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pleh

Screwed up big time

By pleh in K-3 Spouse Visa Process & Procedures

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pleh Newbie

pleh   0

Posted
Filed: Timeline
Posted (edited)

Hey guys, before I begin I would just like to say that I know that I screwed up bad and it's one of my biggest regrets in life..

Anyhow, on to my problem. I was born in Canada and met an American citizen when she came on vacation. We hit it off and hung out while she was there and then kept in touch via the internet and telephone. From there we did short visits etc and they let me cross the border with just my health card and birth cirtificate (dont have a passport or anything). During my last visit we got married (in the usa) and I was going to go back.. Unfortunately I stayed a bit longer than I planned because I just couln't come to terms with leaving my wife here and not being able to see her (I wish I had some foresight). On the day I was going to leave, I ended up turning around at the last minute and decided to stay (like an idiot) two years later im still here illegally and doing small work under the table. I am happy with my wife but very sad that I cant get good work to support my family, especially since where I live there are many illegal immigrants from Mexico (I live in SOCAL) so it makes it really hard for me to find work. I have done alot of reading and lots of places say that for me to file for a work visa, I need to be in Canada and do it at the local consolate. The problem is, ive been here for 2 years and im affraid that once I try to go back the following will happen:

1) be locked up by USA police for being here illegally

2) be banned for 10 years and not being able to see my wife for that time (unless she can visit to canada)

Should I just try to go back and see what happens? Perhaps do the reverse and try to get her legal in Canada? Or do I have other options? Im really confused...

Edited by pleh
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john_and_marlene Mentor

john_and_marlene   162

Posted
Filed: Citizen (apr) Country: Philippines
 Timeline
Posted

Do not leave the U.S. File I-130 and I-485 together for adjustment of status based on marriage to a USC. Your overstay will be forgiven with a successful AOS. If you stop working illegally before submitting the adjustment of status, the working without authorization will be forgiven with the successful AOS as well.

05/16/2005 I-129F Sent

05/28/2005 I-129F NOA1

06/21/2005 I-129F NOA2

07/18/2005 Consulate Received package from NVC

11/09/2005 Medical

11/16/2005 Interview APPROVED

12/05/2005 Visa received

12/07/2005 POE Minneapolis

12/17/2005 Wedding

12/20/2005 Applied for SSN

01/14/2005 SSN received in the mail

02/03/2006 AOS sent (Did not apply for EAD or AP)

02/09/2006 NOA

02/16/2006 Case status Online

05/01/2006 Biometrics Appt.

07/12/2006 AOS Interview APPROVED

07/24/2006 GC arrived

05/02/2007 Driver's License - Passed Road Test!

05/27/2008 Lifting of Conditions sent (TSC > VSC)

06/03/2008 Check Cleared

07/08/2008 INFOPASS (I-551 stamp)

07/08/2008 Driver's License renewed

04/20/2009 Lifting of Conditions approved

04/28/2009 Card received in the mail

kim&james Proficient

kim&james   0

Posted
Filed: AOS (apr) Country: New Zealand
 Timeline
Posted

What happened when you entered the country, Im just trying to find out how you entered and what the border POE did since you did not have apassport. It is possible to adjust your status if you entered legally into the country but Im not sure in your case if you did not have a passport.

fist things first, get a passport ASAP. If you leave the USA the 10 year bar will probably come into play.

best advise, have a consultation with a immigration lawyer... alot is forgiven for marrying a USC but you still have to overcome your overstay.

I 130 & I129F (K3) and AOS info in timeline

TracyTN Veteran

TracyTN   237

Posted
Filed: Citizen (apr) Country: United Kingdom
 Timeline
Posted (edited)

I suppose its possible you could adjust without problems. I would seek a qualified immigration attorney to help me, though, or just go back to Canada with your wife.

Good luck in whatever you decide.

Edited by TracyTN
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pleh Newbie

pleh   0

Posted
Filed: Timeline
  • Author
Posted
What happened when you entered the country, Im just trying to find out how you entered and what the border POE did since you did not have apassport. It is possible to adjust your status if you entered legally into the country but Im not sure in your case if you did not have a passport.

fist things first, get a passport ASAP. If you leave the USA the 10 year bar will probably come into play.

best advise, have a consultation with a immigration lawyer... alot is forgiven for marrying a USC but you still have to overcome your overstay.

Wow, very fast replies. Yes, I do not have a Passport, I came here with just my birth certificate and picture id (health card). All they asked was how long I plan to stay and that was really it. They didnt give me any trouble at all. Is it possible for me to get a passport from within the USA?

girl 37 Community Regular

girl 37   7

Posted
Filed: Lift. Cond. (pnd) Country: Canada
 Timeline
Posted
What happened when you entered the country, Im just trying to find out how you entered and what the border POE did since you did not have apassport. It is possible to adjust your status if you entered legally into the country but Im not sure in your case if you did not have a passport.

Canadians don't currently require a passport to enter the US. (Though that's changing.)

YuAndDan Grand Master

YuAndDan   153

Posted
Filed: Citizen (apr) Country: China
 Timeline
Posted

Get with an immigration attorney, and get some legal advise. If your original intention was just to visit and not marry, but only after visiting for some time decided to marry, you should be OK with that. Questions come up if the marriage happens only days after entering the country, if marriage happened a few weeks after entering the country, then no problems.

Don't return to Canada you will be bared for the overstay.

Be careful about the working without permit, "Question for attorney"

File for AOS here, the overstay should be forgiven, but again talk with an attorney.

http://www.visajourney.com/forums/index.ph...page=i130guide2

OUR TIME LINE Please do a timeline it helps us all, thanks.

Is now a US Citizen immigration completed Jan 12, 2012.

1428954228.1592.1755425389.png

CHIN0001_zps9c01d045.gifCHIN0100_zps02549215.gifTAIW0001_zps9a9075f1.gifVIET0001_zps0a49d4a7.gif

Look here: A Candle for Love and China Family Visa Forums for Chinese/American relationship,

Visa issues, and lots of info about the Guangzhou and Hong Kong consulate.

riblet Proficient

riblet   0

Posted
Filed: IR-1/CR-1 Visa Country: Canada
 Timeline
Posted

It would probably be worth at least a consultation with a lawyer, but if he/she doesn't see any serious complications then the best plan would likely be to Adjust Status without leaving the U.S. It happens alot, and at least it doesn't appear that you intended to come in and stay.

Sandy

Michael's I-130:

NOA1: 5-10-2006----updated w/ citizenship: 9-25-06----had to call back 10/25, touch 10/26

12/06/06 - Approved!- - - 12/08/06 - Touch---01/25/07 - Touch

I130 at NVC

12/14/06 - case number assigned

12/25/06 - DS3032 & AOS Fee Bill Mailed (phone system updated 12/27)

12/27/06 - emailed choice of agent; 12/29/06 - received email from NVC confirming choice of agent!

01/01/07 - NVC generated IV Fee Bill (postmarked 1/17 though!)

01/03/07 - returned AoS Fee Bill via Priority Mail (James' shortcut)

01/15/07 - NVC generated AOS package

01/22/07 - received IV Fee Bill - overnighted back to NVC same day

01/27/07 - recieved I864 package; 01/29/07 - overnighted I864 to NVC

01/29/07 - DS230 generated (phone system not updated, email response 2/5/07)

02/05/07 - mailed DS-230 to NVC via express mail

02/20/07 - CASE COMPLETE!!

04/18/07 - INTERVIEW!!!! - APPROVED!!!!

Michael's K-3:

09/28/06 - NOA1

1/25/07 - approved ...NOA2 via snail mail - 1/29/07

03/16/07 - chose not to return packet 3 to Montreal

pleh Newbie

pleh   0

Posted
Filed: Timeline
  • Author
Posted (edited)

Thanks alot guys! I have another question. Let's say I was walking the street and a police officer pulls over and asks me for information or whatever in a routine check, when I show him that I only have a Canadian ID would I have to goto jail and then be deported after jail time for being illegal? Also, would the amount of time ive been here show up in their computers?

Edited by pleh
Yodrak Veteran

Yodrak   7

Posted
Filed: Timeline
Posted

pleh,

You already know what happens when you "just try" - you screw up bad.

Before you do it again have a consultation with an experienced immigration attorney as several other posters have suggested.

Yodrak

Hey guys, before I begin I would just like to say that I know that I screwed up bad and it's one of my biggest regrets in life..

....

Should I just try to go back and see what happens? .....

riblet Proficient

riblet   0

Posted
Filed: IR-1/CR-1 Visa Country: Canada
 Timeline
Posted

Generally police don't bother with enforcing immigration, they are too busy.

But if I was you I would call an immigration attorney TODAY and if everything looks okay apply for Adjustment of Status immediately.

Sandy

Michael's I-130:

NOA1: 5-10-2006----updated w/ citizenship: 9-25-06----had to call back 10/25, touch 10/26

12/06/06 - Approved!- - - 12/08/06 - Touch---01/25/07 - Touch

I130 at NVC

12/14/06 - case number assigned

12/25/06 - DS3032 & AOS Fee Bill Mailed (phone system updated 12/27)

12/27/06 - emailed choice of agent; 12/29/06 - received email from NVC confirming choice of agent!

01/01/07 - NVC generated IV Fee Bill (postmarked 1/17 though!)

01/03/07 - returned AoS Fee Bill via Priority Mail (James' shortcut)

01/15/07 - NVC generated AOS package

01/22/07 - received IV Fee Bill - overnighted back to NVC same day

01/27/07 - recieved I864 package; 01/29/07 - overnighted I864 to NVC

01/29/07 - DS230 generated (phone system not updated, email response 2/5/07)

02/05/07 - mailed DS-230 to NVC via express mail

02/20/07 - CASE COMPLETE!!

04/18/07 - INTERVIEW!!!! - APPROVED!!!!

Michael's K-3:

09/28/06 - NOA1

1/25/07 - approved ...NOA2 via snail mail - 1/29/07

03/16/07 - chose not to return packet 3 to Montreal

Savanphil Veteran

Savanphil   3

Posted
Filed: Citizen (apr) Country: Jamaica
 Timeline
Posted
Alright guys, thanks alot. I'll call an attorney today and hope for the best!

good luck with everything :thumbs:

12/03/2005: Married

10/13/2006: Interview Approved

10/26/2006: POE: EWR (ARRIVED) [/size]

182 days from filing to Visa in Hand!!![/color]

AOS/EAD

01/22/2007: Sent to The Lockbox.....let the games begin.....again

02/02/2007: NOA1's for both....the waiting game officially begins

02/15/2007: Biometrics appt.

04/11/2007: EAD APPROVED!! YI-HAW

04/21/2007: Received SSN#

05/23/2007: AOS Interview -------> APPROOOOOOVED!!!!!!

05/29/2007: Received Welcome letter

06/04/2007: Green Card in Hand!!!

122 Days from filing AOS to Green Card in Hand!!!

REMOVING CONDITIONS

05/21/2009: Filed to Remove Conditions

6/18/2009: Biometrics Done

09/14/2009: Approved!!!

Citizenship

2/15/2011: Filed N-400

3/28/2011: Biometrics <-- Done

5/09/2011: Naturalization Interview <--- APPROVED!!!!!!!!!!!!!!!!!

5/09/2011: Swearing in Ceremony (We're Done)

MY HUSBAND IS NOW A US CITIZEN

Proudmomwife.gifI_love_my_baby_boy.gif

3051_1113026182751_1139795553_30500807_687968_s.jpgZackie.jpgthumb_3051_1113025702739_1139795553_30500806_7039703_s.jpg

pleh Newbie

pleh   0

Posted
Filed: Timeline
  • Author
Posted

I just looked into the forms for the I-130 and the I-485. Apparently it will come to around 500 dollars and then god only knows how much it will be for the lawyer.. ####### what have I gotten myself into :/

payxibka Grand Master

payxibka   10,047

Posted
Filed: AOS (apr) Country: Philippines
 Timeline
Posted
I just looked into the forms for the I-130 and the I-485. Apparently it will come to around 500 dollars and then god only knows how much it will be for the lawyer.. ####### what have I gotten myself into :/

You could always go back to Canada then you can say to yourself ... "####### what have I gotten myself into". :lol:

YMMV

 
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