Jump to content

10 posts in this topic

Recommended Posts

Filed: Other Timeline
Posted (edited)

my canadian husband has been here with me in the states for 168 days as a visitor (no vissa). we are just now filing our paperwork. will he be able to stay here with me for the time the it takes to process?

my canadian husband has been here with me in the states for 168 days as a visitor (no visa). we are just now filing our paperwork. will he be able to stay here with me for the time it takes to process? thank you in advance :)

Edited by joDeezz
Filed: IR-1/CR-1 Visa Country: Ecuador
Timeline
Posted

I honestly can say I don't know, but I am very interested in finding out. I remember reading something about filing a form that would allow you to pay a penalty and your spouse could stay in the USA while the processing is completed. Don't quote me on that... But I will keep looking until I see something. Thanks for asking the question!

Filed: Other Timeline
Posted (edited)

I honestly can say I don't know, but I am very interested in finding out. I remember reading something about filing a form that would allow you to pay a penalty and your spouse could stay in the USA while the processing is completed. Don't quote me on that... But I will keep looking until I see something. Thanks for asking the question!

http://www.visajourney.com/forums/topic/438723-can-spouse-stay-in-usa-indefinitely-while-waiting-for-i-130-and-i-485-approval/

Edited by joDeezz
Posted (edited)

An open petition to adjust status puts the beneficiary in a period of authorized legal stay.

You did marry while he entered on this trip? If you married before, and are petitioning him from his country, then no he can't overstay.

Edited by Caryh

K1 from the Philippines
Arrival : 2011-09-08
Married : 2011-10-15
AOS
Date Card Received : 2012-07-13
EAD
Date Card Received : 2012-02-04

Sent ROC : 4-1-2014
Noa1 : 4-2-2014
Bio Complete : 4-18-2014
Approved : 6-24-2014

N-400 sent 2-13-2016
Bio Complete 3-14-2016
Interview
Oath Taking

  • 2 weeks later...
Filed: Other Timeline
Posted

An open petition to adjust status puts the beneficiary in a period of authorized legal stay.

You did marry while he entered on this trip? If you married before, and are petitioning him from his country, then no he can't overstay.

please help...my husband traveled to canada to get letters of affidavit for bonafide marriage from friends and family. he was there 2 weeks. upon returning to the states the border issued a departure record that states he can only stay home with me, here in the states, for 2 weeks. we plan to file our paperwork for adjustment of status immediately. does that entitle him to stay here with me until it is all approved? and if so...what do we do with the departure record??

Filed: Other Timeline
Posted

please help...my husband traveled to canada to get letters of affidavit for bonafide marriage from friends and family. he was there 2 weeks. upon returning to the states the border issued a departure record that states he can only stay home with me, here in the states, for 2 weeks. we plan to file our paperwork for adjustment of status immediately. does that entitle him to stay here with me until it is all approved? and if so...what do we do with the departure record??

please let me clarify...he entered the united states the end of september 2013. we were married october 13, 2013. we then traveled to Canada to visit his parents on October 24th and returned together October 28th. the paperwork has been extensive and has seemed to consume a lot of our time gathering all of the requested documentation....n so...the last bit of documentation needed was the the bonafide marriage affidavits he just returned with. so our plan is to file for adjustment of status, but now we are completely confused as the border has issued him with only a 2 week stay and has said that before he return again he must provide proof that he lives and works in canada. he doesn't have this proof because he has been here working on paperwork that we are finally ready to file. can anyone help us with this? thanks in adavance.

Filed: Other Timeline
Posted

please help...my husband traveled to canada to get letters of affidavit for bonafide marriage from friends and family. he was there 2 weeks. upon returning to the states the border issued a departure record that states he can only stay home with me, here in the states, for 2 weeks. we plan to file our paperwork for adjustment of status immediately. does that entitle him to stay here with me until it is all approved? and if so...what do we do with the departure record??

please let me clarify...he entered the united states the end of september 2013. we were married october 13, 2013. we then traveled to Canada to visit his parents on October 24th and returned together October 28th. the paperwork has been extensive and has seemed to consume a lot of our time gathering all of the requested documentation....n so...the last bit of documentation needed was the the bonafide marriage affidavits he just returned with. so our plan is to file for adjustment of status, but now we are completely confused as the border has issued him with only a 2 week stay and has said that before he return again he must provide proof that he lives and works in canada. he doesn't have this proof because he has been here working on paperwork that we are finally ready to file. can anyone help us with this? thanks in adavance.

ALSO at the border...the officer assured him that we would have to complete interviews in quebec??? neither of us have read anything about that at the uscis website or this one here on visajourney....any ideas about that as well??

Posted

please let me clarify...he entered the united states the end of september 2013. we were married october 13, 2013. we then traveled to Canada to visit his parents on October 24th and returned together October 28th. the paperwork has been extensive and has seemed to consume a lot of our time gathering all of the requested documentation....n so...the last bit of documentation needed was the the bonafide marriage affidavits he just returned with. so our plan is to file for adjustment of status, but now we are completely confused as the border has issued him with only a 2 week stay and has said that before he return again he must provide proof that he lives and works in canada. he doesn't have this proof because he has been here working on paperwork that we are finally ready to file. can anyone help us with this? thanks in adavance.

When he entered and you married, he could have adjusted status and he would have entered a period of authorized stay. He could not leave the USA during this process. Because he has left the country after the marriage, he is no longer eligible to adjust his status from within the USA. He may be allowed to visit, but it appears they are already clamping down on him. He must now obtain a CR-1 visa to move to and live in the USA.

K1 from the Philippines
Arrival : 2011-09-08
Married : 2011-10-15
AOS
Date Card Received : 2012-07-13
EAD
Date Card Received : 2012-02-04

Sent ROC : 4-1-2014
Noa1 : 4-2-2014
Bio Complete : 4-18-2014
Approved : 6-24-2014

N-400 sent 2-13-2016
Bio Complete 3-14-2016
Interview
Oath Taking

 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
- Back to Top -

Important Disclaimer: Please read carefully the Visajourney.com Terms of Service. If you do not agree to the Terms of Service you should not access or view any page (including this page) on VisaJourney.com. Answers and comments provided on Visajourney.com Forums are general information, and are not intended to substitute for informed professional medical, psychiatric, psychological, tax, legal, investment, accounting, or other professional advice. Visajourney.com does not endorse, and expressly disclaims liability for any product, manufacturer, distributor, service or service provider mentioned or any opinion expressed in answers or comments. VisaJourney.com does not condone immigration fraud in any way, shape or manner. VisaJourney.com recommends that if any member or user knows directly of someone involved in fraudulent or illegal activity, that they report such activity directly to the Department of Homeland Security, Immigration and Customs Enforcement. You can contact ICE via email at Immigration.Reply@dhs.gov or you can telephone ICE at 1-866-347-2423. All reported threads/posts containing reference to immigration fraud or illegal activities will be removed from this board. If you feel that you have found inappropriate content, please let us know by contacting us here with a url link to that content. Thank you.
×
×
  • Create New...