Serious problem...i believe o.o

[Isabel 0]

Hello guys:)

I havent been on the forum for a while now, so I guess I am very much out of the loop. Since I immigrated to the US I have had a little daughter and my marriage with my hubby works out great. I am very greatful for that! So everyone who is still in the process HANG in there! I know it is tough!

But concerning my problem:

We have met a young family along the way here. They are kind and everything but they have got a problem. She is canadian, he is the US citizen. She has been in the states for 3 years now. She came to the US 3 years ago and they both married here in the states, not knowing that they had to file any immigration paperwork. Well, anyway. She obviously doesnt have a legal status. So last year in february when they found out that they actually have to file for that they started the proccess. They filled out an I 130 and sent it away. They did not include the I 94 info but stated that she was in the states as a visitor....which is not really true, since she lives with him here. Anyway they sent the form back to them but not because that info was missing, no they wanted proof that the marriage was legally done in the states. Ok....so I am very much confused now. Both of them didnt persue it from that point on....lazyness I guess, dont know.

Anyway it makes me angry on one hand and on the other hand I'd like to help them out to get finally started.

So I read over the filing instructions of the I 130 and didnt see anything that she cannot be living with him in the US while she files. So is it ok? I always thought you have to be seperated for that

I asked them to call the local immigration office around here and explain the situation to find out where to start and what to do. They are both afraid they get seperated...especially her, she is very co- dependant.

I know this is a hot topic but I also know you guys are the experts since most of you are still in the process. I have no idea if there are any options for them at all?

Please let me know what you think. I'd really appreciate it. Cos I am out of ideas.

Isabel

Edited April 14, 2008 by Isabel

[MsZ 6]

They should see a lawyer.

[Isabel 0]

They should see a lawyer.

Think that would help? How? Other than costing alot of money what can a lawyer do?

Sorry for the stupid question I just dunno how a lawyer could help em

[Gaby&Talbert 1]

So where are they now in their process? Did they get an RFE for proof they were married in the US and she was here legally when they married?

[Minya's wife 24]

Visa overstays are forgiven with a marriage to a US citizen. They can and perhaps would benefit from consulting an attorney, because it seems they do not know what they're doing...and third person assistance will be of no benefit to them.

They need to file the I-130 and the I-485...along with the EAD(Employment Authorization) and AP (Advance Parole) petitions. The EAD and AP are optional documents....the first two are not and need to be filed together. I would suggest that your friends log on to VJ and look at the guides to get better informed, and perhaps they should look into a consultation w/ a qualified immigration lawyer. A simple consultation, where they will get a lot of good information applicable to their particular case is not that expensive(there are even agencies that offer free immigration legal advice), and it is in their best interest to get this resolved.

Good luck,

-P

[Isabel 0]

So where are they now in their process? Did they get an RFE for proof they were married in the US and she was here legally when they married?

yes they got that paperwork but did not go any further I have no idea why??? Anyway they have all the papaerwork here...I have it sitting in front of me. They just never sent it back...which pretty much means its denied and they have to start over right?

So if she was legal when they married does that make a difference?

Visa overstays are forgiven with a marriage to a US citizen. They can and perhaps would benefit from consulting an attorney, because it seems they do not know what they're doing...and third person assistance will be of no benefit to them.

They need to file the I-130 and the I-485...along with the EAD(Employment Authorization) and AP (Advance Parole) petitions. The EAD and AP are optional documents....the first two are not and need to be filed together. I would suggest that your friends log on to VJ and look at the guides to get better informed, and perhaps they should look into a consultation w/ a qualified immigration lawyer. A simple consultation, where they will get a lot of good information applicable to their particular case is not that expensive(there are even agencies that offer free immigration legal advice), and it is in their best interest to get this resolved.

Good luck,

-P

TY so much for that advice I will let them know. And I am surprised that this is forgivable. That is awesome. BTW what is Advanced parole?

Greets Isabel

[✿Ice Rain✿ 0]

Hi,

If lawyer is not on their priority list, then maybe start doing research and readings about how immigration process their case. Its certainly complicated..

I hope they could fix it.

They should see a lawyer.

Think that would help? How? Other than costing alot of money what can a lawyer do?

Sorry for the stupid question I just dunno how a lawyer could help em

[Gaby&Talbert 1]

So where are they now in their process? Did they get an RFE for proof they were married in the US and she was here legally when they married?

yes they got that paperwork but did not go any further I have no idea why??? Anyway they have all the papaerwork here...I have it sitting in front of me. They just never sent it back...which pretty much means its denied and they have to start over right?

So if she was legal when they married does that make a difference?

How long ago did they get the RFE?

[Isabel 0]

So where are they now in their process? Did they get an RFE for proof they were married in the US and she was here legally when they married?

yes they got that paperwork but did not go any further I have no idea why??? Anyway they have all the papaerwork here...I have it sitting in front of me. They just never sent it back...which pretty much means its denied and they have to start over right?

So if she was legal when they married does that make a difference?

How long ago did they get the RFE?

June 15th 2007 and they were given till sept 07, 2007 and they f'd it up. So start over right?

[Gaby&Talbert 1]

I think the USC should make sure that USCIS has closed the case first. Then read the guidelines here for filing I-130 and AOS together. She has to be able to prove she was here legally when they married and that she hasn't left the country since she entered and was married. Remember to do this she would have had to enter the US without intent to marry but married while here and did not leave. She will have to convince USCIS of this to be approved.

[pushbrk 12,106]

So where are they now in their process? Did they get an RFE for proof they were married in the US and she was here legally when they married?

yes they got that paperwork but did not go any further I have no idea why??? Anyway they have all the papaerwork here...I have it sitting in front of me. They just never sent it back...which pretty much means its denied and they have to start over right?

So if she was legal when they married does that make a difference?

How long ago did they get the RFE?

June 15th 2007 and they were given till sept 07, 2007 and they f'd it up. So start over right?

Yes, start over with the I-130 and status adjustment. See the AOS guide. They'll file not just the I-130 but the I-485 at minimum and probably the EAD and AP documents as well. There are only fees for the I-130 and I-485.

At least a consultation with an attorney would be a good idea. They don't have to hire one to do the work.

This is in the CR1 visa forum. She doesn't need a visa because she's already here.

Edited April 14, 2008 by pushbrk

[Isabel 0]

I think the USC should make sure that USCIS has closed the case first. Then read the guidelines here for filing I-130 and AOS together. She has to be able to prove she was here legally when they married and that she hasn't left the country since she entered and was married. Remember to do this she would have had to enter the US without intent to marry but married while here and did not leave. She will have to convince USCIS of this to be approved.

alright to make things really complicated: she did go to canada again to visit her family after they got married. Does that make the whole thing worse? What does that change?

[Isabel 0]

I think the USC should make sure that USCIS has closed the case first. Then read the guidelines here for filing I-130 and AOS together. She has to be able to prove she was here legally when they married and that she hasn't left the country since she entered and was married. Remember to do this she would have had to enter the US without intent to marry but married while here and did not leave. She will have to convince USCIS of this to be approved.

Ya i read that and that seems fitting. The problem is they came to america and married figuring that she gets a greencard just because they married and they dont have to file for anything. Well when she left and visited her family and re entered she ran into some trouble at the POE and she only got in because her hubby was in the military at that time. She, however, got the oder not to leave the states anymore. So since then she has been here.

Did she have to have a tourist visa when she came to the states? Dunno how it works with canada. I know she just came in with her passport no visa whatsoever. But she did get a stamp and that I 94. So i guess she was legal.

Edited April 14, 2008 by Isabel

[Minya's wife 24]

I think the USC should make sure that USCIS has closed the case first. Then read the guidelines here for filing I-130 and AOS together. She has to be able to prove she was here legally when they married and that she hasn't left the country since she entered and was married. Remember to do this she would have had to enter the US without intent to marry but married while here and did not leave. She will have to convince USCIS of this to be approved.

alright to make things really complicated: she did go to canada again to visit her family after they got married. Does that make the whole thing worse? What does that change?

This may be a problem. Again, your friends need to do research on their own and if they can't understand things, they can get the help of an attorney. It sounds like they're just very laid-back about this whole thing...and they don't seem to care or want to find out what they need to do. This is the wrong approach and it may cause more problems in the future. How could they think that just by marrying the wife will get a green-card? Is there a country where its that easy to gain residency....without filling out any paperwork?

Please counsel your friends to get on VJ directly to become more informed, and they should at this point seek the assistance of a qualified lawyer. I don't know, but it could cause problems that she has left the country and returned since marrying? They may very well have to apply for a spousal visa (IR/CR1 or K3) and she may have to return there to inverview. I think leavin g the country negates the option of filing for Adjustment of Status while in the US.

-P

[MsZ 6]

It is surprising that they didn't do anything about this before -- how are they filing taxes? Does she have a tax id? How about working? No SS#. No greencard. Nothing.

And is she still filing taxes in Canada?