Filing from the US

[Jessjames14 3]

35 minutes ago, NikLR said:

Did you intend to stay? Did you tell the CBP you were visiting or moving? 

 

Visiting. My father in law lives here aswell 

[Suze1 366]

3 minutes ago, Jessjames14 said:

Visiting. My father in law lives here aswell 

And WHERE DO YOU LIVE right now?

WHAT IS YOUR PERMANENT ADDRESS RIGHT NOW?

WHEN did you START LIVING there?

Edited January 2, 2020 by Suze1

[Jessjames14 3]

1 minute ago, Suze1 said:

And WHERE DO YOU LIVE right now?

WHEN did you START LIVING there?

Canada 6 months. Florida 6 months 

[Jessjames14 3]

Just now, Jessjames14 said:

Canada 6 months. Florida 6 months 

I am confused because canadians are allowed to have property / or rent an apartment in the US are they not?  Why will it be a problem showing I am on the lease here with my husband 

[Suze1 366]

11 minutes ago, Jessjames14 said:

I am confused because canadians are allowed to have property / or rent an apartment in the US are they not?  Why will it be a problem showing I am on the lease here with my husband 

There is a special relationship between Canada and the US, from what I read.

I am not Canadian, and definitely do not know the intricacies, and have no such experiences to share.

There are many others here who know much more, for sure.

However, I would think that permission to buy or rent property does not give you immigration rights. There are investor-related visas for that. And buying or renting property does not convey any special rights.

So, your "living" here has to be looked at, described, and researched very, very carefully.

Others will opine here, but my sense is - You might have gone too far in "moving" here. 

And I think you know that, otherwise, you would have told the CBP, "I live here 6 months of the year.", instead of responding with "Visiting".

If you feel any hesitation in making such a statement every time you cross the border, then the unease you feel tells you all you need to know.

 

Edited January 2, 2020 by Suze1

[Jessjames14 3]

7 minutes ago, Suze1 said:

There is a special relationship between Canada and the US, from what I read.

I am not Canadian, and definitely do not know the intricacies, and have no such experiences to share.

There are many others here who know much more, for sure.

However, I would think that permission to buy or rent property does not give you immigration rights. There are investor-related visas for that. And buying or renting property does not convey any special rights.

So, your "living" here has to be looked at, described, and researched very, very carefully.

Others will opine here, but my sense is - You might have gone too far in "moving" here. 

And I think you know that, otherwise, you would have told the CBP, "I live here 6 months of the year.", instead of responding with "Visiting".

If you feel any hesitation in making such a statement every time you cross the border, then the unease you feel tells you all you need to know.

 

I’m not saying that it grants me rights to immigrate here but it’s proof our marriage is legitimate 

[Marieke H 2,523]

When you crossed the border, did you know you were going to stay in the US permanently? Or did you really come just for a visit and then changed your mind?

 

To clarify: if you tied up all loose ends in Canada, quit your job, sold your house before you "moved" here, that looks suspicious. And even though you could technically still file for AOS and stay here, it can be risky and cause problems in the future. 

If you still have a life in Canada you were planning to return to, like a job, house, etc, and you just changed your mind after you got here, that is less suspicious and filing for AOS should not cause any issues, especially if you can show proof of this if anyone ever asks (for example, proof that your Canadian house was sold after you entered the US on this visit that was supposed to be just temporary).

Edited January 2, 2020 by Marieke H
Clarification

[Suze1 366]

Marriage legitimacy is a separate, and important, issue. Agreed. 

But that is not the risk, here.

The risk here is - Did you violate immigration law, through misrepresentation.

Do you abuse your right to visit?

Have your turned the right to visit, to get a driver's license, etc. into, in your mind,  permission to live in America for six months at a time.

 

In our thinking about visiting/immigrating, we created what we call our "litmus test".

It goes something like this - "If we went to Immigration/Airport and described exactly what we are thinking and doing, how would they react?"

 

Edited January 2, 2020 by Suze1

[Nitas_man 3,100]

No border IO is going to let a non-immigrant in if they say they are crossing over to move to the US 

 

OP’s been advised that her husband should file a petition and she should apply IR1 in her home country.  
 

This is not a student who met someone here or a girlfriend who suddenly decided to get married.  OP stated she crossed over on a visit visa to move here permanently (“moved to florida”).  

Edited January 2, 2020 by Nitas_man

[Nitas_man 3,100]

29 minutes ago, Jessjames14 said:

I’m not saying that it grants me rights to immigrate here but it’s proof our marriage is legitimate 

A legal marriage certificate is proof of a legitimate marriage.  Moving over on a visit visa is only proof of disregard for immigration rules.
 

[Marieke H 2,523]

3 minutes ago, Nitas_man said:

 

This is not a student who met someone here or a girlfriend who suddenly decided to get married.  OP stated she crossed over on a visit visa to move here permanently (“moved to florida”).  

Yes, I suspect that she moved here to avoid a long separation and make the immigration process easier. But there's also a chance that they really were just coming for a (very long) visit and changed their plans.

 

But we don't seem to be getting the full story here, and OP seems to be avoiding some questions...

[Suze1 366]

4 minutes ago, Nitas_man said:

A legal marriage certificate is proof of a legitimate marriage.  Moving over on a visit visa is only proof of disregard for immigration rules.
 

Yes, basically, with some caveat. It is evidence that can point to a legitimate marriage. It isn't sufficient to prove legitimacy, per se, immigration-wise.

Edited January 2, 2020 by Suze1

[Jessjames14 3]

8 minutes ago, Marieke H said:

Yes, I suspect that she moved here to avoid a long separation and make the immigration process easier. But there's also a chance that they really were just coming for a (very long) visit and changed their plans.

 

But we don't seem to be getting the full story here, and OP seems to be avoiding some questions...

This is the full story: 

my husband and I lived together for 3 years in Canada together (married for 2). We then both moved back in with our parents because my husband needs to move to the states because he has a genetic bone disease and needs a medication here, also his dad who is a Vietnam vet is sick so we wanted to come spend time with him and help take care of him.  My husband had the intention of moving here however I did not. We didn’t really know what the rules were. We were originally just going to stay on his dads property in a camper however it was mouldy when we got there. So my husband got an apartment. Which is where we are now.  

[Suze1 366]

Edit - "...Have you turned the right to seek permission to enter the US to visit...", not the "...right to visit...".

(Was not able to edit it in time.)

 

A visa or visa waiver conveys only the right to seek permission to enter...the REASONS/PLANS/ACTIVITIES for entering are still very important.

Edited January 2, 2020 by Suze1

[Jessjames14 3]

Just now, Jessjames14 said:

This is the full story: 

my husband and I lived together for 3 years in Canada together (married for 2). We then both moved back in with our parents because my husband needs to move to the states because he has a genetic bone disease and needs a medication here, also his dad who is a Vietnam vet is sick so we wanted to come spend time with him and help take care of him.  My husband had the intention of moving here however I did not. We didn’t really know what the rules were. We were originally just going to stay on his dads property in a camper however it was mouldy when we got there. So my husband got an apartment. Which is where we are now.  

I was under the impression that After filing the petition I could apply to adjust status so I would be able to stay here with him while it is being processed. However I realize now from you guys that is not the case and I must go back to Canada after my 6 month time is up.  However you guys mention a visitor visa.. I’m not sure if this apply to canadians? I was never issued a visitor visa?

 

3 minutes ago, Jessjames14 said:

This is the full story: 

my husband and I lived together for 3 years in Canada together (married for 2). We then both moved back in with our parents because my husband needs to move to the states because he has a genetic bone disease and needs a medication here, also his dad who is a Vietnam vet is sick so we wanted to come spend time with him and help take care of him.  My husband had the intention of moving here however I did not. We didn’t really know what the rules were. We were originally just going to stay on his dads property in a camper however it was mouldy when we got there. So my husband got an apartment. Which is where we are now.  

Also basically my husband said “you’re allowed to be here as long as you want you’re married to an American and your father in law lives here and you’re not working”.  Which I knew deep down wasn’t the case.  I knew there was a 6 month rule