Can a co-sponsor influence USCIS?

[Kittyfang 6]

I came here in February 2007. For two weeks, to visit my (now) husband. After two week, I returned home, but was advised that I was about to lose my job. I spoke with my husband and we figured that I should come back for 2-3 months. For two reasons, one, we would see how we get along over a long period of time, but also, I would have some time to look for another job, or reapply for the same I had (my job fires and rehires people depending on what they need).

I came back around March 07. After a few months together, we started talking about marriage. We love each other and didn't want to be separated again. So no, I didn't come here with the intent of getting married. I was just vising my (then) boyfriend. We got married on Sept 1 07 (our license says Aug. 31, but I think the mayor, he's the one who married us, made an error.) We were silly, and I know now that we should have looked at the immigration laws sooner.

We have almost no money, so that is why it took so long for us to think about AoS. We have paid off some bills, so we'll soon be borrowing the money from a bank. It's been really hard, I'm a freelance translator and it has been heartbreaking to turn down clients, since I am not allowed to work.

Ok, all fine up until the fact that you overstayed by 2 years and counting. You should have filed for AOS immediately after your marriage. This is going to be a problem. Unfortunately, this is beyond my scope of knowledge, so I am not 100% sure what you should do next. I would advise that you contact a good immigration lawyer at once and wait here for others who know more about this to reply.

I see, well I did contact USCIS. I was told that yes, it is bad that I overstayed, but that the AoS would fix that. Apparently, being out of status isn't has bad as it seem.

I think someone, on this forum, replied to a question I asked and said that he had been overstaying since 2006, but that his AoS was approved. Maybe USCIS just figures that it's better to accepted AoS, even from people who have overstayed. It lets those people feel better about filling. I'm sure there are some people out there who are so overwhelmed by the process that they just forget about it and go on without ever filling for anything.

Another idea might be to post another topic with an appropriate title that will draw in members who know more about overcoming the specific situation you are in. A good title might be "Visitor from Canada in March '07, married in September '07, still here & no AOS, what now?"

That IS a good idea... And what's more, I'm going to steal your title idea!

[rsn 135]

I see, well I did contact USCIS. I was told that yes, it is bad that I overstayed, but that the AoS would fix that. Apparently, being out of status isn't has bad as it seem.

I think someone, on this forum, replied to a question I asked and said that he had been overstaying since 2006, but that his AoS was approved. Maybe USCIS just figures that it's better to accepted AoS, even from people who have overstayed. It lets those people feel better about filling. I'm sure there are some people out there who are so overwhelmed by the process that they just forget about it and go on without ever filling for anything.

I would take anything one of the USCIS operators told you with a grain of salt. We call it the "misinformation hotline" on VJ for good reason. It is possible that your AOS will be approved, I don't know, but there are definitely some issues with your case that will likely cause your some problems.

[rsn 135]

New thread created by the OP meant to address AOS w/ the overstay issue at http://www.visajourney.com/forums/index.ph...=220834&hl=

Edited September 30, 2009 by rsn

[Brother Hesekiel 2,235]

My first question would be, and is: when was the last time you crossed the Canadian/US border, and what do you have on documentation (I-94, stamp in passport, etc.) to prove that?

Phrased differently, how can you prove that you were inspected by a US Immigration officer, instead of being strapped underneath a tanker truck and having entered without inspection?

This is important as you can only file for Adjustment of Status (AOS) if you have a status to adjust from. So what is your status exactly?

Edited October 1, 2009 by Just Bob

[Kittyfang 6]

My first question would be, and is: when was the last time you crossed the Canadian/US border, and what do you have on documentation (I-94, stamp in passport, etc.) to prove that?

Phrased differently, how can you prove that you were inspected by a US Immigration officer, instead of being strapped underneath a tanker truck and having entered without inspection?

This is important as you can only file for Adjustment of Status (AOS) if you have a status to adjust from. So what is your status exactly?

That's the thing. I can't. But from what I was told by a person who works with immigrants is that, as a Canadian, it doesn't matter. Canadians, when i came over, were not required to have passports and are very rarely given I-94. USCIS knows that it's hard to prove this for Canadians and they usually don't bother with it if you can prove you are Canadian.