Jump to content

82 posts in this topic

Recommended Posts

Filed: K-1 Visa Country: Wales
Timeline
Posted

Sounds like the Mum is illegal.

“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
2 hours ago, Tanner C said:

Thank you all for the responses. I was talking with my girlfriend today, the mother has been gone all day but in the morning we are confirming details. To me, it seems like the mother came here in 98 when my girlfriend was of 2 years old through plane via a passport. Then down the line got her permanent residence. My issue here is, her older sisters were born here in the U.S. The sister above her is 2 years older and some odd months. How did the Mom stay in the U.S. that long on a visiting passport to have her two kids? They then traveled back up to Canada and when my girlfriend was two came back down to the U.S. My girlfriend doesn't have a clue because they never talked in depth about it, just simple things regarding the issue. She is under the impression though, that the Mom came back out here to the U.S. with her 4 daughters and got the permanent residence then. Which would still make the youngest of the daughter's a permanent residence unless of course the mom still waited years after and even passed her stay and got her permanent residence which would've taken years to achieve because she over stayed. When the Mom came back here for the last time and decided to reside here, she would've had to have gotten her permanent residence within the 6 month frame. Still not making any sense to me. I'm trying to piece it together here. Could it be the mother was able to over stay due to her pregnancy?

 

Time to have a sit down with the mother.

 

Based on what you are saying above the mother may have very well lost her permanent residency or simply overstayed. Or maybe never had PR to begin with.

 

On what basis did she gain permanent residency ( example: did a family member petition for them?)? Has she been maintaining her permanent residency (the green card expires every 10 years)? Has she returned to Canada since? These are some questions your gf should be thinking about asking her mother. Would help to have dates also.

 

1 hour ago, Boiler said:

Sounds like the Mum is illegal.

 

That very well may be the case. If so, it closes the doors on some options.

 

 

Quite a mess.

“When starting an immigration journey, the best advice is to understand that sacrifices have to be made... whether it is time, money, or separation; or a combination of all.” - Unlockable

Filed: Other Country: Canada
Timeline
Posted (edited)
22 minutes ago, NuestraUnion said:

 

Time to have a sit down with the mother.

 

Based on what you are saying above the mother may have very well lost her permanent residency or simply overstayed. Or maybe never had PR to begin with.

 

On what basis did she gain permanent residency ( example: did a family member petition for them?)? Has she been maintaining her permanent residency (the green card expires every 10 years)? Has she returned to Canada since? These are some questions your gf should be thinking about asking her mother. Would help to have dates also.

 

 

That very well may be the case. If so, it closes the doors on some options.

 

 

Quite a mess.

 

Now this I can answer. I know the mother renews it every ten years, she has been a Para-Educator for over ten years and is about to become a teacher(Just acquired her c-best).  So I know for over ten + years she has had a permanent residency, even does her taxes and claims her two kids that are still living with her through their I-TINs. 

I was just thinking how my girlfriend and her little sister do not have their PRs, when the mother has had it for so long. We basically need to get exact dates from her mother. I'm not sure how she couldn't have had her PR and had two kids here, which they are both a year+ apart, then went back to Canada and had my girlfriend and her little sister who are 2 years apart and then come back down and reside here. 

Just thinking if she had her PR before she came back or not. If so, she may have gotten it when she came back for the last time.

The Mom has been back to Canada twice this past year only due to her Dad passing away and a vacation with only the two older daughters to drive up there. She hasn't been back to Canada besides that. 

Edited by Tanner C
Posted
3 minutes ago, Tanner C said:

 

Now this I can answer. I know the mother renews it every ten years, she has been a Para-Educator for over ten years and is about to become a teacher(Just acquired her c-best).  So I know for over ten + years she has had a permanent residency, even does her taxes and claims her two kids that are still living with her through their I-TINs. 

I was just thinking how my girlfriend and her little sister do not have their PRs, when the mother has had it for so long. We basically need to get exact dates from her mother. I'm not sure how she couldn't have had her PR and had two kids here, which they are both a year+ apart, then went back to Canada and had my girlfriend and her little sister who are 2 years apart and then come back down and reside here. 

Just thinking if she had her PR before she came back or not. If so, she may have gotten it when she came back for the last time.

The Mom has been back to Canada twice this past year only due to her Dad passing away and a vacation with only the two older daughters to drive up there. She hasn't been back to Canada besides that. 

 

I share the same sentiments as you. Seems like the mother is responsible enough to maintain her status but neglected to file for her children for 20 years. It is not a drastically difficult process to do.

 

Definitely more to the story.

“When starting an immigration journey, the best advice is to understand that sacrifices have to be made... whether it is time, money, or separation; or a combination of all.” - Unlockable

Filed: Other Country: Canada
Timeline
Posted
10 minutes ago, NuestraUnion said:

 

I share the same sentiments as you. Seems like the mother is responsible enough to maintain her status but neglected to file for her children for 20 years. It is not a drastically difficult process to do.

 

Definitely more to the story.

Exactly, her mother is more of a selfish person in my opinion. I mean a mild version though. She is cool but when it comes to legality or money, it's a no go.

A lot of people tell me it isn't my responsibility, which it isn't... but I chose to be with her and I still am, so I plan to help out in any way I can. Her Dad told me not to pay for it and blah blah blah, so I asked him.. Will you pay for it? No... Alright. I'll pay for it then. So he comes down maybe 2-4 times a year max from Canada for his trucking job and sees them, then tries to play father mode telling me not to pay for it, but he won't. No one else will. My girlfriend gets side jobs, under the table through friends like yard work, watching dogs, house sitting, etc... So she could probably cover it herself but I told her I've got it covered.. Just want to have it done ya know.

 

So at this point all we can do is confirm dates when her Mom wakes up in the morning. Very bad situation she is in.

Posted (edited)
12 hours ago, Tanner C said:

Thank you all for the responses. I was talking with my girlfriend today, the mother has been gone all day but in the morning we are confirming details. To me, it seems like the mother came here in 98 when my girlfriend was of 2 years old through plane via a passport. Then down the line got her permanent residence. My issue here is, her older sisters were born here in the U.S. The sister above her is 2 years older and some odd months. How did the Mom stay in the U.S. that long on a visiting passport to have her two kids? They then traveled back up to Canada and when my girlfriend was two came back down to the U.S. My girlfriend doesn't have a clue because they never talked in depth about it, just simple things regarding the issue. She is under the impression though, that the Mom came back out here to the U.S. with her 4 daughters and got the permanent residence then. Which would still make the youngest of the daughter's a permanent residence unless of course the mom still waited years after and even passed her stay and got her permanent residence which would've taken years to achieve because she over stayed. When the Mom came back here for the last time and decided to reside here, she would've had to have gotten her permanent residence within the 6 month frame. Still not making any sense to me. I'm trying to piece it together here. Could it be the mother was able to over stay due to her pregnancy?

 

Maybe she should ask her mom (1) under what basis she got the green card (2) if she put her down in the paperwork, because maybe she did and the mother just never completed the paperwork for your girlfriend, or she got your girlfriend paperwork but because she was so little it was just a piece of paper attached to her.

 

I'm just trying to think if the mom did her paperwork and they just do not know. I'm so sorry she has to go through this.

 

I think back then, it was easier for Canadians to overstay because they do not get i-94 and back then, everything was done on paper. And they do not track Canadians like they do people from other countries. 

 

Edited by Coco8
Filed: Other Country: Canada
Timeline
Posted
27 minutes ago, Coco8 said:

 

Maybe she should ask her mom (1) under what basis she got the green card (2) if she put her down in the paperwork, because maybe she did and the mother just never completed the paperwork for your girlfriend, or she got your girlfriend paperwork but because she was so little it was just a piece of paper attached to her.

 

I'm just trying to think if the mom did her paperwork and they just do not know. I'm so sorry she has to go through this.

 

I think back then, it was easier for Canadians to overstay because they do not get i-94 and back then, everything was done on paper. And they do not track Canadians like they do people from other countries. 

 

So I just found out the Mother had gotten her permanent residence before the youngest daughters (my girlfriend and her sister) were born.. Then came back over here to the U.S. after they were born. I just asked my girlfriend to find out if she ever included there names on any of the paperwork, which I doubt she did.

with that being said, I take it will not change a single thing still?

Posted
2 minutes ago, Tanner C said:

So I just found out the Mother had gotten her permanent residence before the youngest daughters (my girlfriend and her sister) were born.. Then came back over here to the U.S. after they were born. I just asked my girlfriend to find out if she ever included there names on any of the paperwork, which I doubt she did.

with that being said, I take it will not change a single thing still?

How old were they when they came back over? 

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
10 minutes ago, Tanner C said:

So I just found out the Mother had gotten her permanent residence before the youngest daughters (my girlfriend and her sister) were born.. Then came back over here to the U.S. after they were born. I just asked my girlfriend to find out if she ever included there names on any of the paperwork, which I doubt she did.

with that being said, I take it will not change a single thing still?

Have you seen, with your own eyes, her mother's green card?  

Posted (edited)
30 minutes ago, Tanner C said:

So I just found out the Mother had gotten her permanent residence before the youngest daughters (my girlfriend and her sister) were born.. Then came back over here to the U.S. after they were born. I just asked my girlfriend to find out if she ever included there names on any of the paperwork, which I doubt she did.

with that being said, I take it will not change a single thing still?

 

There are several ways in which a baby born abroad to a permanent resident can get permanent residence status. The issue is that I have no clue how old these rules are (where they in place in 1998 or whenever she came back?) and how would you could find out whether she has this papers. 

 

Take a look at this: http://www.stephengoldenlaw.com/green-cards-for-children-born-on-trips-abroad/

 

At least you could ask the mother if she did any of what they mention there.

 

Edited by Coco8
Filed: Other Country: Canada
Timeline
Posted (edited)
1 hour ago, Suss&Camm said:

How old were they when they came back over? 

My girlfriend was 2 years and 2 months, her sister only months old. The Mom stated though she didn't "claim" them though I suppose. In other words she didn't do their paperwork. She got the permanent residency before they were born and then had them, yet never updated them on the permanent residence/ did paperwork for them. The Mother basically said the two daughters were going over to the U.S. on Holiday.. While both the Dad and Mom came here through their PRs. They both had them. I have no clue why they didn't add them.. Negligent.

Although, the Mom claimed her kids on their taxes with their I-TIN #s ???

 

1 hour ago, Lemonslice said:

Have you seen, with your own eyes, her mother's green card?  

Have I see her green card, no I have not. Her daughter's have indeed.

If you're implying like someone else did in the forum that she doesn't have it, you're wrong. If you aren't, then I apologize.

1 hour ago, Coco8 said:

 

There are several ways in which a baby born abroad to a permanent resident can get permanent residence status. The issue is that I have no clue how old these rules are (where they in place in 1998 or whenever she came back?) and how would you could find out whether she has this papers. 

 

Take a look at this: http://www.stephengoldenlaw.com/green-cards-for-children-born-on-trips-abroad/

 

At least you could ask the mother if she did any of what they mention there.

 

Thank you, I will be looking over it and will send it off to my girlfriend's Mom/ and or my girlfriend to go over. 

Edited by Tanner C
Posted
1 minute ago, Tanner C said:

My girlfriend was 2 years and 2 months, here sister only months old. The Mom stated though she didn't "claim" them though I suppose. In other words she didn't do their paperwork. She got the permanent residency before they were born and then had them, yet never updated them on the permanent residence/ did paperwork for them. The Mother basically said the two daughters were going over to the U.S. on Holiday.. While both the Dad and Mom came here through their PRs. They both had them. I have no clue why they didn't add them.. Negligent.

Although, the Mom claimed her kids on their taxes with their I-TIN #s ???

 

Have I see her green card, no I have not. Her daughter's have indeed.

If you're implying like someone else did in the forum that she doesn't have it, you're wrong. If you aren't, then I apologize.

Thank you, I will be looking over it and will send it off to my girlfriend's Mom/ and or my girlfriend to go over. 

Right, that is just really unfortunate. I can't imagine why in all these years she wouldn't have attempted to get them legal. I would be furious with my mom if that were me. 

Can't undo any of it though :/ You are left with the options that we started out with it seems. 

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

Filed: Other Country: Canada
Timeline
Posted

I just read over the site you linked me to Coco8. My girlfriend and her little sister both apply to the first situation. Their permanent residences were valid before and after birth of the children and they came back into the states with it being valid. So how do we go about that though? I mean, 19 years.. The children should've had it upon arrival though?

Filed: Other Country: Canada
Timeline
Posted (edited)
2 minutes ago, Suss&Camm said:

Right, that is just really unfortunate. I can't imagine why in all these years she wouldn't have attempted to get them legal. I would be furious with my mom if that were me. 

Can't undo any of it though :/ You are left with the options that we started out with it seems. 

Read the last reply I posted. The daughters match the criteria entirely, I just don't understand how they didn't get the permanent residencies when they came out that young and if that law still applies or if that is after the 1998 period, etc.

Edited by Tanner C
Posted (edited)
9 minutes ago, Tanner C said:

Read the last reply I posted. The daughters match the criteria entirely, I just don't understand how they didn't get the permanent residencies when they came out that young and if that law still applies or if that is after the 1998 period, etc.

I thought the mom had the permanent residency already when she left - not that it was issued at a Canadian consulate?

Edited by Suss&Camm

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

 
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...