122 1,924]

I am married to a canadian. The trouble I am having is figuring out the fastest and easiest way to have her able to work and become a citizen. We were married in July 2010 and she has lived here since November 2009. First of all I have a meddling mother in law that is Canadian and now a US Citizen and I have been told they were seeing an attorney and my wife is getting a green card???? Well all the research I have been doing seems that if I am her husband and she is 27 years old her visitors passport has expired.

Can she file anything at all through immigration without my signature. Her mother wants to use her address instead of our physical address

where we live. which I think my hurt wifes chances since we are married. I dont know if her mother can petition a married daughter or sponsor a married daughter. Then they told me that she is getting a Green Card?????

another one of my questions is How can she get a Green Card if she is married and uses her mothers address

and I have no idea if they have filed any forms what so ever yet??

I am just confused and I need help fast before they go and screw up her chances and I lose my wife and she on her way back to Canada.

Her mother is a control freak and uses my wife by telling her that she wont ever talk to her or blah blah if you dont do what i say...

I called immigration and this is what they told me.

First I file I-130 and I-485 at the same time

Then the Medical I-693 and then the following forms

I-864, I-765, I-131

they never mentioned Green Card to me

My wife has an ITIN number I used on our taxes thats about it.

ALL HELP IS NEEDED ASAP I AM ONLINE ALL THE TIME ALL HOURS OF THE DAY AND NIGHT!

I would like help on what she shouldnt do and we I can do and if my non immigrant can file without me

If her mom is an LPR, she cannot petition for her married daughter.

If her mom is a US citizen, it will take around 9-11 years before her married daughter will be eligible for a green card. Her mom can petition her without your involvement. You would not be a part of this petition. Nothing would require your signature.

If you are a US citizen, why haven't you filed to adjust your wife's status so she can obtain a green card? Without a green card, your wife cannot legally work and would be dependent on you financially. Perhaps, your mother in law is concern about her daughter's lack of legal status in the US which puts her daughter at risk for arrest and deportation.

[mcdode 0]

nevermind on the USC I had a mind blank

I just need the answers to the other questions I asked

so I can tell the situation at hand what could actually happen

If I am the one that doesnt sign and file

[mcdode 0]

We couldnt file because my business went bankrupt about to lose my house and the fees were expensive

so I started a partnership with her and an ITIN number. Now the business is up and money is coming in

I am ready to start filing. They told me what I need to file. But like I said its a controlling mother of

my wifes. Its sad its like that but the lady is mental. She always threatens my wife that she will never talk

to her etc if she doesnt do what she wants! If she had her way I wouldnt be in the picture and she would

have my wife divorce me.

what about the ??? on seperation or divorce under 2 years?

[Jojo92122 1,924]

We couldnt file because my business went bankrupt about to lose my house and the fees were expensive

so I started a partnership with her and an ITIN number. Now the business is up and money is coming in

I am ready to start filing. They told me what I need to file. But like I said its a controlling mother of

my wifes. Its sad its like that but the lady is mental. She always threatens my wife that she will never talk

to her etc if she doesnt do what she wants! If she had her way I wouldnt be in the picture and she would

have my wife divorce me.

what about the ??? on seperation or divorce under 2 years?

It doesn't matter for anything. Nothing changes for your wife, she would still be an overstay and at risk since she does not have legal permission to live and work in the US.

The 2 years rule only applies if your wife had a conditional green card. She doesn't, so this doesn't matter.

You may want to consult with an immigration lawyer. Your wife has been working illegally in the US in her partnership. Has she been paying her payroll taxes???

[aleful 1,905]

nevermind on the USC I had a mind blank

I just need the answers to the other questions I asked

so I can tell the situation at hand what could actually happen

If I am the one that doesnt sign and file

If you are filing for her, then you will fill out the paperwork and sign it, her mother has nothing to do with it. you have to prove that it is a bona fide marriage, that you live together, comingle, and that you have things in both your names, pictures together, same address, lease together if you are renting, a joint bank account, car insurance together.

if you get to the interview, they will ask questions about living together.

a lot of attorneys can say many things, if her mother files for her, she isn't elegible to adjust status in country, unless there is an immigration reform, she would have to go back to Canada, and then file a waiver and her mother do the hardship letter, because she will have triggered the 10 year ban. The wait is over 9 years until her priority date becomes current.

[mcdode 0]

It doesn't matter for anything. Nothing changes for your wife, she would still be an overstay and at risk since she does not have legal permission to live and work in the US.

The 2 years rule only applies if your wife had a conditional green card. She doesn't, so this doesn't matter.

You may want to consult with an immigration lawyer. Your wife has been working illegally in the US in her partnership. Has she been paying her payroll taxes???

There is no payroll I took my sole proprietary and since we got married which is basically the same business

and made a partnership. So the only way she gets money is by the sale of my investment collectibles etc

we have no employees and its an online business.

[mcdode 0]

I dont have personal bank account I only have a business account and she is on that with her own debit card.

[Kathryn41 3,205]

There are several ways family members can come to the US to live. Family members can sponsor other family members, but a mother sponsoring a married adult child is one of the 'lowest priorities'. That means it has a very long waiting time before the application is even reviewed and adjudicated.

The fastest way to come to the US through a spousal visa or sponsorship. That means that the US partner petitions for the foreign partner by filing an I-130 petition. If the foreign partner is already in the US and did not enter the US with the intention of staying, then the foreign partner is then allowed to file the I-485 - the request to change their status from the status they used to enter the US to that of Permanent Resident. At the same time, they file the I-765 which is the request to work with employment authorization (EAD) while waiting for status change approval. The I-485, if approved, will result in a green card. That is what a Permanent Resident receives to prove they are a permanent resident of the US.

Part of the process means that you must prove you are able to support your spouse financially by showing you earn at least 125% of the poverty level for a family of your size (you and our wife). That is the form I-864, also called 'Affidavit of Support". Your spouse needs to have an immigration medical done by an approved Civil Surgeon, which is the I-693.

There is no point in filing for the I-131. This is a travel permit called 'Advance Parole'. It will be given, however, but your wife probably cannot use it. She has been in the US since last November. Canadians are allowed to visit for a maximum of 6 months. That would have expired last April. She has been without legal status in the US since April. In October it will be 6 months in the US without status. If someone has more than 180 days of out of status presence in the US, then when they leave the US, they automatically incur a 3 year ban on re-entry (yes, this applies to Canadians as well). If that out of status time is over 1 year, then that equals an automatic 10 year ban on re-entry. The purpose of the I-131 is to provide permission to return to the US after travelling out of the US - but that permission is overruled by the out-of-status violation.

There are several things you mention that concern me, however, and you will need to address this with USCIS.

First, you mentioned that you got married in July and then mentioned that your wife moved to the US in November. You also mention that your wife is not living with you but is living with her mother. You then mention the possibility of separation and divorce and how this will impact any immigration process.

The questions you need to address are:

1) Did you wife intend to live in the US when she entered last November? What did she tell the border authorities when she crossed?

2) Why are you not living together? What is the state of your relationship with your wife? Is it viable?

3) Has your mother-in-law filed anything yet to sponsor her daughter?

The first question is vital since your wife was married before she entered the US. If she entered as a visitor with the intention of staying in the US, then this is considered visa fraud and is illegal. The fact that she is married to a US citizen when she made her last entry to the US can indicate 'intent' to a USCIS official. If she told the guards she was coming to visit and then applies to adjust status, they are likely to believe she misrepresented herself upon entry as well and this can be a significant problem as 'misrepresentation' - lying in any way, shape or form to USCIS or the border guards - is considered one of the most serious immigration violations and can lead to both deportation and a permanent ban upon re-entry, depending on the degree of misrepresentation.

To receive a green card based upon marriage, you have to prove first that the marriage is a valid one - and a viable one -, which means living together in the same address, co-mingling expenses, property and resources and being able to prove it through documentation (tax transcripts; shared bank accounts; shared credit cards; health plan coverage, insurance coverage; joint ownership/leasing of property - house/apartment/vehicles, etc.). Second, you have to show that the marriage was not entered into solely for the purpose of getting a green card and living in the US. This is where your current situation is looking like it might raise some red flags. Why does your wife not want to apply for her permanent residency through marriage? She appears she is going along with her mother if it has reached the stage you mention. This will definitely raise questions about the validity of your marriage.

If you are separated or divorced then your wife no longer has grounds upon which to receive a green card through a US spouse, as the marriage is not viable.

Thirdly, it can 'muddy the waters' if more than one person files to sponsor another person to the US. USCIS is definitely going to want to know why the US mother is filing for the daughter rather than the daughter's US husband. The mother's sponsorship is one that will take years to happen and there is no way the daughter will be able to remain in the US without accumulating substantial illegal presence. Right now, I believe that your mother-in-law may actually have no grounds upon which to sponsor her daughter from within the US. Only a spouse can sponsor a family member who is 'out of status' in the US. All other sponsorships must be for people who have legal status in the US - and your wife no longer does since her de-facto visitor visa ended last April. That means that your wife will have to leave the US in order to receive a family sponsored visa - that is permission for her to enter the US - and if she obtains that through her mother, then she will have incurred substantial out of status time, incurring an automatic 10 year ban. A spouse can file for a 'hardship waiver' showing why it is a hardship to the US citizen to move to their partner's country rather than living in the US. Such a hardship waiver is almost impossible to obtain when the other country is Canada. I don't believe her mother will be able to file a hardship waiver.

Lawyers will tell people a lot of things they want to hear even though the lawyer knows the reality is not quite as represented. The lawyer wins in every case - he gets paid and the applicant suffers the consequences even if the lawyer is being less than ethical.

So, you asked what is the fastest and easiest way for your wife to get a green card?

If she did not enter the US with the intention of living permanently in the US last November, the fastest and easiest way for her to get a green card is for you to sponsor her by filing the I-130 and the I-485.

If the situation is different in any way from the above, then the fastest and easiest way for your wife to get a green card is for her to leave the US before she has 180 out of status days ( by the 1 year anniversary of the day she entered the US last November ) so she doesn't trigger the 3 year ban. You then sponsor her for a CR-1 visa by filing the I-130 petition in the US and when that is approved, she applies for the CR-1 visa through the US Consulate in Montreal. She is allowed to 'visit' during that time but she cannot live in the US until she gets her green card. With the CR-1 visa, she would get her green card when she next entered the US.

I know this is a lot of information, but your circumstances can become very complicated very quickly. The most important information is your wife's intent when she last entered the US and how many out of status days she has already accumulated. The fastest and most realistic route for her to get a green card may entail her leaving the US. She will definitely have to leave the US if she is to remain eligible for sponsorship through her mother.

Edited September 25, 2011 by Kathryn41