HELP HEL HELP!!! Canadian Citizen married to LPR...what's the best option for me?

[Sheri45 0]

Hello Everyone on VJourney...thanks to everyone an especially the veterans who've shared all this information, for us out there just finding our footing THIS SITE is more than just a little light at the end of a dark, looooong tunnel...

Ok. My story is complicated (isn't everyone's at some point?) I hope I'm posting under the right topic...

I am a Canadian Citizen. I'm now married to LPR and we are both in the US. I came over on a B-2 late in August 2009 and stayed about 4 months - then I returned to Canada in Jan 2010.

Everything was fine so far.

When I returned to Canada I was deciding what to do with my apartment as it was costing too much to go back and forth - I had to make a decision where I would "live" - either with my mom or get a smaller place or get a roommate . I couldn't decide so on a frantic whim I give up my apartment and put all my stuff in storage - the idea was to go back to the US and then figure things out with my boyfriend. On my way back to the US late Jan 2010 at the POE (Buffalo - by bus) the CBP officer did not believe that I WASN'T coming to "live" - I had a pretty heavy suitcase. To make matters worse I had decided to bring all my backed-up mail as reading material on the bus....to make thing further worse...all my letters /tax papers / driver's license / ID were in my current legal name, but my Passport was in my previous name ( I tried to change it but they told me I had too many years left on it so just keep using it)...so the CBP officer thought I was either bringing all these ID's and mail to a sister or friend who was here illegally or something wasn't adding up.

Prior to this I had read somewhere (not on VJ) that if a CBP officer finds out your coming to visit your boyfriend you would be denied so I didn't want to say that, so I said I was visiting "family".

Here's what happens when you lie - I didn't know at the time and I didn't intentionally do it - it was like a "oh, ***it what do I do now" situation - I had been traveling back and forth on B-2 visa with no problems since 1997 - never had a problem no matter how heavy my suitcase was (I'm notorious for over packing)...so I panicked and I didn't fess up. I was detained, the bus left to go on to Manhattan without me. 6 hours later after sitting in the detention area I was finger printed and told I couldn't prove my intent to be in the USA. I was told to wait another 4 hours. The other CBP officer I spoke to I finally fessed up - he said that even if I had fessed up to the first CBP officer the outcome would be the same - luckily because I'm a Canadian Citizen I wouldn't get the 10 year ban, but to return to Canada and wait a while before retrying to enter - but I would need to have proof of ties and all my documents would have to match.

I was hand-cuffed and brought back to the Canadian border in the wee hours of the morning (2 am)

After getting a new Passport that matched all my other ID, along with my previous years taxes, my storage documents - I also still have my mother and other family in Canada so I could prove ties as that was my current address. I returned to the POE through JFK (I flew this time) and the CBP just scanned my passport and told me welcome to the USA - no questions. This was May 2010.

Ok. Sorry this is so long...but I'm so stressed out.

We got married Aug 2011. He is LPR and eligible for naturalization, however his GC has expired. Due to the economy money is now an issue with me not working and him being laid off.

Here are my questions:

1. Should we wait until he gets his GC renewed, apply for N-400 and once that is approved do and AOS?

2. Has anyone ever successfully applied using I-912 (waiver of fees) and got the fees waived? (off topic)

3. Should we submit the I-130 as the N-400 is processing?

4. Should we just wait until he is a USC and then submit 1-485 (AOS), I-765 (EAD), ? what else? - what's the time frame of how long this might take?

5. Should we file a 1-601 for me?

6. Should I try to get a TN-1 visa through NAFTA as I qualify for one - instead of staying out of status until his N-400 comes through?

I believe we need a lawyer for some guidance but I'm not sure how severe my situation is - so if anyone knows of or has had experience with anything similar I welcome your responses. Finances are tight that's the only reason why I would hesitate before sending off all these forms only to get rejected...and again don't want to invest in a lawyer if it can be reasonably "maneuvered" with some guidance. Thanks

[ceadsearc 516]

1) This sounds like your best option. From the sound of it, you were not questioned about your intent at all when you actually entered the US last, so you shouldn't have to worry about material misrepresentation when adjusting status, but hopefully someone more knowledgeable on the matter can confirm this for you.

2) You won't be eligible to get the AOS fees waived - pretty much anyone who requires an affidavit of support is also required to pay the fees; fee waiver is for asylees, etc.

3) Not sure - hopefully someone else will know the answer.

4) You will need to submit the 485, the 765 if you wish to work, and the 130. Don't bother with filing the 131 (AP) even though it's free, you can't use it because of your overstay. How long it takes varies based on how quickly or slowly your local office is moving, but average is 4-6 months processing time for your green card. You can expect your EAD in 2-3 months.

5) You don't need a 601 as long as you do not leave the country.

6) No idea again - hopefully someone else can chime in.

I would consult a lawyer if you can, many offer free consultations. You want to make sure you get a good lawyer, however, as immigration lawyers are a dime a dozen and some will tell you anything to get your money.

[NancyNguyen 1,658]

3. Your husband can submit I-130 anytime he wants. The F2A category will change to Immediate Relative of USC as soon as he takes the oath, he has to notify USCIS by submitting his naturalization certificate though.

4. Because he is LPR right now, and F2A category is with priority date 02/15/2009, that means they are processing petition for application before or on 02/15/2009. Assuming your husband applies for you right now November 2011, you have to wait at least another 3 YEARS to get your visa number. The mandatory requirement for F2A is the beneficiary has to maintain his/ her status until the visa number is available, so it is really difficult for you to maintain status with your tourist visa. So there is no point for you to apply I-485, I-765... now.

If you are pretty sure your husband can nail the naturalization test real soon, you don't have to worry must about the overstay issue (it is forgiven with USC spouse.) And the time to submit I-130 (now or then) is not really different... Good luck.

[milimelo 4,564]

Moving this topic to Bringing family members of LPRs as OP's spouse is not a USC yet.

[Sheri45 0]

Moving this topic to Bringing family members of LPRs as OP's spouse is not a USC yet.

sorry, still trying to find my way around Thanks

[Sheri45 0]

3. Your husband can submit I-130 anytime he wants. The F2A category will change to Immediate Relative of USC as soon as he takes the oath, he has to notify USCIS by submitting his naturalization certificate though.

4. Because he is LPR right now, and F2A category is with priority date 02/15/2009, that means they are processing petition for application before or on 02/15/2009. Assuming your husband applies for you right now November 2011, you have to wait at least another 3 YEARS to get your visa number. The mandatory requirement for F2A is the beneficiary has to maintain his/ her status until the visa number is available, so it is really difficult for you to maintain status with your tourist visa. So there is no point for you to apply I-485, I-765... now.

If you are pretty sure your husband can nail the naturalization test real soon, you don't have to worry must about the overstay issue (it is forgiven with USC spouse.) And the time to submit I-130 (now or then) is not really different... Good luck.

@ #4...3 years! wow...just wow. thank you so much for your reply - now I will look up the F2A category info as I don't know yet what this means - Thanks again

[milimelo 4,564]

If I may add: get the husband to apply for naturalization NOW - the fact that his green card has expired doesn't mean his status as LPR has expired. He DOES NOT need to get a new green card in order to apply for naturalization. As long as he has his green card and can send in a photocopy of it (front and back) - he'll be fine.

[Sheri45 0]

1) This sounds like your best option. From the sound of it, you were not questioned about your intent at all when you actually entered the US last, so you shouldn't have to worry about material misrepresentation when adjusting status, but hopefully someone more knowledgeable on the matter can confirm this for you.

2) You won't be eligible to get the AOS fees waived - pretty much anyone who requires an affidavit of support is also required to pay the fees; fee waiver is for asylees, etc.

3) Not sure - hopefully someone else will know the answer.

4) You will need to submit the 485, the 765 if you wish to work, and the 130. Don't bother with filing the 131 (AP) even though it's free, you can't use it because of your overstay. How long it takes varies based on how quickly or slowly your local office is moving, but average is 4-6 months processing time for your green card. You can expect your EAD in 2-3 months.

5) You don't need a 601 as long as you do not leave the country.

6) No idea again - hopefully someone else can chime in.

I would consult a lawyer if you can, many offer free consultations. You want to make sure you get a good lawyer, however, as immigration lawyers are a dime a dozen and some will tell you anything to get your money.

Thanks for the clear great responses - whew, this is a process...i forgot that some lawyers offer free consults.

[NancyNguyen 1,658]

(F2A) Spouses and Children of Permanent Residents - You can google Visa Bulletin to see what's going on.