divorce problem

[sutlaj485 0]

I am Canadian citizen. My father sponsored me in 2005 for US while he was on green card. The petition was approved.

I got married with US citizen in 2008 in Canada and moved here as visitor and file adjustment of status.

I got work permit and advance parole.

On June 2009 we had 485 interview but my wife did not go with me because of some personal reason.I missed the interview.

Now I am breaking up with her and I want to reactive my father petition. Now he is American citizen.

And I am also residing in USA.

Thanks for everyone please help.

much much thanks

[KarenCee 3]

Wow...you married an American in 2008...IN Canada...and then came to the U.S. on a visitor's visa???? How did you manage to do that and file for a work permit and AP without having come to the U.S. on a spousal visa? Maybe I am missing something here?

I do think that missing an AOS interview means one is out of status. So going by what you say it appears to me that you are out of status.

Methinks you will need a good immigration attorney...if for nothing than a consultation. I'm not sure how you can accomplish your goal. I'm thinking you'll have to go back to Canada and if your father (who you say is now an American Citizen) will have to apply for you as an Immediate Relative.

[sutlaj485 0]

Wow...you married an American in 2008...IN Canada...and then came to the U.S. on a visitor's visa???? How did you manage to do that and file for a work permit and AP without having come to the U.S. on a spousal visa? Maybe I am missing something here?

I do think that missing an AOS interview means one is out of status. So going by what you say it appears to me that you are out of status.

Methinks you will need a good immigration attorney...if for nothing than a consultation. I'm not sure how you can accomplish your goal. I'm thinking you'll have to go back to Canada and if your father (who you say is now an American Citizen) will have to apply for you as an Immediate Relative.

I filed AOS(I-485,I-131,I-765) when i came in canada as visiton.

[Lona.C. 16]

this is confuessing

you say your father sponserd you and it got aproved , did you get a visa or green card to show your here legaly ?

and yes like the previouse poster asked how did you get to the US if you got married in canada , you say you came as a visitor and now filling for AOS ( correct me if I'm wrong , but since you where already married and arrived as a visitor shouldnt you have filled for a k3 spousal visa instead of AOS ? isnt that visa fraud if someone whos already married arives as a visitor then files AOS ??

like I said this is confuessing

[aaron2020 11,651]

I am Canadian citizen. My father sponsored me in 2005 for US while he was on green card. The petition was approved.

I got married with US citizen in 2008 in Canada and moved here as visitor and file adjustment of status.

I got work permit and advance parole.

On June 2009 we had 485 interview but my wife did not go with me because of some personal reason.I missed the interview.

Now I am breaking up with her and I want to reactive my father petition. Now he is American citizen.

And I am also residing in USA.

Thanks for everyone please help.

much much thanks

If the petition filed by your father was withdrawn, there is nothing that you can do to reactivate it. If you got married before your father became a USC, then the petition is dead and cannot be reactivated. You will have to start over.

The only way that the petition filed for your father is still good is if you got married after your father became a USC and you or your father never requested it to be withdrew.

You cannot stay in the US based on your petition from your father if it is still valid.

Go see a lawyer. It seems like you have a complex situation and you have not given enough facts.

[sutlaj485 0]

this is confuessing

you say your father sponserd you and it got aproved , did you get a visa or green card to show your here legaly ?

and yes like the previouse poster asked how did you get to the US if you got married in canada , you say you came as a visitor and now filling for AOS ( correct me if I'm wrong , but since you where already married and arrived as a visitor shouldnt you have filled for a k3 spousal visa instead of AOS ? isnt that visa fraud if someone whos already married arives as a visitor then files AOS ??

like I said this is confuessing

They just approved the I-130 Petition and it takes 6-8 years thats why when I got married we filed AOS in US while I was visiting US as canadian citizen

[KarenCee 3]

Wow...you married an American in 2008...IN Canada...and then came to the U.S. on a visitor's visa???? How did you manage to do that and file for a work permit and AP without having come to the U.S. on a spousal visa? Maybe I am missing something here?

I do think that missing an AOS interview means one is out of status. So going by what you say it appears to me that you are out of status.

Methinks you will need a good immigration attorney...if for nothing than a consultation. I'm not sure how you can accomplish your goal. I'm thinking you'll have to go back to Canada and if your father (who you say is now an American Citizen) will have to apply for you as an Immediate Relative.

I filed AOS(I-485,I-131,I-765) when i came in canada as visiton.

Sorry...that's not possible. You married IN Canada...so you say. You could NOT have entered as a visitor and filed AOS on that alone. You would have had to show proof of some sort of spousal visa for you. How did you file AOS IN Canada?

Also, a green card holder cannot apply for a relative to immigrate. He would have had to be a citizen at that time.

Your opening post is VERY confusing.

[sutlaj485 0]

Wow...you married an American in 2008...IN Canada...and then came to the U.S. on a visitor's visa???? How did you manage to do that and file for a work permit and AP without having come to the U.S. on a spousal visa? Maybe I am missing something here?

I do think that missing an AOS interview means one is out of status. So going by what you say it appears to me that you are out of status.

Methinks you will need a good immigration attorney...if for nothing than a consultation. I'm not sure how you can accomplish your goal. I'm thinking you'll have to go back to Canada and if your father (who you say is now an American Citizen) will have to apply for you as an Immediate Relative.

I filed AOS(I-485,I-131,I-765) when i came in canada as visiton.

Sorry...that's not possible. You married IN Canada...so you say. You could NOT have entered as a visitor and filed AOS on that alone. You would have had to show proof of some sort of spousal visa for you. How did you file AOS IN Canada?

Also, a green card holder cannot apply for a relative to immigrate. He would have had to be a citizen at that time.

Your opening post is VERY confusing.

I filed AOS here in US

[KarenCee 3]

this is confuessing

you say your father sponserd you and it got aproved , did you get a visa or green card to show your here legaly ?

and yes like the previouse poster asked how did you get to the US if you got married in canada , you say you came as a visitor and now filling for AOS ( correct me if I'm wrong , but since you where already married and arrived as a visitor shouldnt you have filled for a k3 spousal visa instead of AOS ? isnt that visa fraud if someone whos already married arives as a visitor then files AOS ??

like I said this is confuessing

They just approved the I-130 Petition and it takes 6-8 years thats why when I got married we filed AOS in US while I was visiting US as canadian citizen

You say you married in Canada though. That fact alone indicates your American wife should have filed either a K3 or the CR1/IR1 before you could enter the U.S.

[Lona.C. 16]

I know as a canadian you dont need a visitor visa when you visit the US , so its easy to just cross the border with just the passport ,

but what I dont understand from your post is how you where able to file AOS

didnt you tell them at the border when you came for a visit that you are married and going to visit your wife ?

cose to my understanding you was supose to file K3 or Cr1

only visitors who marry in the US out of the spare moment who can show proof of no intend of marriage when they came as vistors could file for AOS , but they got married here your story does not ad up

[KarenCee 3]

I know as a canadian you dont need a visitor visa when you visit the US , so its easy to just cross the border with just the passport ,

but what I dont understand from your post is how you where able to file AOS

didnt you tell them at the border when you came for a visit that you are married and going to visit your wife ?

cose to my understanding you was supose to file K3 or Cr1

only visitors who marry in the US out of the spare moment who can show proof of no intend of marriage when they came as vistors could file for AOS , but they got married here your story does not ad up

Exactly! Not sure how you did this either, you cannot marry in Canada and come here on a visitor's visa and file AOS. Something doesn't sound right about this.

Edited September 6, 2009 by ♥BertieMae♥

[vip1 8]

Well obviously you shouldn't come to the USA with a visitors visa with intent to immigrate, but the OP did it and got away with it. Now, he is not asking for advace on whether what he did was right or wrong, he is asking advice on how he can stay in the US.

P.S: LPR can petitioned for family menber aswell, it just take a REALLY long time.

[KarenCee 3]

Well obviously you shouldn't come to the USA with a visitors visa with intent to immigrate, but the OP did it and got away with it. Now, he is not asking for advace on whether what he did was right or wrong, he is asking advice on how he can stay in the US.

P.S: LPR can petitioned for family menber aswell, it just take a REALLY long time.

Advice was given...he can't. He missed the interview and the AOS will be denied - his soon to be ex didn't come to the interview. He will have to return to Canada. THAT'S the problem. I do think if he tries to adjust any other way other than the RIGHt WAY his intent to immigrate the wrong way will come to light. If that happens he will incur a ban.

Yes, it does take a long time...you're right on that one. The OP can read about a case here: http://www.visajourney.com/forums/lofivers...hp/t171592.html

[Kathryn41 3,205]

It sounds like while the OP did commit visa fraud (entered as a visitor while married with the intent to remain and adjust status), his application didn't get far enough along the process for him to reap the 'consequences'. While I am only speculating, it is highly likely that this issue would have been addressed at the AOS interview that the OP and his wife both failed to attend. If they had attended, it is likely that the AOS would have been denied based upon the fraudulent application for AOS. As they didn't attend, the application is denied regardless. The OP needs to be concerned that there is now USCIS action listed against his file as he has an overstay (probably significant enough to warrant a 10 year ban) and possibly a claim of fraudulent activity.

Regarding the other matter, a permanent resident can file for a family member but the waiting time for available visas is atrociously long. The time shortens once the Green Card holder becomes a citizen. As was mentioned above, once the OP applied for the marriage based AOS, it would have superceded the family based petition filed by the father. As well, once the OP married, he was no longer eligible to be sponsored by a permanent resident parent - only by a citizen parent. If USCIS haven't made that connection yet (as per the approved I-130) they will if the OP follows through.

The OP really does need to see an immigration lawyer due to a number of problems. The situation is complicated by visa fraud and overstays which will have to be addressed before the father can start a new petition to sponsor him to the US - if at all.

Here is a useful link on family sponsorship: http://www.uscis.gov/portal/site/uscis/men...00048f3d6a1RCRD

Edited September 6, 2009 by Kathryn41

[desert_fox 32]

What dont you guys understand. He married a US citizen in Canada. He entered the US legally. He is now filing for adjustment os status. Happens every day, and would probably be approved.