Sent out Paper Work TODAY anyone else??

[iGalin 7]

  On 11/3/2011 at 9:10 PM, absolut1 said:

how do you get an email notification if you dont have an application receipt # from USCIS?

You should attach G-1145 form to each application: I-130/I-485/I-765/I-131, to receive updates by email and sms.

[Nic&Joey 0]

Hey Guys!

My husband and I are getting ready to mail our I-130 and I-485 and I just read that it took some of you a month to get everything together.... what all did you send? We hired a lawyer and so far isn't doing anything for us. I have just a few days to get this stuff sent off since my I-94 expires right away (like within the week). I am getting extremely frustrated and debating on going back to Canada tomorrow despite what our lawyer says. I am super scared to overstay, and what happens if my AOS is not approved? I thought having a lawyer with us would help put my mind at ease but its not... at all!

[ceadsearc 516]

How did you come here? Tourist visa, student visa? Presumably without intent to immigrate or you wouldn't be adjusting status.

Overstay is forgiven for spouses of USCs so even if you do end up with a bit of overstay it shouldn't cause an issue in the long run. But you will be out of status which obviously isn't ideal. You can also return to Canada before that occurs and file for a CR-1 instead. Once you leave you would no longer be eligible for AOS since you would obviously have intent upon re-entering but you could still continue to visit while your CR-1 visa was processing.

Also, if your lawyer isn't doing anything for you, fire them. Is there a reason you feel you need a lawyer (complicated case, etc.)?

[Nic&Joey 0]

Well my husband and I feel as if we do have a complicated case. After my husband and I got married I came to the US to visit with customs knowing I was going to be here for a few months, they did not give me any documentation, just let me in. His father passed away so we had to stay a little longer. When I came for my visit last week I didn't have intentions of staying because my husband and I were talking about immigrating to Canada, yet my mother had apparently called US customs stating that I was immigrating illegally and I had overstayed my welcome last visit. Customs didnt want to let me into the country, but because they had called my employer and they stated the date I would be back at work, they let me in on a limited stay with NO AOS COS EOS (at the time I didn't care because I wasn't intending on staying)

Now within the last week my husband and I have talked a lot about staying here since he has the better job opportunity and his mother is extremely ill. The lawyer told us that it would be best if I stay and just file for AOS and send the I-130... the problem that I see is that my passport was written with NO AOS... so I see that as I am not allowed to adjust my status, she sees it as I have not applied for AOS. I also dont want to be accused of fraud, I didn't intend to immigrate but now we have decided to go through with it. The lawyer says stay in the states and file for all this and we will be fine. I'm stressed!

[ceadsearc 516]

  On 11/7/2011 at 6:42 PM, Nic&Joey said:

Well my husband and I feel as if we do have a complicated case. After my husband and I got married I came to the US to visit with customs knowing I was going to be here for a few months, they did not give me any documentation, just let me in. His father passed away so we had to stay a little longer. When I came for my visit last week I didn't have intentions of staying because my husband and I were talking about immigrating to Canada, yet my mother had apparently called US customs stating that I was immigrating illegally and I had overstayed my welcome last visit. Customs didnt want to let me into the country, but because they had called my employer and they stated the date I would be back at work, they let me in on a limited stay with NO AOS COS EOS (at the time I didn't care because I wasn't intending on staying)

Now within the last week my husband and I have talked a lot about staying here since he has the better job opportunity and his mother is extremely ill. The lawyer told us that it would be best if I stay and just file for AOS and send the I-130... the problem that I see is that my passport was written with NO AOS... so I see that as I am not allowed to adjust my status, she sees it as I have not applied for AOS. I also dont want to be accused of fraud, I didn't intend to immigrate but now we have decided to go through with it. The lawyer says stay in the states and file for all this and we will be fine. I'm stressed!

I would consult with another attorney first, but in your situation I would probably not adjust as they clearly thought you had intent and made a note of it. You don't want to set yourself up for material misrepresentation. If you do go the CR-1 route, you can continue to come visit as long as you prove strong ties to your country. The fact that you have a pending CR-1 and did not file AOS might actually work in your favor in returning as a tourist.

[gna781 1]

  On 11/6/2011 at 12:03 AM, zaira said:

I sent mine out Oct 29! I got the email and text message confirmations, and the checks have been cashed. I checked the status online and we're in the "initial review" stage. Good luck!

Same here. I got the paper reciepts I-797C in the mail. for I 130 filed by my husband, for I-485 and I 765

[gna781 1]

  On 11/7/2011 at 6:42 PM, Nic&Joey said:

Well my husband and I feel as if we do have a complicated case. After my husband and I got married I came to the US to visit with customs knowing I was going to be here for a few months, they did not give me any documentation, just let me in. His father passed away so we had to stay a little longer. When I came for my visit last week I didn't have intentions of staying because my husband and I were talking about immigrating to Canada, yet my mother had apparently called US customs stating that I was immigrating illegally and I had overstayed my welcome last visit. Customs didnt want to let me into the country, but because they had called my employer and they stated the date I would be back at work, they let me in on a limited stay with NO AOS COS EOS (at the time I didn't care because I wasn't intending on staying)

Now within the last week my husband and I have talked a lot about staying here since he has the better job opportunity and his mother is extremely ill. The lawyer told us that it would be best if I stay and just file for AOS and send the I-130... the problem that I see is that my passport was written with NO AOS... so I see that as I am not allowed to adjust my status, she sees it as I have not applied for AOS. I also dont want to be accused of fraud, I didn't intend to immigrate but now we have decided to go through with it. The lawyer says stay in the states and file for all this and we will be fine. I'm stressed!

Something similar happen with my case. When I enetered I entered on a visitors visa my mom then applied for I130 for me. I didnt enter intending to marry yetalone fall in love with anyone. But it happen. I think you should go ahead and file because at the end of the day YOU DIDNT enter intending to stay. Be honest when they ask you in your interview. Dont stress out too much that you are going to ovesrtay and your I-94 is going to expire. Sme thing happen with me. My I-94 is expired by one whole year now and my visitor visa will expire soon as well. Things happen that we dont think will. Honestly I NEVER IN A MILLION YEARS thought I would even marry as young as I did but you cant help things from happening. My dad died as well this year and since I was overstayed I couldnt even go to his funeral without leaving my husband and triggering a three or ten year ban. I repeat myself, your situation is different and unique just like most of the peoples on here are but as long as you keep being honest especially with USCIS officers you will be ok. That is my opinion ofcourse. If you feel confortable taking abother routte DO SO. Another thing is that your husband probably needs you right now more then ever becuse of the death of his father I know this Im still going through it and i fI didnt have my husband I dont know what Id be doing right now or how I would even be.

[ceadsearc 516]

  On 11/7/2011 at 7:38 PM, gna781 said:

Something similar happen with my case. When I enetered I entered on a visitors visa my mom then applied for I130 for me. I didnt enter intending to marry yetalone fall in love with anyone. But it happen. I think you should go ahead and file because at the end of the day YOU DIDNT enter intending to stay. Be honest when they ask you in your interview. Dont stress out too much that you are going to ovesrtay and your I-94 is going to expire. Sme thing happen with me. My I-94 is expired by one whole year now and my visitor visa will expire soon as well. Things happen that we dont think will. Honestly I NEVER IN A MILLION YEARS thought I would even marry as young as I did but you cant help things from happening. My dad died as well this year and since I was overstayed I couldnt even go to his funeral without leaving my husband and triggering a three or ten year ban. I repeat myself, your situation is different and unique just like most of the peoples on here are but as long as you keep being honest especially with USCIS officers you will be ok. That is my opinion ofcourse. If you feel confortable taking abother routte DO SO. Another thing is that your husband probably needs you right now more then ever becuse of the death of his father I know this Im still going through it and i fI didnt have my husband I dont know what Id be doing right now or how I would even be.

OP's situation is a bit different, though. Plenty of people come and do not intend to stay, and adjust status without problem. The issue in the OP's case is that she was flagged, USCIS and CBP have it in their system, and she was specifically told NOT to file for AOS. For her to change her mind and do so a week later is not only a huge red flag but is setting herself up for material misrespresentation, as she presumably told CBP she would NOT be staying or they would not have let her in. She is going to be very, very hard-pressed to convince the IO when she gets her interview that something changed so drastically in a week's time that she just had to stay. Add that to the fact that someone in her family reported her to USCIS as intending to stay and she has a far more complicated case than your average overstayed AOS.

[gna781 1]

  On 11/7/2011 at 7:44 PM, ceadsearc said:

OP's situation is a bit different, though. Plenty of people come and do not intend to stay, and adjust status without problem. The issue in the OP's case is that she was flagged, USCIS and CBP have it in their system, and she was specifically told NOT to file for AOS. For her to change her mind and do so a week later is not only a huge red flag but is setting herself up for material misrespresentation, as she presumably told CBP she would NOT be staying or they would not have let her in. She is going to be very, very hard-pressed to convince the IO when she gets her interview that something changed so drastically in a week's time that she just had to stay. Add that to the fact that someone in her family reported her to USCIS as intending to stay and she has a far more complicated case than your average overstayed AOS.

This is true. You are also not in a situation where its eaither your way or the highway. You can easily go back and renew your I94 if you want to keep visiting.

What ceadsearc is saying is correct. It would be BEST if you go back that way you dont raise any redflags. Talk to another lawyer. An dsee what they say. There are a lot of lawyers that offer free consultations over the phone. It never hurts. I hope everything goes well for you either way you choose. But just remember that either way you face scrutnization.

[Nic&Joey 0]

Thanks for your opinions guys =) Our lawyer keeps insisting I stay because it will all be fine. I guess I have a super hard time putting my trust in others but maybe I should just do it? Ahh hard decision to make and its making my hubby and I super irritable!!