What option is best for me?

[loveamerica99 4]

I disagree with everyone saying to leave and file from Canada, all your things are already here. You crossed the border legally. They had a chance to deny you at the border and they didn't. Adjustment of Status will work. If you really want to wait in Canada for a period of time which you can't possibly know for certain if it will take 1 month or 2-3 years with the system the way it is, I don't know why you would risk something like that. Technically you already broke the law, going back doesn't change that fact you just admitted to coming here with the intent to stay. Going back doesn't change that, I'm not sure why people are advising you to do so. Filing for adjustment of status once you are married isn't going to be breaking any new laws. If you go back and file for k1 or CR1, you won't be let back into the country most likely on your tourist visa. So if you want to not see your significant other for an undetermined amount of time go for it. Most people here hate the wait, even though you technically did something wrong to avoid it you are already here the damage is done why go through the agony of being apart if it is someone you really want to be with. That's just my take.

Interesting perspective... to be considered.

I'm going to be upfront here because I do not intend to lie in any way during my immigration. And I want the best advice possible for my current situation.

Even though I did cross "legally", I still had to give an elaborate story and told the border patrol I was coming back to Canada. I'm actually surprised they let me pass (U-Haul and my cat in tow). Plus we entered the country together, after he had spent time with me in Canada.

Will they consider any of that if I file for AOS? Will it be forgiven if they realize I came here with the intent of not returning? I'm not afraid to tell them upfront either.

I have no way to prove any ties to Canada or that I had planned to go back. I quit my full time job about two weeks before coming down here. They will certainly be able to find that out. And that's something I failed to tell border patrol. I told them I worked from online doing graphic design and made my own hours (which is true, but it's only a hobby and I don't make a whole lot).

My parents, incidentally, are going to be meeting with their immigration lawyer today. I'm going to have them ask him about what my best option would be. He once mentioned to them that marriage would be the easiest way to do it, but he did not realize the extent of my situation.

[loveamerica99 4]

I, at least, told her as well as I could and stay within TOS guidelines that that is technically an option but also technically not "proper" and could spell trouble at AOS time (it did for my friend under almost exactly the same circumstances--it turned out ok but not without a huge amount of money and risk). Plus, she can wait out the first 4 months here, and has things that she needs to take care of in Canada as well (and perhaps needs to not be mid-emigration for the healthcare thing? I'm unclear on that point). K1, to me and why I advised it, is the risk-adverse way to do it and has the added perk of "two birds, one stone" of needing to be in Canada anyway.

In terms of your bolded statement, that is not true. Many people who are midway through this process are able to visit, mostly Canadians and Visa Waiver countries. The "Yes, You Can Visit" thread locked at the top of this forum is proof of that, as is the Canada specific forum. Plus it's not an undermined amount of time. It would be the total length of her application minus the 4 months remaining on her visitor's visa. Most new petitions are getting through CSC (where all new petitions are sent) in 1 to 2 months. Counselor processing takes 3. Even if she gets unlucky and takes 3 months to get through CSC, she'd be looking at a 2 month separation.

That's good advice.

I really don't want to take any risks or chances. Not when it comes to this. And the thought of having to fork out extra cash to dig myself out of a rut is also troublesome. We're currently saving to get an apartment and certainly don't have money to waste! I can work in Canada and be better off down here when I do return.

[Pennycat 880]

Interesting perspective... to be considered.

I'm going to be upfront here because I do not intend to lie in any way during my immigration. And I want the best advice possible for my current situation.

Even though I did cross "legally", I still had to give an elaborate story and told the border patrol I was coming back to Canada. I'm actually surprised they let me pass (U-Haul and my cat in tow). Plus we entered the country together, after he had spent time with me in Canada.

Will they consider any of that if I file for AOS? Will it be forgiven if they realize I came here with the intent of not returning? I'm not afraid to tell them upfront either.

I have no way to prove any ties to Canada or that I had planned to go back. I quit my full time job about two weeks before coming down here. They will certainly be able to find that out. And that's something I failed to tell border patrol. I told them I worked from online doing graphic design and made my own hours (which is true, but it's only a hobby and I don't make a whole lot).

My parents, incidentally, are going to be meeting with their immigration lawyer today. I'm going to have them ask him about what my best option would be. He once mentioned to them that marriage would be the easiest way to do it, but he did not realize the extent of my situation.

Just a heads up: this is a bit of a gray area in what's legal and in the VJ terms of service, which to me at least has never been clear. I think the claim that you crossed legally is a bit suspect. If you crossed with immigrant intent, you were abusing the visitor's visa which is not legal. So actually, while you didn't jump the border or anything, technically you didn't cross legally (not a judgement, and happens all the time mostly out of confusion/not realizing). That's my understanding of the situation at least because you were immigrating on a visitor's visa.

My friend had the almost exact problem. The husband (fiance at the time) crossed the border at an airport where he flat out told CPB that he was coming here to marry his fiance. All they told him was that he should have gotten a K1 and hurry up and get your papers in order and then gave him 30 days stay instead of the usual 6 months. Turns out when they were going through AOS this became a problem. How or why I don't know she never told me. So even though they let him in (mistake on CBP's part), this did turn into a headache for them. Maybe they're just unlucky, maybe she told me the story wrong. But again, technically if you didn't cross with the right status this *could* be a problem at AOS.

At this point it is probably best to at least ask the lawyer and get input from there. Things are pretty strict here about what you can and can't say in regards to this exact issue, and I've never been clear on the line. The lawyer may be a bit freer and have a better understanding of the real risks (if any) involved. My advice was from a place of "here's how to do it on the 100% up and up, and bonus, you said you need to get some stuff done in Canada anyway".

[madtownguy 164]

Interesting perspective... to be considered.

I'm going to be upfront here because I do not intend to lie in any way during my immigration. And I want the best advice possible for my current situation.

Even though I did cross "legally", I still had to give an elaborate story and told the border patrol I was coming back to Canada. I'm actually surprised they let me pass (U-Haul and my cat in tow). Plus we entered the country together, after he had spent time with me in Canada.

Will they consider any of that if I file for AOS? Will it be forgiven if they realize I came here with the intent of not returning? I'm not afraid to tell them upfront either.

I have no way to prove any ties to Canada or that I had planned to go back. I quit my full time job about two weeks before coming down here. They will certainly be able to find that out. And that's something I failed to tell border patrol. I told them I worked from online doing graphic design and made my own hours (which is true, but it's only a hobby and I don't make a whole lot).

My parents, incidentally, are going to be meeting with their immigration lawyer today. I'm going to have them ask him about what my best option would be. He once mentioned to them that marriage would be the easiest way to do it, but he did not realize the extent of my situation.

I would do what your lawyer or parents lawyer recommends. I highly doubt they will recommend you go back to Canada but I could be wrong. Nobody will be able to guarantee you that you can come back and forth as you please during the process. I can't guarantee you will have no problems with AOS, but I would give you 10 to 1 odds in a wager that it will go through fine. And I'm being very greedy with those odds. Someone mentioned you should still be able to go back and forth on tourist visa, I'm not sure if you said you over stayed or not but I'm assuming you have. Which that almost guaranteed no coming back until k1 or cr1 is done. You did cross the border illegally, not in that you didn't have a visa but in the elaborate story it made it an illegal crossing not to be confused with someone coming with out any kind of visa that is obviously worse. I think you'll be just fine, but if you get an a-hole review the case having a bad day they might try to punish you with a time out in Canada. I doubt it, everyone I have met in Tijuana in this sort of time out were convicted felons or crossed the border illegally no passport style. I'd be interested to hear what you lawyer recommends. Good luck! I recommend being bluntly honest in the future at the border, customs have let me get away with things that were illegal but because I informed them about it and didn't hide it they just shook their head and let me go. Luckily Cuban cigars were half of those times and now they won't be a problem anymore.

[loveamerica99 4]

Thanks guys.

I do want to note that I have not overstayed. It's only been two months, if that, and I have 4 more to go!

They did confiscate my marijuana pipe at the border and interrogated the ####### out of both of us over it. It was cleaned and hadn't been used in a long time, but happened to be stored (forgotten) somewhere in my car and they found it.

They brought the drug dogs in and obviously I had no drugs on me or I wouldn't be here to write this. I'm not that stupid! And the whole time I was worried they'd give me a hard time over bringing my cat.

Yes I will see what the lawyer says. You know I'll probably just go along with my parents so I can explain to him entirely my situation. Hopefully he doesn't charge extra for that.

I'll let you know how it goes. I know my bf/ "fiancée" would be thrilled if I didn't have to go back to Canada. He seemed more upset by it than I was.

[Pennycat 880]

I would do what your lawyer or parents lawyer recommends. I highly doubt they will recommend you go back to Canada but I could be wrong. Nobody will be able to guarantee you that you can come back and forth as you please during the process. I can't guarantee you will have no problems with AOS, but I would give you 10 to 1 odds in a wager that it will go through fine. And I'm being very greedy with those odds. Someone mentioned you should still be able to go back and forth on tourist visa, I'm not sure if you said you over stayed or not but I'm assuming you have. Which that almost guaranteed no coming back until k1 or cr1 is done. You did cross the border illegally, not in that you didn't have a visa but in the elaborate story it made it an illegal crossing not to be confused with someone coming with out any kind of visa that is obviously worse. I think you'll be just fine, but if you get an a-hole review the case having a bad day they might try to punish you with a time out in Canada. I doubt it, everyone I have met in Tijuana in this sort of time out were convicted felons or crossed the border illegally no passport style. I'd be interested to hear what you lawyer recommends. Good luck! I recommend being bluntly honest in the future at the border, customs have let me get away with things that were illegal but because I informed them about it and didn't hide it they just shook their head and let me go. Luckily Cuban cigars were half of those times and now they won't be a problem anymore.

No one here is suggesting that either. The K1 can be waited for in the US because of the long time Canadians have on visitor's visas.

And why would you assume that she overstayed if she said, in her very first post "Currently I am visiting and have been here for almost two months" and it's been pointed out repeatedly that she's got another 4 months left on her current visa? *Clearly* if she overstayed, that would be a completely different story, and as risk-averse as I am about the iffy border crossing, I'd have a different opinion about the best course of action to take then.

If you read her posts more clearly, the story is that her parents have immigrated to the US, she visits with enough frequency/length of time that she's met a man and plans to marry him. She has moved all of her things here. She has essentially immigrated on a visitor's visa. She is still in status for another 4 months. Yes, she can marry, stay and adjust. That may raise questions during AOS and could be a hassle. Could also be just fine. She needs her tonsils removed, and that would be free for her in Canada (and maybe is planning on going back there to have it done anyway)? So the idea is...if she needs to go back to Canada anyway, and if it's looking like the time in Canada would only be a couple of months, and it is more than likely that she'd be able to visit anyway....why run the risk of AOS hassle? That would be no fun, and expensive.

You don't have to agree with this perspective, but just be clear on the facts of what you're talking about.

[Pennycat 880]

Follow up: Here's the adjusting from a tourist visa guide on VJ. Note the warning at the top. While this may be over-the-top and overly cautious, the OP deserves to know that this is the "official line" on VJ at least, and it derives from USCIS stated policies. Actual practice may differ, and that's a choice that everyone makes for themselves. But OP deserves to get clear facts.

http://www.visajourney.com/content/i130guide2

[madtownguy 164]

No one here is suggesting that either. The K1 can be waited for in the US because of the long time Canadians have on visitor's visas.

And why would you assume that she overstayed if she said, in her very first post "Currently I am visiting and have been here for almost two months" and it's been pointed out repeatedly that she's got another 4 months left on her current visa? *Clearly* if she overstayed, that would be a completely different story, and as risk-averse as I am about the iffy border crossing, I'd have a different opinion about the best course of action to take then.

If you read her posts more clearly, the story is that her parents have immigrated to the US, she visits with enough frequency/length of time that she's met a man and plans to marry him. She has moved all of her things here. She has essentially immigrated on a visitor's visa. She is still in status for another 4 months. Yes, she can marry, stay and adjust. That may raise questions during AOS and could be a hassle. Could also be just fine. She needs her tonsils removed, and that would be free for her in Canada (and maybe is planning on going back there to have it done anyway)? So the idea is...if she needs to go back to Canada anyway, and if it's looking like the time in Canada would only be a couple of months, and it is more than likely that she'd be able to visit anyway....why run the risk of AOS hassle? That would be no fun, and expensive.

You don't have to agree with this perspective, but just be clear on the facts of what you're talking about.

I would assume that because when I travel somewhere I don't get 2 months and that is with no visa at all, can't say for Canada that's too cold for me to ever desire visiting. I'm a U.S. citizen so I have no reason to know how long others can stay here on a tourist visa. What you are suggesting is more hassle not less, and more expense. Filing double the paperwork and paying almost double makes no sense what so ever. If you can guarantee her there won't be any problems and she won't get stuck in Canada, you should be running an immigration service. The safest thing is to get a green card, Her lawyer may advise otherwise, but why risk getting caught in a bureaucratic mess. It would only take a computer glitch, or terrorist attack, or another list of things that has happened before and will happen again someday. If it were my fiance or wife I wouldn't let it happen, I don't care what the circumstances are I would get the residency before she went out of the country. We used advanced parole and even that was a pain, we didn't push our luck twice. I'm only advising what I would do, it would be cheaper and less paperwork. You're assuming a problem because you think they will know she intended to migrate, I'm assuming there will be a problem if she goes back and the system deletes her file. Odds are probably about the same of either happening. Probably better to save the time and money and adjust.

[Pennycat 880]

I would assume that because when I travel somewhere I don't get 2 months and that is with no visa at all, can't say for Canada that's too cold for me to ever desire visiting. I'm a U.S. citizen so I have no reason to know how long others can stay here on a tourist visa. What you are suggesting is more hassle not less, and more expense. Filing double the paperwork and paying almost double makes no sense what so ever. If you can guarantee her there won't be any problems and she won't get stuck in Canada, you should be running an immigration service. The safest thing is to get a green card, Her lawyer may advise otherwise, but why risk getting caught in a bureaucratic mess. It would only take a computer glitch, or terrorist attack, or another list of things that has happened before and will happen again someday. If it were my fiance or wife I wouldn't let it happen, I don't care what the circumstances are I would get the residency before she went out of the country. We used advanced parole and even that was a pain, we didn't push our luck twice. I'm only advising what I would do, it would be cheaper and less paperwork. You're assuming a problem because you think they will know she intended to migrate, I'm assuming there will be a problem if she goes back and the system deletes her file. Odds are probably about the same of either happening. Probably better to save the time and money and adjust.

And if you can guarantee her that there won't be any problems adjusting status, you should be running one, too. See how different opinions work?! Going the K-1 route she'd be in no more a bureaucratic mess than any of the rest of us are. And going for AOS having entered the way she did is also leaving her open to a bureaucratic mess, too. Just a different brand of it, with more serious and expensive consequences. This is where we differ on opinion and risk tolerance and type of risk tolerance. That's fine, and that's part of what this site is for.

What is NOT fine is you ignoring or completely making up your own facts, which is what you've been doing since your first post, between calling it a legal crossing (it wasn't, not with immigrant intent--which you know because then you said "technically you broke the law"), not knowing that she's nowhere near overstayed, not understanding or ignoring the fact that she'll wait the majority of her visa processing time in the US, telling her that it could take 3 years (are you serious?!), that she most likely won't be able to visit (again, seriously?!) etc etc.

OP: I'm not saying don't take this differing opinion under consideration (and seriously, have a talk with that lawyer-- this is not an unusual situation at all and they should be able to give you a more accurate picture of the actual risks associated with this course of action). I'd also caution against taking advise blindly from anyone on the internet (that includes me, and VJ in general) but especially from someone who doesn't bother to get basic facts in order before advising you to do something that has a giant, red "WARNING" sign above it on a reputable (if overly-cautious) website.

Whatever you do, do what's best for you, what makes the most sense for your situation (I'm thinking about the tonsils) and what makes you the most comfortable. You're in a really, really good and as I said before, pretty enviable position. Lots of choices here, and even the "hardest" course of action for you is a cakewalk compared to most US immigration journeys. Good luck.

Edited July 24, 2015 by CatherineA

[madtownguy 164]

And if you can guarantee her that there won't be any problems adjusting status, you should be running one, too. See how different opinions work?! Going the K-1 route she'd be in no more a bureaucratic mess than any of the rest of us are. And going for AOS having entered the way she did is also leaving her open to a bureaucratic mess, too. Just a different brand of it, with more serious and expensive consequences. This is where we differ on opinion and risk tolerance and type of risk tolerance. That's fine, and that's part of what this site is for.

What is NOT fine is you ignoring or completely making up your own facts, which is what you've been doing since your first post, between calling it a legal crossing (it wasn't, not with immigrant intent--which you know because then you said "technically you broke the law"), not knowing that she's nowhere near overstayed, not understanding or ignoring the fact that she'll wait the majority of her visa processing time in the US, telling her that it could take 3 years (are you serious?!), that she most likely won't be able to visit (again, seriously?!) etc etc.

OP: I'm not saying don't take this differing opinion under consideration (and seriously, have a talk with that lawyer-- this is not an unusual situation at all and they should be able to give you a more accurate picture of the actual risks associated with this course of action). I'd also caution against taking advise blindly from anyone on the internet (that includes me, and VJ in general) but especially from someone who doesn't bother to get basic facts in order before advising you to do something that has a giant, red "WARNING" sign above it on a reputable (if overly-cautious) website.

Whatever you do, do what's best for you, what makes the most sense for your situation (I'm thinking about the tonsils) and what makes you the most comfortable. You're in a really, really good and as I said before, pretty enviable position. Lots of choices here, and even the "hardest" course of action for you is a cakewalk compared to most US immigration journeys. Good luck.

You can call it crossing illegally, I call it immigration fraud. Can't say for sure what the courts call it, but it is not what a normal illegal crossing is considered as. There are people all the time getting denied entering on tourist visa while k1 is going on, I don't know how that isn't accurate. You can't possibly say how long the wait will be, with the yahoo in office he could declare some crazy no immigration law until everyone here is legal. He has certainly proven he doesn't believe in the constitution or going above the law to get things he wants done. And there's plenty of threads I've seen with years of wait time because of mistakes usually on the government side of things. In the end my way limits the chance of separation to very very little, your way guarantees separation. Being Canadian she may have no problems going back and forth during the process, but it only takes one agent to change that. I'm not telling her not to do it the k1 way, but that is definitely the more expensive, more time consuming way. Definitely not the route I would take. I have been a petitioner for someone adjusting status after crossing illegally(mexican side though), it went through slowly(1 year) but there wasn't some huge trial or anything. I actually think it was her sons petition that slowed it down, not really hers. This was someone who worked illegally, with a fake social security number and was here for years before filing. So unless you yourself have first hand experience, I'm going to have to say I probably have a better idea of how this will play out. Could have been a fluke though, I did absolutely nothing lawyers handled it all. But I can tell you there were less than 4 questions asked at the interview. To me other than the interview it was exactly the same as adjusting status from k1 in my second marriage. I would listen to the lawyer, and maybe check with more than one. I've had lawyers tell me not to take things to trial there's no chance I will win, but won cases. Some want the easy route.

[loveamerica99 4]

Both of you offer valid advice and I sincerely appreciate it.

I spoke with the lawyer, and things are slightly more complicated than anticipated.

I can file either the I-130 (assuming we get married) or the I-129f and the consequences will be the same... what the lawyer pointed out is that there is a line you must sign on either of these, it asks if you have ever misrepresented yourself for immigration purposes. Obviously I have, and they can find out quite easily that I lied at the border if they look into it. Subsequently, I have no way of actually proving that I didn't come here with immigration intent -- despite the border guards taking me for my word.

So here is what he suggested: get a waiver from the court in Memphis before I file any paperwork. That's basically a legal document saying that I broke the law but have been forgiven and therefore shall not be punished for it. He can help me get the waiver and has done it for immigrants who have committed far worse fraud than I have. That way I can specify on my immigration papers that yes, I have been dishonest. If I indicate that, and I intend to, they are going to require a waiver anyways. So this way it skips a step for me and I can file my (likely the I-130 with the I-485, along with the waiver) without worrying about them finding me out. I will have already admitted my mistake and it will already have resolved itself.

He also said that the I-130 and the I-129f will take roughly the same time period.

I'm still a little uncertain, as is he, as to what exact option he will recommend. The waivers he's obtained in the past were for illegal immigrants, people who basically jumped the fence with no documents. That said, my situation should be more forgiving. But he couldn't make any guarantees. He said he's never had a case like mine, and he will do some research and get back to me. I'll then pay a $280 consult fee and go see him together with my bf and learn our options at that point.

Overall, I am positive and I think it will work out without me having to go back to Canada. It really just depends on how quickly I can get the waiver... if we do decide to go that route.

Edited July 24, 2015 by nashville86

[Transborderwife 4,666]

He's selling you a bill of goods. There is no waiver needed.

[madtownguy 164]

He's selling you a bill of goods. There is no waiver needed.

I agree, but with it the case is slam dunk. Although not sure how a state could waive a federal issue, but the lawyer should know that. You still call what sounds like your fiance your boyfriend, I don't know how you could possibly know for sure you were going to stay. There are plenty of people that do the same thing you did. Most people don't pack up everything they own and cross the border, I would have really liked to have been there for that story. If you just had a car load, that's not so bad. But if you had like a uhaul or truck load and talked your way through, I wouldn't worry about any interview you will be just fine. Almost once a day someone comes on this forum and asks if they can visit their significant other on a tourist visa and then get married and adjust status once here. Everyone screams no, do you think they all listen? I doubt it. I would have done the same thing with my wife if it were an option. OP I think you'll be just fine. Good luck!

[loveamerica99 4]

He's selling you a bill of goods. There is no waiver needed.

I've considered that, but the thing is that I will have to indicate that I lied on my application. Otherwise i'll be digging myself deeper with another lie, and the thought of being caught just isn't worth it for me. Won't admitting a lie pretty much guarantee it will get rejected? Or that they will require a waiver to proceed any further with it? That's what the lawyer seemed to think. Admittedly, the lawyer wasn't entirely sure what to recommend in my case because he's never had one like it. Even though he's been doing this for decades lol. He needed time to look into it, and my spouse and I both have an apt with him this coming Monday to hear our options. My dad offered to pay for the apt so I'm not concerned about the cost at this point.

The only services I am intending on paying him for is to help me with the waiver, if that's what we decide to do. I'm going to be filing the paperwork/application on my own.

[loveamerica99 4]

I agree, but with it the case is slam dunk. Although not sure how a state could waive a federal issue, but the lawyer should know that. You still call what sounds like your fiance your boyfriend, I don't know how you could possibly know for sure you were going to stay. There are plenty of people that do the same thing you did. Most people don't pack up everything they own and cross the border, I would have really liked to have been there for that story. If you just had a car load, that's not so bad. But if you had like a uhaul or truck load and talked your way through, I wouldn't worry about any interview you will be just fine. Almost once a day someone comes on this forum and asks if they can visit their significant other on a tourist visa and then get married and adjust status once here. Everyone screams no, do you think they all listen? I doubt it. I would have done the same thing with my wife if it were an option. OP I think you'll be just fine. Good luck!

But that's not what I did. I quit my job, packed up my belongings and came down here. If I were coming to "visit" him that would be different. But he was with me when we crossed. And we crossed far from his home state of Washington, into North Dakota.

I have no way of proving any ties to Canada at this point, or even back when I came down. That was a total fluke.

We giggled after they let us through the border, honestly I didn't expect our "story" to work.

Maybe I'm just being paranoid. But to sign a document saying I never lied... or to lie once again and say I didn't lie... that is worrysome to me. I am confident that either way they will let it slide and not force me back to Canada.

I'll let you guys know how the meeting goes on Monday.