divorce problem

[Ju&Ja 1]

But if he had green card it is not fraud, right ? He got the GC with his dad so he was a US resident. Then he met a USC and got married in Canada. Maybe he was just in Canada for a couple months and went back to the US to apply for AOS ? In that case it is not fraud because he was a US resident getting married to a USC. He wanted to change status because it was the case... If this is correct there is no fraud. The problem is now that his wife missed the interview which means that NOW he is out of status. I don't know if in this case he can get back his old US resident status...

[Ellie-and-David 38]

But if he had green card it is not fraud, right ? He got the GC with his dad so he was a US resident. Then he met a USC and got married in Canada. Maybe he was just in Canada for a couple months and went back to the US to apply for AOS ? In that case it is not fraud because he was a US resident getting married to a USC. He wanted to change status because it was the case... If this is correct there is no fraud. The problem is now that his wife missed the interview which means that NOW he is out of status. I don't know if in this case he can get back his old US resident status...

OP states petition was approved. Not receipt of a greencard. He couldn't apply for AOS based on a spousal visa if he already had a GC.

[Lona.C. 16]

exactly ,if he already had GC he wouldnt have to file for AOS , filling for AOS is to gain legal residancy and get a GC ,

any GC holder canmarry any usc anywhere in the world without it having to effect your GC

fact is he did not have GC , he filled AOS in US after marriage took place in canada had he filled k3 or cr1 he wouldnt be in a jam now ,

I would seak advice from a different laier ( oops I meen laywer ) and leave the country befor USCIS send you a letter of deportation they already got everything on file its just a mather of time before you get a letter in mail

[aaron2020 11,651]

OP has gone to another website to post the exact same question. He is hoping that that answer will change. It will not.

[Ellie-and-David 38]

OP has gone to another website to post the exact same question. He is hoping that that answer will change. It will not.

GRRRRRRRRRRRRR.

I give up. Sometimes people can be so ......grrrrrrrrr

[sutlaj485 0]

You MUST return to Canada. At this point as soon as your AOS is denied, if it hasn't been already, for failing to show up at the interview....and the AOS will be denied, u no longer have any right to remain in the US.

YOU MUST RETURN TO CANADA.

You have no legal right to remain in the US.

GO BACK TO CANADA and your father must refile his petition. You must wait. If you stay in the US you will incur a ban if you have not already for misrepresentation when u crossed the border with the intent to immigrate and lied and stated it was for visiting.

As your expensive attorney what to do but at this point I am guessing he is not telling you what you want to hear.

You must return to Canada.

If I leave to Canada now I might get two things.

1-case denied

2-deportation letter and ban for years.

My lawyer asked me to stay here and file a new petition .I-130,I-765,I-131.through my father

to start over again.

what you suggest

[belinda63 2,981]

What this boils down to is "are you in the US legally" You entered as a visitor. You had better be very able to show that you entered legally and remained here legally or any petition filed by anyone for you will be denied and you will be deported.

Look deep inside yourself and ask, did I really come here as a visitor? And how are you going to explain all the time you were still here while u wait for your father's petition to be approved?

If you and your wife didn't show for the AOS interview you might as well forget that. It will be denied automatically.

As soon as the AOS filed as a spouse of a USC is denied you must leave the country unless you have a valid visa allowing you to remain here.

You should ask your attorney, since you have paid him very well to answer your questions.

1. How will my having entered the US under false pretenses affect my ability to adjust status. You entered stating you were visiting yet you intended and still intend to remain here and not leave, this is not visiting this is immigrating.

2. How will my remaining in the US without a valid visa or adjustment of status be viewed by USCIS? Just because your father files the petition that does not give you the right to remain here while it is being adjudicated.

3. Since you are soon to be divorced how do u plan to support yourself? Where do u plan to live? Please don't tell me u have been working illegally also.

You need to do some serious research on what you have done and what you intend to do and the consequences thereof. Of course the attorney is advising you to stay, if you leave he gets no more money.

Ask the attorney point blank what your status will be when your spousal AOS is denied and what legal grounds will you have to remain in the US after the denial.

[belinda63 2,981]

Canadians require nonimmigrant visas for temporary travel to the U.S. for these purposes:

* Foreign government officials (A), officials and employees of international organizations (G) and NATO officials, representatives and employees assigned to the U.S. as needed to facilitate their travel

* Treaty traders (E-1)

* Treaty investors (E-2)

* Fiance/es (K-1)

* Children of fiancées (K-2)

* U.S. citizen's foreign citizen spouse, who is traveling to the U.S. to complete the process of immigration (K-3).

* Children of a foreign citizen spouse (K-4) described above

* Spouses of lawful permanent residents (V-1) traveling to the U.S. to reside here while they wait for the final completion of their immigration process

* Children of spouses of lawful permanent residents (V-2) described above

This is straight from the Department of State website. You entered illegally.

[aaron2020 11,651]

What this boils down to is "are you in the US legally" You entered as a visitor. You had better be very able to show that you entered legally and remained here legally or any petition filed by anyone for you will be denied and you will be deported.

Look deep inside yourself and ask, did I really come here as a visitor? And how are you going to explain all the time you were still here while u wait for your father's petition to be approved?

If you and your wife didn't show for the AOS interview you might as well forget that. It will be denied automatically.

As soon as the AOS filed as a spouse of a USC is denied you must leave the country unless you have a valid visa allowing you to remain here.

You should ask your attorney, since you have paid him very well to answer your questions.

1. How will my having entered the US under false pretenses affect my ability to adjust status. You entered stating you were visiting yet you intended and still intend to remain here and not leave, this is not visiting this is immigrating.

2. How will my remaining in the US without a valid visa or adjustment of status be viewed by USCIS? Just because your father files the petition that does not give you the right to remain here while it is being adjudicated.

3. Since you are soon to be divorced how do u plan to support yourself? Where do u plan to live? Please don't tell me u have been working illegally also.

You need to do some serious research on what you have done and what you intend to do and the consequences thereof. Of course the attorney is advising you to stay, if you leave he gets no more money.

Ask the attorney point blank what your status will be when your spousal AOS is denied and what legal grounds will you have to remain in the US after the denial.

I completely agree with this assessment. If your wife does not got through with your adjustment of status, you have no legal right to stay in the US. First, you came here under false pretenses. Second, a petition by your father does not grant you any rights to remain in the US. Third, staying illegally in the US will eventually mean a 10 years ban from the US even if you are later granted an immigration visa through your father. My advice is to go home to Canada. Have your father petition for you and wait for a visa. It will take years but you do not have any legal right to remain in the US.

Edited September 8, 2009 by aaron2020

[JERIII 8]

OP - How old are you?

[sutlaj485 0]

OP - How old are you?

I am 30

[Malrothien 6]

Sutlaj - If you have/had no intention of listening to what anyone here has to say to you - why did you post?

[Urge To Race 2]

If they were married in the US after he entered, yes he would probably be approved. In that case, an unmarried individual entered and married (without plans to do so of course). Anyone who does this and then applies for AOS will claim that they did not have plans to do this. USCIS does not have the time or ability to investigate his intent on entry in these cases.

Here, a married individual entered and then applied for AOS. There is nothing to investigate. He was already married, entered without an appropriate visa and applied for AOS. It would be impossible for the OP to say that he entered without intent to marry and it happened whimsically (since he already was married) or that they applied for AOS on the spur of the moment (no such thing). This is an easy denial, no research needed.

Cant be visa fraud since he didnt have a visa.

Tehnically, yes it is fraud. Will the USCIS do anything, NO.

They are undertrained, understaffed, and really dont have he time to investiigate.

He wouold have been approved with no problwm. Ask any Immigration attorney;.; Do I approve??...NO

[Ellie-and-David 38]

OP - How old are you?

I am 30

I'm sorry, I'm done with you. You haven't listened to a word anyone has said to you, which quite frankly is rude.

You'll probably be subject to a deportation order anyway. After all, by the time the petition has been denied, you will have been living here with no status for goodness knows how many years having entered with fraudulent intent in the first place.

This will lead to more than a 2 year ban.

But whatever. If you believe what your lawyer says, why are you still posting here???

Ignorance is bliss and I am off to watch Nova. According to them none of this immigration stuff matters anyway because a supervolcano under Yellowstone park is about to blow any day soon and cause a volcanic ash column so high....that we will all be smothered in dust and another iceage will begin...

Byeeeeeeee..