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KIM100

Anybody else been in a similar situation? Advice?

By KIM100 in Canada

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KIM100 Newbie

KIM100   0

Posted
Filed: Timeline
Posted

I am a USC married to a Canadian Citizen. We got married in the US and want to apply for AOS. I met my spouse in the US last year. He has been living in the US for the last 5 years. Also, he has been working in the US illegally and filing tax returns. What would the implications be if we did apply for AOS? What would be the bestway to legalize my spouse without him having to leave the country?

Will there be a problem because he has been residing in the US for the last 5 years? Also, when he originally entered the US, he just drove over the border. SO there is no documentation indicating when he arrived.

Any advice would greatly be appreciated.

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sara..... Mentor

sara.....   371

Posted
Filed: IR-1/CR-1 Visa Country: Egypt
 Timeline
Posted
I am a USC married to a Canadian Citizen. We got married in the US and want to apply for AOS. I met my spouse in the US last year. He has been living in the US for the last 5 years. Also, he has been working in the US illegally and filing tax returns. What would the implications be if we did apply for AOS? What would be the bestway to legalize my spouse without him having to leave the country?

Will there be a problem because he has been residing in the US for the last 5 years? Also, when he originally entered the US, he just drove over the border. SO there is no documentation indicating when he arrived.

Any advice would greatly be appreciated.

i dont have any idea but im sure someone will know at least where to begin ............but i wanted to wish u good luck and i hope it all turns out great for u.........

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IR5FORMUMSIE Grand Master

IR5FORMUMSIE   850

Posted
Filed: Other Country: Canada
 Timeline
Posted
I am a USC married to a Canadian Citizen. We got married in the US and want to apply for AOS. I met my spouse in the US last year. He has been living in the US for the last 5 years. Also, he has been working in the US illegally and filing tax returns. What would the implications be if we did apply for AOS? What would be the bestway to legalize my spouse without him having to leave the country?

Will there be a problem because he has been residing in the US for the last 5 years? Also, when he originally entered the US, he just drove over the border. SO there is no documentation indicating when he arrived.

Any advice would greatly be appreciated.

How was he filing tax returns if he was in the US as a visitor? The USCIS has a record of all entries to the US, they just don't have a record for exits unless the visitor was on some sort of visa that required the surrendering of it before leaving the US. Overstaying a B2 for 54 mos. might be a problem, that and the working illegally. Maybe someone has some good advice but all I can think of is to contact a good immigration lawyer. Sounds like you are going to need one.

IR5

2007-07-27 – Case complete at NVC waiting on the world or at least MTL.

2007-12-19 - INTERVIEW AT MTL, SPLIT DECISION.

2007-12-24-Mom's I-551 arrives, Pop's still in purgatory (AP)

2008-03-11-AP all done, Pop is approved!!!!

tumblr_lme0c1CoS21qe0eclo1_r6_500.gif

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Earmuffs Community Regular

Earmuffs   1

Posted
Filed: AOS (apr) Country: Canada
 Timeline
Posted

why the hell is he filing taxes if hes working illegally?

AOS Timeline

12/05/2007 - Mailed AOS package

07/03/2008 - Received Welcome Letter and Green Card in Mail.

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Reba Experienced

Reba   2

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Filed: Other Timeline
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Lots of illegals do. Even with fake SSNs.

I'd say that if he's been here in the US illegally for 5 years, and working illegally, you will defintely need to at least consult with a competent lawyer.

divorced - April 2010 moved back to Ontario May 2010 and surrendered green card

PLEASE DO NOT PRIVATE MESSAGE ME OR EMAIL ME. I HAVE NO IDEA ABOUT CURRENT US IMMIGRATION PROCEDURES!!!!!

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warlord Proficient

warlord   72

Posted
Filed: Citizen (pnd) Country: Canada
 Timeline
Posted

Yes you have some major Red Flags on this one. If he is working in the US illegally that can really screw up your process all along the lines. You do realize he is risking a deportation and possible ban from the US for doing what he is doing. You also would be indicted possibly as harboring an illegal alien yourself. So you as well could really get into some serious problems with the authorities...

I'm just a wanderer in the desert winds...

Timeline

1997

Oct - Job offer in US

Nov - Received my TN-1 to be authorized to work in the US

Nov - Moved to US

1998-2001

Recieved 2nd, 3rd, 4th, 5th TN

2002

May - Met future wife at arts fest

Nov - Recieved 6th TN

2003

Nov - Recieved 7th TN

Jul - Our Wedding

Aug - Filed for AOS

Sep - Recieved EAD

Sep - Recieved Advanced Parole

2004

Jan - Interview, accepted for Green Card

Feb - Green Card Arrived in mail

2005

Oct - I-751 sent off

2006

Jan - 10 year Green Card accepted

Mar - 10 year Green Card arrived

Oct - Filed N-400 for Naturalization

Nov - Biometrics done

Nov - Just recieved Naturalization Interview date for Jan.

2007

Jan - Naturalization Interview Completed

Feb - Oath Letter recieved

Feb - Oath Ceremony

Feb 21 - Finally a US CITIZEN (yay)

THE END

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Chica Yeyé Grand Master

Chica Yeyé   41

Posted
Filed: Timeline
Posted
Yes you have some major Red Flags on this one. If he is working in the US illegally that can really screw up your process all along the lines. You do realize he is risking a deportation and possible ban from the US for doing what he is doing. You also would be indicted possibly as harboring an illegal alien yourself. So you as well could really get into some serious problems with the authorities...

Ditto all of those. You need to consult and attorney my dear friend; and fast. Before filing anything.

good luck!

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warlord Proficient

warlord   72

Posted
Filed: Citizen (pnd) Country: Canada
 Timeline
Posted (edited)

Now things do get waived once you are married and applying for AOS, but that is generally things like entering the country illegally (saying it's a vacation but really intend on marriage) or things such as that. 5 years though is a very long time. You might get lucky, definatly do the lawyer for this as everyone has suggested.

If he ever plans, however, to apply for citizenship then this will have a huge bearing on it and will most likely be denied. So he might have to be stuck on a green card from here on out if you are lucky to even get that far.

The big issue now is you are knowingly and willfully harboring an illegal as he is still an illegal alien, marriage or not at this point. So you seriously could be facing some very stiff charges. So make sure you get a very competent lawyer...

Edited by warlord

I'm just a wanderer in the desert winds...

Timeline

1997

Oct - Job offer in US

Nov - Received my TN-1 to be authorized to work in the US

Nov - Moved to US

1998-2001

Recieved 2nd, 3rd, 4th, 5th TN

2002

May - Met future wife at arts fest

Nov - Recieved 6th TN

2003

Nov - Recieved 7th TN

Jul - Our Wedding

Aug - Filed for AOS

Sep - Recieved EAD

Sep - Recieved Advanced Parole

2004

Jan - Interview, accepted for Green Card

Feb - Green Card Arrived in mail

2005

Oct - I-751 sent off

2006

Jan - 10 year Green Card accepted

Mar - 10 year Green Card arrived

Oct - Filed N-400 for Naturalization

Nov - Biometrics done

Nov - Just recieved Naturalization Interview date for Jan.

2007

Jan - Naturalization Interview Completed

Feb - Oath Letter recieved

Feb - Oath Ceremony

Feb 21 - Finally a US CITIZEN (yay)

THE END

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itsallgreektome Explorer

itsallgreektome   0

Posted
Filed: Country: Canada
 Timeline
Posted

Hi,

I think that the advice you have gotten is very good. I think that you will have to answer alot of very difficult questions. You might want to think about living in Canada as a option as well. It really doesn't sound good for your situation. Again, I'm not an expert but based on the little that I know you are doing something so wrong. Did it not occur to you that you are doing something that is "just not right"? I really do wish you alot of luck in this case. You might want to try praying as well. Just a suggestion.

I-130

06-16-07 - I-130 sent

06-26-07 - I-130 NOA1 rec'd

12-03-07 - I-130 approved

I-824

12-17-07 - sent I-824 to california

12-28-07 - NOA for I-824

04-09-08 - NOA - file transfering to NVC

04-22-09 - called NVC-"haven't rec'd file as of yet". I was told to wait till I get the next action and then write a letter to them stating "will be persueing AOS"

I-129F

07-13-07 - I-129 sent

07-19-07 - I-129 NOA1 rec'd

12-03-07 - I-129 approved

01-02-08 - rec'd letter from NVC "will be sending i-129f to Montreal"

01-17-08 - rec'd Package 3

mailed Police Search Request to Hamilton Police Dept. with $40- money order

01-22-08 - mailed Package 3 to Montreal (checklist, ds-230 with attachments,

ds-156 filled out application ONCE but sent 2 copies)

03-29-08 - picked up police search results (came up negative....which is good)

02-04-08 - got medical done Dr Seiden Toronto Ontario

04-04-08 - picked up medial results from doctor's office - xrays of my chest and sealed envelope

13-04-08 - going to Montreal by car with my girlfriend-staying at hotel across from embassy, staying for 2 nights

04-14-08 - INTERVIEW DATE - Approved

04-16-08 - Rec'd passport back from embassy

04-21-08 - Port of Entry - Sarnia Ontario

EAD

05-02-08 - Sent I-765 to California

05-06-08 - NOA - California rec'd I-765 (work auth)

08-21-08 - Biometerics appt - took 5 minutes once we got there NOT ENOUGH SPACE TO FINISH MY JOURNEY............

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~Laura and Nick~ Mentor

~Laura and Nick~   5

Posted
Filed: Lift. Cond. (apr) Country: Canada
 Timeline
Posted

Wow. :blink:

Working and living there ILLEGALLY and filing taxes?

I'll just keep my thoughts to myself on this one. :angry:

You'll need a lot of luck with this one I'm afraid.

Let's Keep the Song Going!!!

CANADA.GIFUS1.GIF

~Laura and Nicholas~

IMG_1315.jpg

Met online November 2005 playing City of Heroes

First met in Canada, Sept 22, 2006 <3

September 2006 to March 2008, 11 visits, 5 in Canada, 6 in NJ

Officially Engaged December 24th, 2007!!!

Moved to the U.S. to be with my baby on July 19th, 2008 on a K1 visa!!!!

***10 year green card in hand as of 2/2/2012, loving and living life***

Hmmm maybe we should move back to Canada! lol smile.png

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Flames9_RN Grand Master

Flames9_RN   358

Posted
Filed: IR-1/CR-1 Visa Country: Canada
 Timeline
Posted

Not much here we can do, except say to find a VERY good lawyer,not the guys u see on TV,lol And one one might want to think about moving to Canada. If one KNOWS they were here illegally, well, what can ya say, you make the bed, ya sleep in it!! I dont mean that in a harsh way, but if he grew up in Canada, he must have a decent education and be able to figure things out. Best of luck

Canadians Visiting the USA while undergoing the visa process, my free advice:

1) Always tell the TRUTH. never lie to the POE officer

2) Be confident in ur replies

3) keep ur response short and to the point, don't tell ur life story!!

4) look the POE officer in the eye when speaking to them. They are looking for people lieing and have been trained to find them!

5) Pack light! No job resumes with you

6) Bring ties to Canada (letter from employer when ur expected back at work, lease, etc etc)

7) Always be polite, being rude isn't going to get ya anywhere, and could make things worse!!

8) Have a plan in case u do get denied (be polite) It wont harm ur visa application if ur denied,that is if ur polite and didn't lie! Refer to #1

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