I think I need to apply for an I-130?????

[brietayo 0]

I'm not sure where to begin but any help would be appreciated!

I've been in California for a while now and my husband has been waiting for his US citizenship for me to apply for my permanent residency (I'm Canadian) he just had his swear in a couple of weeks ago so I can finally apply but I'm here in California not in Canada and we just had a baby here a week ago:) so I'm not sure which form I need and if it's the I-130 there are some tricky questions on there and I'm not sure how to answer them.

I'm one confused Canuck j/k!!!

PLEASE HELP!!!

[trailmix 77]

I'm not sure where to begin but any help would be appreciated!

I've been in California for a while now and my husband has been waiting for his US citizenship for me to apply for my permanent residency (I'm Canadian) he just had his swear in a couple of weeks ago so I can finally apply but I'm here in California not in Canada and we just had a baby here a week ago:) so I'm not sure which form I need and if it's the I-130 there are some tricky questions on there and I'm not sure how to answer them.

I'm one confused Canuck j/k!!!

PLEASE HELP!!!

Yes, you will have to start with an I-130 - I would recommend you click on the Guides tab above and have a look at the K3 and CR1/IR1 visa information. How long have you been in the U.S.?

It's unlikely you will be able to reside in the U.S. while awaiting your visa, but the guides will help you to sort that out, don't hesitate to ask questions - welcome and congratulations on the new baby!

Edited June 5, 2008 by trailmix

[brietayo 0]

Yes, you will have to start with an I-130 - I would recommend you click on the Guides tab above and have a look at the K3 and CR1/IR1 visa information. How long have you been in the U.S.?

It's unlikely you will be able to reside in the U.S. while awaiting your visa, but the guides will help you to sort that out, don't hesitate to ask questions - welcome and congratulations on the new baby!

Thanks for your quick reply:) I've been here for about 5 years and I hope I don't have to go back while I wait that would be next to impossible. I spoke to a lawyer and he said he could have everything for me in 90days but of course I have to pay him $2500.00 or more so I'm trying to decide if it's just a way to get my money then once he gets a commitment he will say it's more complicated then that or if he is serious...

[~Laura and Nick~ 5]

Um question, how exactly are you in the U.S. legally?

[brietayo 0]

Um question, how exactly are you in the U.S. legally?

I make sure I go back and forth in time but I can't do that now because I have a newborn so you see my dilema!

[Kathryn41 3,205]

Do you have a legal status here in the US? Or have you just been living here without some sort of legal status? If the latter, then do not leave the country to go back to Canada, and do start that paperwork as soon as your husband becomes a US citizen. He will need to file the I-130 and you will need to file an I-485 AOS package as soon as you can. If you leave the US and have been living here for more than a year without some sort of legal status you would be subject to a 10 year ban. That will be forgiven once you get your green card through marriage to a US citizen, but it is easier to accomplish from within the US than from without.

Regarding the I-130 - you have to answer every question honestly even if it seems like it might have a negative impact. To answer untruthfully is considered misrepresentation and could lead to a denial and a life ban from the US. There are waivers for most other challenges, but if you have been living here without status, you need to record that as well. Be accurate and be honest. It is the only way to deal with USCIS - anything else will bring problems you don't even want to think about!

[Reba 2]

What do you mean you "go back and forth in time"? You go back to Canada and turn around every 6 months or something? This still isn't entirely legal, and I'd make the same suggestion as Kathryn and DO NOT LEAVE THE US. Do the I-130 with the AOS package and stay here until its done.

**edit to add**

Oh, and how did your husband gain his citizenship? Did you meet him here in the US when you were visiting, or ???

Edited June 6, 2008 by Reba

[trailmix 77]

What do you mean you "go back and forth in time"? You go back to Canada and turn around every 6 months or something? This still isn't entirely legal, and I'd make the same suggestion as Kathryn and DO NOT LEAVE THE US. Do the I-130 with the AOS package and stay here until its done.

**edit to add**

Oh, and how did your husband gain his citizenship? Did you meet him here in the US when you were visiting, or ???

I find this confusing, so maybe you guys can explain this. As you know, we have at least 2 people in the Canada forum who have had a ban because they attempted to get married and AOS.

So we are always advising people not to do this, however in the OP's situation she is already well and truly ensconced in the U.S. - so I hear what you all are saying, however, how does this differ?

I guess my question is, when a CO is looking at their application, since we haven't determined what the OP's original intent was, how can you be sure she won't end up with some sort of ban?

[Marilyn. 340]

What do you mean you "go back and forth in time"? You go back to Canada and turn around every 6 months or something? This still isn't entirely legal, and I'd make the same suggestion as Kathryn and DO NOT LEAVE THE US. Do the I-130 with the AOS package and stay here until its done.

**edit to add**

Oh, and how did your husband gain his citizenship? Did you meet him here in the US when you were visiting, or ???

I find this confusing, so maybe you guys can explain this. As you know, we have at least 2 people in the Canada forum who have had a ban because they attempted to get married and AOS.

So we are always advising people not to do this, however in the OP's situation she is already well and truly ensconced in the U.S. - so I hear what you all are saying, however, how does this differ?

I guess my question is, when a CO is looking at their application, since we haven't determined what the OP's original intent was, how can you be sure she won't end up with some sort of ban?

it differs because she is already here...

a lot of people go to the US and then get married and adjust status but like you said it all about the intent about entry..

[trailmix 77]

it differs because she is already here...

a lot of people go to the US and then get married and adjust status but like you said it all about the intent about entry..

But if someone decides to enter the U.S. and do an AOS, then they are 'already here' (assuming they get across the border).

However since no one has asked the OP what her intent was, why is she being advised to just AOS. I'm not saying she shouldn't, I just don't understand how her situation differs from all the others where people say don't do it?

Edited June 6, 2008 by trailmix

[Eric_and_Corinna 0]

What do you mean you "go back and forth in time"? You go back to Canada and turn around every 6 months or something? This still isn't entirely legal, and I'd make the same suggestion as Kathryn and DO NOT LEAVE THE US. Do the I-130 with the AOS package and stay here until its done.

**edit to add**

Oh, and how did your husband gain his citizenship? Did you meet him here in the US when you were visiting, or ???

I find this confusing, so maybe you guys can explain this. As you know, we have at least 2 people in the Canada forum who have had a ban because they attempted to get married and AOS.

So we are always advising people not to do this, however in the OP's situation she is already well and truly ensconced in the U.S. - so I hear what you all are saying, however, how does this differ?

I guess my question is, when a CO is looking at their application, since we haven't determined what the OP's original intent was, how can you be sure she won't end up with some sort of ban?

Trailmix, when do people find out they're "banned" from the US? Is it at the border upon entry, or is it during the Consular interview? I'm concerned that my wife and I are waiting for this to be done, and in the end it will result in her being banned because she was with me in the US (for less than 180 days) without us posessing the proper visa. We had no idea this entire process needed to be done (no excuse) but I don't know how they will look at it...

[Marilyn. 340]

What do you mean you "go back and forth in time"? You go back to Canada and turn around every 6 months or something? This still isn't entirely legal, and I'd make the same suggestion as Kathryn and DO NOT LEAVE THE US. Do the I-130 with the AOS package and stay here until its done.

**edit to add**

Oh, and how did your husband gain his citizenship? Did you meet him here in the US when you were visiting, or ???

I find this confusing, so maybe you guys can explain this. As you know, we have at least 2 people in the Canada forum who have had a ban because they attempted to get married and AOS.

So we are always advising people not to do this, however in the OP's situation she is already well and truly ensconced in the U.S. - so I hear what you all are saying, however, how does this differ?

I guess my question is, when a CO is looking at their application, since we haven't determined what the OP's original intent was, how can you be sure she won't end up with some sort of ban?

Trailmix, when do people find out they're "banned" from the US? Is it at the border upon entry, or is it during the Consular interview? I'm concerned that my wife and I are waiting for this to be done, and in the end it will result in her being banned because she was with me in the US (for less than 180 days) without us posessing the proper visa. We had no idea this entire process needed to be done (no excuse) but I don't know how they will look at it...

she was still legal though.. a Canadian can spend up to 6 months in the US.... i wouldn't worry about her being banned..

I got banned for a year when I tried to cross at the border... because I had gotten the advice form a lawyer that I should go to the US and get married and then apply for AOS.. which is a big no-no.. you can't go to the US with the intent of getting married and applying for AOS...

Edited June 6, 2008 by *Marilyn*

[Eric_and_Corinna 0]

What do you mean you "go back and forth in time"? You go back to Canada and turn around every 6 months or something? This still isn't entirely legal, and I'd make the same suggestion as Kathryn and DO NOT LEAVE THE US. Do the I-130 with the AOS package and stay here until its done.

**edit to add**

Oh, and how did your husband gain his citizenship? Did you meet him here in the US when you were visiting, or ???

I find this confusing, so maybe you guys can explain this. As you know, we have at least 2 people in the Canada forum who have had a ban because they attempted to get married and AOS.

So we are always advising people not to do this, however in the OP's situation she is already well and truly ensconced in the U.S. - so I hear what you all are saying, however, how does this differ?

I guess my question is, when a CO is looking at their application, since we haven't determined what the OP's original intent was, how can you be sure she won't end up with some sort of ban?

Trailmix, when do people find out they're "banned" from the US? Is it at the border upon entry, or is it during the Consular interview? I'm concerned that my wife and I are waiting for this to be done, and in the end it will result in her being banned because she was with me in the US (for less than 180 days) without us posessing the proper visa. We had no idea this entire process needed to be done (no excuse) but I don't know how they will look at it...

she was still legal though.. a Canadian can spend up to 6 months in the US.... i wouldn't worry about her being banned..

I got banned for a year when I tried to cross at the border... because I had gotten the advice form a lawyer that I should go to the US and get married and then apply for AOS.. which is a big no-no.. you can't go to the US with the intent of getting married and applying for AOS...

She was still legally under the time limit, but you never know. I'm hoping that the fact that we've done everything we were told to do by the CBP officer since her denial will placate the CO, but you never know...I've started checking out jobs here in Ontario just in case

[Marilyn. 340]

hey I got my visa and I was denied entry and banned for a year..

I was truthful when I filled out the forms, made sure to mention the denial and banning and it just came up in passing at the interview.. the guy just asked me," so did you have any other trouble besides that one time?" (or some question to that effect)

[Eric_and_Corinna 0]

hey I got my visa and I was denied entry and banned for a year..

I was truthful when I filled out the forms, made sure to mention the denial and banning and it just came up in passing at the interview.. the guy just asked me," so did you have any other trouble besides that one time?" (or some question to that effect)

We listed it in the forms sent back to the Montreal Consulate, or it may actually be in the DS 230. Either way, we plan on bringing the paperwork with us to the interview, and the last thing we're going to do it hide it!