Lost and overwhelmed--need some answers!

[ziggyboo 0]

Hello there! I've spent a lot of time looking through the USCIS site as well as listening to other people, and after coming here, I'm beginning to think other people have given me bad advice. And USCIS site is rather confusing, not to mention it isn't specific enough to help. So I'm hoping you guys could help me.

Here's a rundown of my situation: I'm a Canadian citizen and I married my husband, an American citizen, a little over two years ago. Last May, I came back to America with him and unfortunately had a little trouble at the border. =\ Long story short, they customs officer said they really weren't supposed to let me in, since I was planning to immigrate, but they did anyway. Gave me my little card that says I was allowed to stay in the country for a year, and he told me I should file my papers ASAP.

Fastforward to here, and my time is nearly up. There were a few snags that held me up, and now after reading stuff here, I'm starting to think that the fact that they let me into America when they shouldn't have will screw me over. So I'm wondering, should I leave in May and file the immigration papers from home? If I do that, can anyone tell me how long it would be until I could come back and stay with my husband again? He will be unable to stay in Canada with me while we wait due to work.

Also, what would be the best route for us to take--K3 spouse visa or IR-1/CR-1 Spouse Visa? Please help me out--I'm completely overwhelmed by all this and stressed beyond belief! I just want to know what I should do to make this run as smoothly as possible, and I don't want to risk messing it up and having my application rejected!

Thanks in advance, guys!

[MargotDarko 0]

I'm sorry to hear things have gotten so mixed up! I haven't heard of your situation before, but perhaps someone in the Canada folder will have -

http://www.visajourney.com/forums/index.php?showforum=93

I wouldn't leave America unless you're sure it's best step to take and you don't have any other option or unless you haven't sorted anything when your time runs out.

Can you provide a little more information? Did you apply for any type of visa before you arrived? What did they give you at the border that was good for a whole year? What papers did you file after you entered the states? The last question is because you said the officer who gave you the card said you should file your papers asap.

Edited February 23, 2007 by MargotDarko

[riblet 0]

It would probably be a good idea to consult with an attorney, but if he or she clears it, you should be okay to just file for Adjustment of Status. It doesn't sound like you lied at the border, and you have not overstayed the year, so barring any other complications, Adjustment of Status should be okay.

But I definitely wouldn't leave the country before clearing things up, it's well worth a consultation with a lawyer, and if you get the go ahead you can do the paperwork without the lawyer.

Good luck.

[ziggyboo 0]

I just came into the country and at the border, was given an I-94-A paper. I haven't filed or sent anything for immigration. My biggest mistake was probably that. The reason I hadn't filed any yet is a little longwinded, but I'll explain anyway. We live in Meadowview, VA and there are no civil surgeons close to us--the closest is a 5+ hour drive away. My husband's parents are friends with a doctor here, so I talked to her and she agreed to send in what was needed to become certified. Unfortunately, she apparently messed up and didn't send everything at once, and now she hasn't heard anything at all and it's been several months. I waited on her, because she said it wouldn't take long. Big mistake.

So yeah, I haven't filed anything yet and I'll have to leave by May 7th of this year.

ETA: Can anyone give me an estimate on what it would cost to hire an immigration lawyer? Or can a consultation be done for free? Thank you!

Edited February 23, 2007 by ziggyboo

[MargotDarko 0]

It sounds like since you have an I-94, you should be able to just file the I-1485 (Adjustment of Status), which would gain you the IR1 green card since you've been married for more than two years. I'm sorry I don't have experience with looking for a lawyer, but I've read often about people getting free consultations. And I think it would only take a quick consultation in your case to find out whether or not you should file the I-485. If you get the go ahead, you and your husband should be able to sort out the application on your own. I would start putting together the documents for it right now though.

There's a guide here to filing Adjustment of Status for K1/K3 visa holders. You may find it useful but would need to make sure you were sending yours to the right place.

Out of curiosity - when you showed up at the border, you hadn't applied for anything in advance but you received a I-94? Can you explain what happened?

[ziggyboo 0]

Hopefully it will just be that simple! We'll call around and set up an appointment with a lawyer and try to get that sorted out.

Another question--what kind of things should I get together to prove that our marriage is legitimate? I mean, we've been living together for the past two years, but we don't have any shared bank accounts, and we're living with his parents right now, since I can't work. We tried to open a joint bank account, but the bank didn't want to let me on because I wasn't an American citizen. =\ It didn't make much sense to me!

To answer your question, not much out of the ordinary happened at the border. We crossed in a car with his parents, and they asked us what we were coming in for. They asked me if I was planning to immigrate, and I said eventually, yes. At the time I was intending to enter as a visitor, since we hadn't sorted out our plans for that yet. Anyway, the customs officer explained that they weren't supposed to let people into the country that were planning to just come there and immigrate, but he told me that he would let me in this time anyway, and told to file for immigration as soon as possible. He gave me the I-94 then, which says I entered as a vistor, and allows me to stay here for one year.

I hope that makes sense!

[MargotDarko 0]

Hopefully it will just be that simple! We'll call around and set up an appointment with a lawyer and try to get that sorted out.

Another question--what kind of things should I get together to prove that our marriage is legitimate? I mean, we've been living together for the past two years, but we don't have any shared bank accounts, and we're living with his parents right now, since I can't work. We tried to open a joint bank account, but the bank didn't want to let me on because I wasn't an American citizen. =\ It didn't make much sense to me!

To answer your question, not much out of the ordinary happened at the border. We crossed in a car with his parents, and they asked us what we were coming in for. They asked me if I was planning to immigrate, and I said eventually, yes. At the time I was intending to enter as a visitor, since we hadn't sorted out our plans for that yet. Anyway, the customs officer explained that they weren't supposed to let people into the country that were planning to just come there and immigrate, but he told me that he would let me in this time anyway, and told to file for immigration as soon as possible. He gave me the I-94 then, which says I entered as a vistor, and allows me to stay here for one year.

I hope that makes sense!

Yep, that made sense. That's interesting to know! I didn't realise they could do that sort of thing if needs be.

Hmm... I can see why you'd be worried about proving the marriage. Have you received any mail at his parents' address? Or better yet, any mail addressed to both of you at that address? I haven't read the instructions for the I-485, but it might be a case where you simply send a copy of the marriage certificate with the petition and then gather other proof for the interview, which gives you more time. I know that with the I-130, you can submit signed statements from family and friends attesting to your marriage. And pictures of your time together from the wedding through to today would be good.

So I think the next step is to get a consultation with a lawyer, find out if you should file for adjustment of status, and get advice on what to write that says you're eligible for AOS as you don't fall into any of the predetermined categories I don't think.

It's past bed time for me and I'm going to be packing like crazy over the weekend for my trip to the states on Monday. So I won't be able to write more replies, but I want to wish you good luck. Try to stay calm as you're still in the US legally and have a legitimate marriage so there should be a way to work it out all without too much pain.

Edited February 24, 2007 by MargotDarko

[Autumnchik 6]

I just came into the country and at the border, was given an I-94-A paper. I haven't filed or sent anything for immigration. My biggest mistake was probably that. The reason I hadn't filed any yet is a little longwinded, but I'll explain anyway. We live in Meadowview, VA and there are no civil surgeons close to us--the closest is a 5+ hour drive away. My husband's parents are friends with a doctor here, so I talked to her and she agreed to send in what was needed to become certified. Unfortunately, she apparently messed up and didn't send everything at once, and now she hasn't heard anything at all and it's been several months. I waited on her, because she said it wouldn't take long. Big mistake.

So yeah, I haven't filed anything yet and I'll have to leave by May 7th of this year.

ETA: Can anyone give me an estimate on what it would cost to hire an immigration lawyer? Or can a consultation be done for free? Thank you!

Don't have any advice on the immigration officer, but did want to say this regarding civil surgeons:

I happen to know where Meadowview VA is; when I lived in NW Georgia and drove home to Connecticut, I drove right by Meadowview on 81, so I know what cities would be relatively close. On the USCIS website, it lists at least 4 civil surgeons in Knoxville TN and also listed civil surgeons in Roanoke and Blacksburg VA. Not sure where you got the information that there were not any civil surgeons closer than 5 hours, but it appears that there are several in your vicinity. Perhaps you can get the medical done soon and not have to worry about that piece of it. Good luck!

[nyseness 0]

Yea it sounds like you did eveything as you should when you came here. It was the CO that made the mistake not you and trust me it happens all the time. I would consult w/a lawyer but he will probably tell you to have your husband complete the I-130 then the I-485 but you have to make sure your lawyer is certain. Because you are already married they can easily say you had the intentions of immigrating so they can denied your visa app. If I were in your shoes I would have your husband do the whole IR and/or K3 process and you should leave prior to your I-94 expiration date so you won't be out of status or illegal. That will only hurt your chances of ever coming back. At this point you came here on a visitor visa and that is totally legit. Just my two cents.

Anna

[ziggyboo 0]

Thank you all for the replies--you've really helped me out and put my mind way more at ease. Thankfully, I have received mail here, and we do have some pictures as well.

As for the civil surgeons, I forgot to mention that I was specifically looking for one who is a woman. I'm very uncomfortable with doctors, so I've decided to see a female one if at all possible. Some of the names on the list I couldn't exactly tell what gender the doctor was, so I checked a few with obviously female names, and I know several of them were further away than the others.

[rebeccajo 14]

Don't leave the country.

Get yourself to an immigration lawyer - soon.

You unfortunately are possibly in more of a scenario than a visa denial. You are in dangerous territory for a 3 year bar.

[ziggyboo 0]

I intend to go on Monday.

Also, why am I in danger of a three year bar? I haven't sent any papers yet, and I was let in by a customs officer. If staying here and sending the papers would make me likely for denial, shouldn't I go back to Canada and have the papers filed then? I'm a little confused. Either way, I don't intend to make a decision on that until I've spoken to a lawyer, I'd just like to hear your explanation.

[rebeccajo 14]

http://www.visajourney.com/forums/index.ph...mp;#entry737319

[rebeccajo 14]

ziggy, I don't want to alarm you at all. Not my intent.

Overstaying gets the bar. I don't know if you are an 'overstayer' or not. I'm not sure the border guard admitted you properly. As a Canadian citizen I know you've probably got some different 'things' that others don't.

Just ask your attorney about the bar. I could be COMPLETELY wrong.

[ziggyboo 0]

I'm not entirely sure what in here pertains to me. You linked me to the last page of what appears to be a huge argument... is there a specific post you're trying to point out? Clarification would help a lot here.

ETA: Nevermind! I posted before I saw your second post. I have not overstayed anything. My I-94 says I can stay until May 7th, 2007.

Edited February 24, 2007 by ziggyboo