Where to start (again)

[hoosiersavior 0]

Hello! I am an American citizen by birth and am married to a Canadian. We met online 10 years ago and married in Canada 10 years ago and have been here in the states for 9 years. He came in on a work visa (TN) and was let go from that job a year later. Three years ago I tried to sponsor him as his wife and he was denied due to paperwork that was missing even though I had submitted some they said was missing and I had been told by them that they had all the required paperwork before the decision came. He has had a couple of employers that told him that they would sponsor him for the TN but they never did. I was unable financially to sponsor him in the last three years since my income had declined due to a move and the economy. I got another job four months ago and am getting a promotion and am now able to sponsor him myself. My question is: Do we have to file the I 130 first and exactly what is the procedure for our situation? We need to do this now as he has been unemployed for 17 months and needs to be able to work in another line of work. He will not lie to a prospective employer about his status here to obtain work and his field is in dire straits with the economy. What is the procedure for people in our situation??

[thongd4me 69]

Hello! I am an American citizen by birth and am married to a Canadian. We met online 10 years ago and married in Canada 10 years ago and have been here in the states for 9 years. He came in on a work visa (TN) and was let go from that job a year later. Three years ago I tried to sponsor him as his wife and he was denied due to paperwork that was missing even though I had submitted some they said was missing and I had been told by them that they had all the required paperwork before the decision came. He has had a couple of employers that told him that they would sponsor him for the TN but they never did. I was unable financially to sponsor him in the last three years since my income had declined due to a move and the economy. I got another job four months ago and am getting a promotion and am now able to sponsor him myself. My question is: Do we have to file the I 130 first and exactly what is the procedure for our situation? We need to do this now as he has been unemployed for 17 months and needs to be able to work in another line of work. He will not lie to a prospective employer about his status here to obtain work and his field is in dire straits with the economy. What is the procedure for people in our situation??

This is a touching story but it would be better to separate your statement into short paragraphs instead of one long run-on stream of consciousness.

You mentioned "paperwork" that had problems in the past but give no specifics and then want to know where you go from there.

Give more details please.

[hoosiersavior 0]

Sorry about the run on. Here ya go...

Hello! I am an American citizen by birth and am married to a Canadian. We met online 10 years ago and married in Canada 10 years ago and have been here in the states for 9 years.

He came in on a work visa (TN) and was let go from that job a year later. Three years ago I tried to sponsor him as his wife and he was denied due to paperwork that was missing even though I had submitted some they said was missing and I had been told by them that they had all the required paperwork before the decision came. He has had a couple of employers that told him that they would sponsor him for the TN but they never did.

I was unable financially to sponsor him in the last three years since my income had declined due to a move and the economy. I got another job four months ago and am getting a promotion and am now able to sponsor him myself. My question is: Do we have to file the I 130 first and exactly what is the procedure for our situation? We need to do this now as he has been unemployed for 17 months and needs to be able to work in another line of work. He will not lie to a prospective employer about his status here to obtain work and his field is in dire straits with the economy. What is the procedure for people in our situation??

As far as the paperwork before, that doesn't really matter as we were told that we had to start all over again from the beginning. No 'problems', just missing paperwork, paperwork that we had completed and submitted. The denial letter said there was no appeal. So as far as Immigration is concerned, we are new applicants. I need to know what to do as a new applicant.

Do I start with the I 130 as I did before? He is already here.

[Hugglebuggles 60]

I'm a little confused here.

So your husband is Canadian and entered the US with a TN visa 9 years ago. He was let go from that job a year later, and three years after that you tried to adjust his status based on his marriage to you and you were denied. He was unable to renew his TN visa because of employer support. But, you say that he has only been unemployed for the last 17 months. So when exactly did his TN visa expire? Or did he have it renewed? Has he been living in the US for the last 8 years out of status and working without a proper visa? If so, these are issues that can and likely will cause some complications. Perhaps I'm just misunderstanding your timeline.

[trailmix 77]

I'm a little confused here.

So your husband is Canadian and entered the US with a TN visa 9 years ago. He was let go from that job a year later, and three years after that you tried to adjust his status based on his marriage to you and you were denied. He was unable to renew his TN visa because of employer support. But, you say that he has only been unemployed for the last 17 months. So when exactly did his TN visa expire? Or did he have it renewed? Has he been living in the US for the last 8 years out of status and working without a proper visa? If so, these are issues that can and likely will cause some complications. Perhaps I'm just misunderstanding your timeline.

I have these same questions.

You have worded it as though, without really saying it, he has been out of status and working without authorization for the last few years?

I know your actual question is - do you have to file the I-130 again, is that where you start - yes it is - that is the starting point - you probably also don't want to go in to all the details of his work or status - from what I am reading - however no one here can give you intelligent advice without those key pieces of information.

Also, has he left the U.S. and returned to Canada at all in the last few years? In fact has he left the U.S. to go to any other country in the last few years and then returned?

Edited December 5, 2009 by trailmix

[hoosiersavior 0]

I'm a little confused here.

So your husband is Canadian and entered the US with a TN visa 9 years ago. He was let go from that job a year later, and three years after that you tried to adjust his status based on his marriage to you and you were denied. He was unable to renew his TN visa because of employer support. But, you say that he has only been unemployed for the last 17 months. So when exactly did his TN visa expire? Or did he have it renewed? Has he been living in the US for the last 8 years out of status and working without a proper visa? If so, these are issues that can and likely will cause some complications. Perhaps I'm just misunderstanding your timeline.

I have these same questions.

You have worded it as though, without really saying it, he has been out of status and working without authorization for the last few years?

I know your actual question is - do you have to file the I-130 again, is that where you start - yes it is - that is the starting point - you probably also don't want to go in to all the details of his work or status - from what I am reading - however no one here can give you intelligent advice without those key pieces of information.

Also, has he left the U.S. and returned to Canada at all in the last few years? In fact has he left the U.S. to go to any other country in the last few years and then returned?

[hoosiersavior 0]

I'm a little confused here.

So your husband is Canadian and entered the US with a TN visa 9 years ago. He was let go from that job a year later, and three years after that you tried to adjust his status based on his marriage to you and you were denied. He was unable to renew his TN visa because of employer support. But, you say that he has only been unemployed for the last 17 months. So when exactly did his TN visa expire? Or did he have it renewed? Has he been living in the US for the last 8 years out of status and working without a proper visa? If so, these are issues that can and likely will cause some complications. Perhaps I'm just misunderstanding your timeline.

His visa expired in 2002. We did reapply for the yearly visa before he was let go of his job. Immigration cashed the check and that's all we heard about the renewal. After he was let go, we didn't pursue it as he no longer had an employer sponsor.

Yes, to living here out of status the last eight years. As I said, I applied to sponsor him in 2005 so Immigration was aware that he was here out of status. You do understand the timeline. In the letter of denial, it did state that 'This decision is without prejudice to future applications filed with the appropriate US Citizenship & Immigration Services office'.

I wish to file for him now since my income has now come to where I can. I have no family and have no one to ask to co-sponsor anyway.

He has never left the US since coming here in 2001, nor to any other country.

[trailmix 77]

Sorry for the late reply, I only just noticed that you had replied. Hopefully someone with some knowledge of this type of situation will jump in here. My understanding is that the overstay will probably be forgiven - the working without proper authorization might be a different thing.