Complicated situation, please help!

[JenT 0]

Thanks for all your replies.

Is the information posted on that website wrong, in particular that "Canadian Visitors do NOT need to show proof of entry (visa or visa waiver)"?

http://www.nriol.com/immigration/usa-greencard-marriage.asp

Applying through Adjustment of Status with the USCIS.

I don't think the web site is wrong. The issue at hand is not HOW the individual enters the US but with what INTENT. To enter with the intent to stay is illegal and you run the risk of facing a bar on re-entry if they decide that's what she's doing. The burden of proof would be on you to prove that she had no intentions of staying and it just happened that way, which would be really difficult after she just got done severing all those ties to Canada.

And without proof of ties, being pregnant, etc. there's a high probability that she would be denied entry.

Your best best is going to be to continue to visit her until her divorce is final and you decide to go the K1 or K3 route.

I hear you, maybe we would have to wait, and definitely not sell the house. Would an immigration attorney be able to help at all?

Man, this really sucks, I really can't see her going through this pregnancy alone.

Thanks for your advice, keep it coming.

Alone? No family or friends?

[Flames9_RN 358]

Yes, one can come and marry,then depart. Thats what we did, I came down, we got married and I left and we started the cr-1 process. As a Canadian she can stay up to 6 months.

[TracyTN 237]

An attorney would only help in the sense that they would be filling out the forms for you, and traversing any complications in the case if there were any (criminal records, overstays, etc).

They don't speed up the process at all. In some cases, they've slowed DOWN the process (search out 'Kym' and her posts...

[Dominic 0]

Sorry but what does VWP and AOS mean?

[TracyTN 237]

VWP = visa waiver program

AOS = adjustment of status (to legal permanent resident)

[Tim and Bethanie 1]

An attorney isn't going to add any extra benefits to your situation if that is what your asking. They have no power to change your current conditions. If your situation was complicated, I am sure we would all point you in the direction of an attorney. Since you don't have a complicated situation if you can do the research and paperwork alone I say more power to ya and you will save a bundle in legal fees. It is of course your personal choice whether to attain a Lawyer or not, but many do it without.

[mmb 0]

It certainly is possible to just get married and file for adjustment of staus if you can prove there was no intent to marry.

This won't work as she has a child from a previous relationship. She can't just move to America and marry you without written permission from that child's father to bring the child with her. If you do this and then try to adjust status the existence of that permission will prove that her intent on crossing the border was to stay in America. Without his written consent she can't bring that child to America and adjust the child's status. If she brings the child she could face criminal charges in Canada and is likely to be deported, then her criminal record will jepordise any future visa. Catch 22.

All you can do is wait and file when she is legally free to marry you. In the meantime she can make sure that she can bring her other child.

Her pregnancy has no bearing on the case at all. If that worked to speed things up I think a lot of people here would try it.

Waiting isn't the end of the world. We had to wait 2 years for my contested divorce to be finalised.

When we were finally free to apply my K-1 took 4 1/2 months.

Edited February 1, 2007 by mmb

[Dominic 0]

Unfortunately none she can depend on...

Alone? No family or friends?

[Alex+R 0]

Is there any way you can move up to Canada during her pregnancy?

[Tim and Bethanie 1]

Something else you might need to consider is that until your future bride has an SS# you will likely not be able to get her on any form of medical insurance. The cost of giving birth here in the states is very high! Maybe you can plan to be with her in Canada for the delivery at least then the birth would be covered.

[Dominic 0]

Unfortunately, I can't afford to give up my job and move to Canada, I might be able to take a 1 month sbatical.

Can't she get a SS# on a visit to the US or does she have to have permanent residency status to get a SS#?

[payxibka 10,045]

Can't she get a SS# on a visit to the US or does she have to have permanent residency status to get a SS#?

She needs employment authorization (EA) to get a SSN

[misa 2]

She can't get a SSN as a visitor. She can apply for one AFTER she enters on a K1, K3 or CR-1.

[Flames9_RN 358]

My recommendation is take some time and go over the stickies at the top of the K1, K3 and cr-1 forums and the + and -'s of each!!

We used a lawyer, paid $2500 I belive plus filing fee costs. Know what the lawyer does in straight forward cases? Just gathers the papers and double checks everything!! You still have to fill it in,gather the long form birth cert, criminal background check,etc) Simply put, you do all the real work, they just gather the papers!!! Yes, there are cases when a lawyer could assit, but they can't make the process faster.

VJ is a super resource, so take time and look around and ask away. Mostlikely 99.9% of the time the question has been asked before so use the search feature. Just keep in mind there is great advice on here, and not so grat advice, lol but thats expected from a forum. Best of luck

Edited February 1, 2007 by flames9

[Dominic 0]

Thanks again for all your advice...