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Posted

Well - for the travel I suppose she'd need a valid travel document as well... which maybe she doesn't or would need to obtain from a Canadian consulate.

Let us know how things turn out! :)

K1 Visa & AOS

Spoiler

2016-03-19         i-129F Sent
2016-03-24         i-129F NOA1
2016-06-14         i-129F NOA2
2016-07-08         NVC Rec'd
2016-07-12         Case #
2016-07-13         NVC Left
2016-07-14         Consulate Rec'd
2016-07-19         Medical
2016-08-11         Interview Date (approved)
2016-09-06         Issued
2016-09-09         Visa In Hand
2016-10-19         POE Dallas Fort-Worth
2016-10-30         Our Halloween Wedding

2016-11-16         AOS package sent (i-485, i-131, i-765, i-864, g-325a, DS-3025)
2016-11-17         AOS package delivered to Chicago lockbox
2016-11-23         NOA1's by e-mail and text (@ 10:30 pm CT)
2016-11-26         NOA1 hard copies
2016-12-03         Biometrics appointment in mail
2016-12-07         Biometrics (Early walk-in Desoto, appointment was for Dec 13th)

2017-02-17         Notice of card in production by email and text (@8:00 am CT, i-765) - Day 92

2017-02-22         Notice of approval by email and text (@1:00 pm CT, i-765 and i-131) - Day 97

2017-02-22         Notice of card being mailed by email and text (@7:00 pm CT, i-765) - Day 97

2017-02-25         EAD/AP combo card arrived in mail - Day 100

2017-03-03         Notice of green card in production by email and text (@4:00 pm CT, i-485) - Day 106

2017-03-03         Notice of approval by email and text (@6:00 pm CT, i-485) - Day 106

2017-03-11          Green card arrived in mail  - Day 113

2018-12-03          First day to file for ROC (i-751)

 

giphy.gif

Posted (edited)

I hope her mom didn't pretend your girlfriend and her sister were American citizens when they crossed the border.

 

See this member's story: http://www.visajourney.com/forums/profile/46877-globehoppermama/

 

Please try to get as much details as you can from her mom/family.  How did the parents became permanent residents initially?

 

Edited by Lemonslice
Filed: K-1 Visa Country: Wales
Timeline
Posted

You can not legalise a GF.

 

You or somebody else can legalise a Wife.

 

Time to put up or shut up.

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

Posted

OP please do not let posters here tell you when and why you should get married. I can't believe how flippant some people can be about one of the biggest decisions in your life.

 

It will help you to know as many details as you can about when, where and how her mother received her LPR status. Also congress or the president may give her a path to citizenship in the next 6 months, so it would be good to wait at least that long to see how things play out while looking at other options.

 

Do not let marriage enter into the decision making process. Marriage for the sake of immigration is fraud. Marriage because you have found the person that you want to spend the rest of your life with is not.

 

Best of luck to you and your girlfriend.

Posted

It sounds to me like DACA would have applied and should now apply for her. Why hasn't she done anything about her status before now?  She has had 5 years to get something done. 

 

The information below is from NPR (National Public Radio.)

 

1. What is DACA?

DACA is the acronym for Deferred Action for Childhood Arrivals, a program created in 2012 by the Obama administration allowing young people brought to this country illegally by their parents to get a temporary reprieve from deportation and to receive permission to work, study and obtain driver's licenses.

DACA applicants had to be younger than 31 years old when the program began. They also had to prove that they had lived in the United States continuously since June 15, 2007, and that they had arrived in the U.S. before the age of 16.

 
 

Those signing up for DACA must show that they have clean criminal records. They have to be enrolled in high school or college, or serve in the military. Their status is renewable every two years.

Filed: Citizen (apr) Country: Brazil
Timeline
Posted
2 minutes ago, Diane and Chris said:

It sounds to me like DACA would have applied and should now apply for her. Why hasn't she done anything about her status before now?  She has had 5 years to get something done. 

 

The information below is from NPR (National Public Radio.)

 

1. What is DACA?

DACA is the acronym for Deferred Action for Childhood Arrivals, a program created in 2012 by the Obama administration allowing young people brought to this country illegally by their parents to get a temporary reprieve from deportation and to receive permission to work, study and obtain driver's licenses.

DACA applicants had to be younger than 31 years old when the program began. They also had to prove that they had lived in the United States continuously since June 15, 2007, and that they had arrived in the U.S. before the age of 16.

 

 

Those signing up for DACA must show that they have clean criminal records. They have to be enrolled in high school or college, or serve in the military. Their status is renewable every two years.

DACA is dead. No one can sign up for it anymore.

Filed: AOS (pnd) Country: Canada
Timeline
Posted
12 hours ago, Suss&Camm said:

Ppl from Canada many times don't even get an i94 as far as I know. That is the least of her/your concerns. There is a reason why "most of us will say get married" as that is by FAR the quickest way. 

I understand it being a big decision at 21,  but if the only reason why you are not doing it is that you are not financially stable and not that you are unsure about each other then that reason seems to pale in comparison to her not having a legal presence in the country.

You can do a court house wedding for practically no money and do the dream wedding things years down the line,  when you get that financial stability you mention. In any case, that's just my 2 cents - I feel like your priorities are a bit off.

Geowrian is 100% right about the 5-9 months being only for the i130 petition and her actually being an LPR is currently around 13-14 years away.

People from Canada most certainly do get an I94 when they cross the border every single time. I know this as I am Canadian and have been given one plenty of times and have needed it when I applied for AOS.

Posted
12 hours ago, Tanner C said:

She is 21 and unmarried, she does indeed still live with her mom though.. Which should make their case for immediate family? I know I may legally do nothing besides the marriage, but I'll help in the ways I can.

She is considered an adult for immigration purposes, and does not fall under the immediate relative criteria (see https://travel.state.gov/content/visas/en/immigrate/family/family-preference.html).

 

8 minutes ago, bad4tatt said:

People from Canada most certainly do get an I94 when they cross the border every single time. I know this as I am Canadian and have been given one plenty of times and have needed it when I applied for AOS.

Before ~2013-2014, not getting an I-94 when visiting was quite common for Canadians.

Timelines:

ROC:

Spoiler

7/27/20: Sent forms to Dallas lockbox, 7/30/20: Received by USCIS, 8/10 NOA1 electronic notification received, 8/1/ NOA1 hard copy received

AOS:

Spoiler

AOS (I-485 + I-131 + I-765):

9/25/17: sent forms to Chicago, 9/27/17: received by USCIS, 10/4/17: NOA1 electronic notification received, 10/10/17: NOA1 hard copy received. Social Security card being issued in married name (3rd attempt!)

10/14/17: Biometrics appointment notice received, 10/25/17: Biometrics

1/2/18: EAD + AP approved (no website update), 1/5/18: EAD + AP mailed, 1/8/18: EAD + AP approval notice hardcopies received, 1/10/18: EAD + AP received

9/5/18: Interview scheduled notice, 10/17/18: Interview

10/24/18: Green card produced notice, 10/25/18: Formal approval, 10/31/18: Green card received

K-1:

Spoiler

I-129F

12/1/16: sent, 12/14/16: NOA1 hard copy received, 3/10/17: RFE (IMB verification), 3/22/17: RFE response received

3/24/17: Approved! , 3/30/17: NOA2 hard copy received

 

NVC

4/6/2017: Received, 4/12/2017: Sent to Riyadh embassy, 4/16/2017: Case received at Riyadh embassy, 4/21/2017: Request case transfer to Manila, approved 4/24/2017

 

K-1

5/1/2017: Case received by Manila (1 week embassy transfer??? Lucky~)

7/13/2017: Interview: APPROVED!!!

7/19/2017: Visa in hand

8/15/2017: POE

 

Posted
1 hour ago, RO_AH said:

OP please do not let posters here tell you when and why you should get married. I can't believe how flippant some people can be about one of the biggest decisions in your life.

No one is "telling" him to do or not do anything. We're giving our points of view and different things to consider if he hasn't already. They are adults and can make they're own decisions. You are in fact the only one thus far actually saying "do not". 

1 hour ago, RO_AH said:

Do not let marriage enter into the decision making process. Marriage for the sake of immigration is fraud. Marriage because you have found the person that you want to spend the rest of your life with is not.

If they are in love and plan to be together it is a real relationship and certainly not immigration fraud - they are allowed to consider the timing of a marriage. The question here isn't the marriage itself.

K1 Visa & AOS

Spoiler

2016-03-19         i-129F Sent
2016-03-24         i-129F NOA1
2016-06-14         i-129F NOA2
2016-07-08         NVC Rec'd
2016-07-12         Case #
2016-07-13         NVC Left
2016-07-14         Consulate Rec'd
2016-07-19         Medical
2016-08-11         Interview Date (approved)
2016-09-06         Issued
2016-09-09         Visa In Hand
2016-10-19         POE Dallas Fort-Worth
2016-10-30         Our Halloween Wedding

2016-11-16         AOS package sent (i-485, i-131, i-765, i-864, g-325a, DS-3025)
2016-11-17         AOS package delivered to Chicago lockbox
2016-11-23         NOA1's by e-mail and text (@ 10:30 pm CT)
2016-11-26         NOA1 hard copies
2016-12-03         Biometrics appointment in mail
2016-12-07         Biometrics (Early walk-in Desoto, appointment was for Dec 13th)

2017-02-17         Notice of card in production by email and text (@8:00 am CT, i-765) - Day 92

2017-02-22         Notice of approval by email and text (@1:00 pm CT, i-765 and i-131) - Day 97

2017-02-22         Notice of card being mailed by email and text (@7:00 pm CT, i-765) - Day 97

2017-02-25         EAD/AP combo card arrived in mail - Day 100

2017-03-03         Notice of green card in production by email and text (@4:00 pm CT, i-485) - Day 106

2017-03-03         Notice of approval by email and text (@6:00 pm CT, i-485) - Day 106

2017-03-11          Green card arrived in mail  - Day 113

2018-12-03          First day to file for ROC (i-751)

 

giphy.gif

Posted
1 hour ago, bad4tatt said:

People from Canada most certainly do get an I94 when they cross the border every single time. I know this as I am Canadian and have been given one plenty of times and have needed it when I applied for AOS.

This might have been a recent change.  I've crossed the border as a Canadian literally dozens of times prior to becoming a US citizen and was never issued an I94

Posted
1 hour ago, bad4tatt said:

People from Canada most certainly do get an I94 when they cross the border every single time. I know this as I am Canadian and have been given one plenty of times and have needed it when I applied for AOS.

There are many Canadians posting on VJ not having an i94 for AOS and wondering what to do. They have been fine without it.

K1 Visa & AOS

Spoiler

2016-03-19         i-129F Sent
2016-03-24         i-129F NOA1
2016-06-14         i-129F NOA2
2016-07-08         NVC Rec'd
2016-07-12         Case #
2016-07-13         NVC Left
2016-07-14         Consulate Rec'd
2016-07-19         Medical
2016-08-11         Interview Date (approved)
2016-09-06         Issued
2016-09-09         Visa In Hand
2016-10-19         POE Dallas Fort-Worth
2016-10-30         Our Halloween Wedding

2016-11-16         AOS package sent (i-485, i-131, i-765, i-864, g-325a, DS-3025)
2016-11-17         AOS package delivered to Chicago lockbox
2016-11-23         NOA1's by e-mail and text (@ 10:30 pm CT)
2016-11-26         NOA1 hard copies
2016-12-03         Biometrics appointment in mail
2016-12-07         Biometrics (Early walk-in Desoto, appointment was for Dec 13th)

2017-02-17         Notice of card in production by email and text (@8:00 am CT, i-765) - Day 92

2017-02-22         Notice of approval by email and text (@1:00 pm CT, i-765 and i-131) - Day 97

2017-02-22         Notice of card being mailed by email and text (@7:00 pm CT, i-765) - Day 97

2017-02-25         EAD/AP combo card arrived in mail - Day 100

2017-03-03         Notice of green card in production by email and text (@4:00 pm CT, i-485) - Day 106

2017-03-03         Notice of approval by email and text (@6:00 pm CT, i-485) - Day 106

2017-03-11          Green card arrived in mail  - Day 113

2018-12-03          First day to file for ROC (i-751)

 

giphy.gif

Posted
11 minutes ago, Suss&Camm said:

No one is "telling" him to do or not do anything.

I beg to differ.

I say: go ahead and get married.

6 hours ago, Boiler said:

You can not legalise a GF.

 

You or somebody else can legalise a Wife.

 

Time to put up or shut up.

 

Posted
13 minutes ago, Suss&Camm said:

If they are in love and plan to be together it is a real relationship and certainly not immigration fraud -

I agree 100 percent, but he has said he is not ready. Advising him to do so,(not you but others) so that she could become legal sounds to me like deciding to get married for immigration purposes,. I am simply saying do not tie the 2 issues together marriage and immigration.

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

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