Sticky situation

[Reba 2]

I appreciate all the many responses. Luckily, and with many prayers, the situation has been rapidly resolved. I spoke with a friend I knew from Yahoo who had a similar situation and referred me to her attorney. Bringing my husband into the U.S. on a visitor visa and then filing for AOS is actually perfectly legal. The only problem would lie in getting over the border. Once that hurdle is crossed, there is no need for us to be separated or to file any other visas. The other woman that I have been speaking with both on the telephone and via messenger was a great comfort. She advises myself and anyone else in an immigration situation not to attempt the paperwork and hassle yourself but to hire a competent attorney. A few thousand dollars and forms filed together got her husband from I-130 to Green Card interview in two months. I'm not expecting anything as quick as hers, but there is no way this has to take a year or more either. That's insane. I'm willing to dole out that kind of cash. I'm not going to let the paperwork and the headaches and the stress get to me right now, especially when I'm pregnant. We are just going to give it all to a lawyer and let it be handled from there.

In addition to this, my husband's company has agreed to hire him on at their Georgia location. We are keeping our fingers crossed about this until we get the reassignment papers in our hands.

Thank you for your responses and I wish each of you the best of luck with your own situations.

As previously mentioned by someone else, no this is not entirely legal, and not entirely as easy as it sounds.

First, your husband will not be able to work for possibly several months if this is the route you intend to go. The likelihood of him receivng a green card in just two months is slim to none, and honestly, a lawyer can't speed up that process at all. It goes as quick or slowly as it goes, and every district office is working on different timelines. For instance, Atlanta GA office is only now working on Adjustment applications that were sent in in January of this year and employment authorization applications from April of this year. Can you and your husband survive if he cannot work for 3 months or more? btw, you'd still need someone to sponsor, which if I recall from previous posts, you've said you don't have.

Will your husband's company, willing as they are to reassign him, be willing to wait for 3 months until he's eligible to work legally?

TN is legally not an option because of the intent to immigrate at the outset. Yes, TN visas are generally eligible to adjust status *after* one has already been in the US for some time *if* the hiring company wishes to sponsor the green card, or if they get married to a US citizen *after* arrival. As you're already married, and expecting a baby, an application for a TN visa now could prove more than a little bit tricky.

Here's a website with some info on TN visas and this leads directly to their page that lists some reasons that TN visas are denied. http://www.tnvisaexpert.com/articles/top3_mistakes/ One reason being of course, intent to immigrate.

[misa 2]

The only "fast" way to immigrate is reserved for First Nations. Thought I'd throw the link here for the OP on the chance that her husband qualifies:

http://www.visajourney.com/forums/index.php?showtopic=78847

[Acidreign 0]

Fret not. We have enough money to survive for a year at least with neither of us working if it came to that. That isn't too much of a concern. I must throw in as well that I'm college educated and perfectly capable of working within the U.S. while waiting for proceedings. I think I mentioned in my original post that I did not expect our case to necessarily go as quickly as my friend's did, although that would be nice.

The lawyer said it was fine to enter the U.S. however we need to. Personally, I do not find the strict immigration policies for spouses of U.S. citizens to be in the least bit fair and I'll cross the border however I need to in order to have my husband with me. I'm just not going to be one of those people who is separated from their spouse for the better part of a year over confusion of how best to enter the U.S. I understand the tragic need to do that when one's spouse is coming from a country which does not automatically grant a visitor visa. Canada does grant this visa. Canadians are assumed to be on a visitor's visa when they cross the border and it is legal to file for an AOS while on that visa. If the law is on our side, I do not see how anything should be fraudulent. My husband has never once been asked at the border "Sir,do you plan to immigrate or file paperwork to immigrate while in the U.S.?" For all practical purposes we are visiting family and that couldn't be more true. Also there is the job, so we would have to be down there anyway. It's so close to my hometown it all seems...well...almost divine.

And although I understand why some people would believe that using a lawyer isn't quicker and anyone can file these forms (very true) it must be taken into consideration that the layperson (no matter how much research he or she does because a lot of what one reads is either confusing or just plain inaccurate) isn't as adept or experienced at either understanding the forms, knowing what all can be filed at once, filing in the right area, etc. There are all manner of mistakes that can be made. Although I do have faith in my ability to understand simple forms, I'm just not taking chances. I know a girl who had a great experience through a lawyer and therefore plan to go that route. It just makes more sense to me to use a lawyer if its an option financially.

Thank you for those with the kind wishes, the good luck, and the positive outlook. May your situations come to the best possible resolutions and that goes for all of you.

[Flames9_RN 358]

Best of luck!! Hope it works out for ya, and if I read it correctly, he is just going to enter the USA on a visitors visa then AOS!! Knowingly doing that is fraud! And you will only have urself to blame if it doesn't work. Chances are it will go through fine,but if it doesn't, well,won't be a pretty situation, but thats ur choice.

We used a lawyer, and if ur case is straight forward, all they are is an expensive proof reader(You did mention ur college edumacated, so I assume you can read)!! VJ is a super free resource! Hope it works for ya!! Keep in mind while he comes to the USA and starts the AOS process, he best not go back to Canada until you reach a certain part of the process ( i didnt go this route) otherwise he may be denied entry! This includes to see sick friends/family members, funerals!! Just something to think about. Enjoy your visa travels!!

[Reba 2]

Also there is the job, so we would have to be down there anyway. It's so close to my hometown it all seems...well...almost divine.

How long are they going to hold that job for him? He won't be able to work for several months without employment authorization, and he won't be able to get a SSN until he's got the EAD. Will his employer hold that job open for 3 or 4 or 6 months?