About to file papers to stay in US, couple questions

[jackt 0]

Hey all

Had a couple concerns, and have been reading some threads here, wanted to post my situation and see if others have any advice or have been in similar situations...

I am a Canadian citizen. I entered the US on Dec 19 2006 to visit with my long time girlfriend. Aside from filling out that customs form at the airport in Canada before getting on the plane, I didn't apply or do anything visa-wise that I know of. It was my third time in the states since 2004.

I ended up proposing to her in February. We then got married March 9.

We decided that it would be better for me to stay in the US instead of her moving to Canada, since she had a better job etc so we started looking into that.

Anyway, here we are a couple weeks away from the 6th month mark of me being in the country and we are still being run around by the lawyers, and don't feel we have the time left to mess around so we want to file the papers ourselves.

But because it's so close to the 6 month mark we are worried about a couple things.

First we want to be sure about what to put down in the part where it says "Entered the country as..." We think it was on a B2 visa, but the scribble on my passport looks it could be a signature or it could say B2. I never had to apply for anything or it was never mentioned to me when I entered the country. So we just assume its on a B2 visitor visa, but we would like to be sure.

The papers we are filing are for me to become a Lawful Permanant Resident. We filled out forms: I-485, I-130, I-184. We have photos, a timelines, writtens letters from family and friends about the relationship etc.

We have the money to do all the filing.

We just want to make sure we arent missing anything.

Any advice/help would be appreciated, we are very worried, and don't want to be apart again.

If you need more info, let me know

Thanks in advance.

[Twomoles 8]

Get infopass appointment in your local Homeland Security office. They will tell you steps in this perticular and different case. People there are kind, and much more knowledgeable then lawyers, and its for free.

https://infopass.uscis.gov/info_en.php

Edited June 4, 2007 by ieva & carl

[jackt 0]

Get infopass appointment in your local Homeland Security office. They will tell you steps in this perticular and different case. People there are kind, and much more knowledgeable then lawyers, and its for free.

https://infopass.uscis.gov/info_en.php

Heya

Actually my wife already has an appt through infopass for tomorrow

We are just hoping for some additional info from people who may have been in the similar situation

Thanks again

[Twomoles 8]

Seems here is not much people awake here. For particular paperwork questions maybe someone will say you tomorrow. I really don't have what to suggest, but all i know, that here is cases like this, who come here as visitors, and got married. The main point, you have to prove, so it doesn't look like visa fraud (you didnt went through all k-1 fiancee visa process tought ), is that you knew each other, but when you come here, you didnt had intentions to stay and apply for AOS. That you have long lasting relationship, but that decision to marry and stay is spontaneous, not planned. And so, I have seen cases like this here, and they get their AOS and all is well.

P.S. We always went to infopass appointment both together. They keep records on this, so we thought its good thing, because this is where our interview will happen too.

Edited June 4, 2007 by ieva & carl

[Reba 2]

You entered the US as "visitor". I believe the B2 visa would be a stamp that actually says B2 and would not be in question. As Canadians can generally enter the US without an official visa, your status is simply "visitor".

[MargotDarko 0]

As long as you had absolutely no intention to marry her and stay in the US when you first entered, and as long as you can prove it, you are fine to remain in the US and file for adjustment of status.

You entered under the visa wavier programmer - you did not have a B2 visa.

If you had any intent to stay and marry when you entered last December, you are taking a big risk by filing for adjustment of status. You must be able to prove that you didn't have intent to immigrate - if you quit a job in Canada, closed accounts, etc, anything that looked like you were about to move, that will look really fishy.

If you go ahead with adjustment of stauts, do not leave the US until you have your green card in hand. Even if you are granted advanced parole, leaving without the greencard is risky.

You have an I-94 in your passport right? What is the expiration date?

[athena_ny 1]

As long as you had absolutely no intention to marry her and stay in the US when you first entered, and as long as you can prove it, you are fine to remain in the US and file for adjustment of status.

You entered under the visa wavier programmer - you did not have a B2 visa.

If you had any intent to stay and marry when you entered last December, you are taking a big risk by filing for adjustment of status. You must be able to prove that you didn't have intent to immigrate - if you quit a job in Canada, closed accounts, etc, anything that looked like you were about to move, that will look really fishy.

If you go ahead with adjustment of stauts, do not leave the US until you have your green card in hand. Even if you are granted advanced parole, leaving without the greencard is risky.

You have an I-94 in your passport right? What is the expiration date?

Canada is not part of the visa waiver program - from http://www.us-immigration-attorney.com/visa-waiver.htm:

"Do Canadian Citizens Need a Visa or MRP?

Citizens of Canada generally do not require a visa. While some people mistakenly believe Canada is part of the visa waiver program, the authorization for Canadian citizens to travel visa-free comes from other immigration laws. Additionally, the machine-readable passport requirement does not apply to Canadian citizens, because they are not part of the visa waiver program. It should be noted however; some Canadian citizens traveling to the U.S. require nonimmigrant visas."

To the OP: your status is just visitor, Canadians are allowed to visit for up to 6 months (I believe) of the year, but do not need a visa. A B2 would be a visa or stamp in your passport.

As long as you didn't enter with intent to marry, everything should be fine - although I have heard rumblings that potential visa fraud often goes unchecked when the couple is white/of European descent and from the developed world, but I'm not sure how much truth there is to that as 1. never committed visa fraud and 2. my husband is brown. Your best bet is not to commit it in the first place, so again - as long as there was no intent, you should be fine.

[LaL 418]

The papers we are filing are for me to become a Lawful Permanant Resident. We filled out forms: I-485, I-130, I-184.

I believe you mean I-864. no EAD necessary?

[jackt 0]

The papers we are filing are for me to become a Lawful Permanant Resident. We filled out forms: I-485, I-130, I-184.

I believe you mean I-864. no EAD necessary?

Heya, to answer a few questions...

There is no form in my passport, just a stamp on one of the pages that says I entered Dec 19, and says Class ______ and on the line the person at the airport scribbled something. But can't tell if its thier signature, it sort of looks like it says B2... but its very messy.

My ticket was for me to go back on March 19th, my stay was going to be 3 months. She had visited me in Canada 3 months prior to my stay. I had visited her here about 3 months prior to her stay with me... so we had spent alot of money flying back and forth.

After I proposed, we wanted to get get married right away before I flew back. We did a small courthouse wedding with her family on March 9th. The next couple days while I was getting ready to travel back home things got hard, and thats when we started talking about me just staying here.

I wasn't employed when I left Canada. I still have bank accounts there though.

And yes, I did mean the I-864 form, my mistake.

(and yes we are both white)

[jackt 0]

The papers we are filing are for me to become a Lawful Permanant Resident. We filled out forms: I-485, I-130, I-184.

I believe you mean I-864. no EAD necessary?

Here is a scan of the stamp if it helps.

We want to know if my stay is expired and if we have to file the supplement to the 485 to get it extended, thats the main thing we are worried about.

[athena_ny 1]

The papers we are filing are for me to become a Lawful Permanant Resident. We filled out forms: I-485, I-130, I-184.

I believe you mean I-864. no EAD necessary?

Here is a scan of the stamp if it helps.

We want to know if my stay is expired and if we have to file the supplement to the 485 to get it extended, thats the main thing we are worried about.

You've spent more than 6 months here this year, and I remember reading Canadians can legally spend up to 6 months of a year in the US (I think this is true for any country - can't spent more time in the US than your own country without being an LPR), so your status has probably expired. I wouldn't worry about filing to get it extended, overstay is forgiven through marriage to a USC anyway. My husband had a 4.5 year overstay and it wasn't an issue.

[LaL 418]

so you don't have a need for the I-765 (ead)?

[jackt 0]

so you don't have a need for the I-765 (ead)?

As far as we know, we didn't need to file that since once I have a green card I can live and work in the U.S.

Are we misinformed?

[LaL 418]

so you don't have a need for the I-765 (ead)?

As far as we know, we didn't need to file that since once I have a green card I can live and work in the U.S.

Are we misinformed?

wellll.... the EAD card allows you to work in the interim while the AOS application is processed. some greencards take mere months, some take years. its really a personal decision.

[helvetica 0]

You've spent more than 6 months here this year, and I remember reading Canadians can legally spend up to 6 months of a year in the US (I think this is true for any country - can't spent more time in the US than your own country without being an LPR), so your status has probably expired. I wouldn't worry about filing to get it extended, overstay is forgiven through marriage to a USC anyway. My husband had a 4.5 year overstay and it wasn't an issue.

so, say there is a date in the stamp when the person has to leave by and an I-94 issued - would an overstay of that date be forgiven if the person were to get married while in the country and then file for AOS?