Help for Fellow Canadian VJer Barbsdesk....

[antda 13]

Hi Everyone,

I received the following PM from fellow (Canadian) vj user "Barbsdesk"....

Ant

I enjoyed reading your posts so much and hoped you might take a moment to advise a stranger?

In October my 19 year old daughter's boyfriend came to visit from Canada. They met in NYC attending the same school in 2008. She visited him/family twice in Alberta summer of 2009. Thus they had been in a relationship about a year when he came to visit here in US

So he comes to visit at our home in NJ in October, and in late November asked permission to marry our daughter. He did not come here with the intent of marrying her, but he is an old-fashioned and principaled young man, and was uneasy sharing her room (albeit discretely) without the legitimacy of marriage (as were we to be truthful). And he loved her (loves her) and wanted to make her his wife.

We agreed to the marriage and they married here at home in a simple, small ceremony early December.

No paperwork has been filed yet re I-130's, etc. Neither of them has funds, and of course he can not work under present circumstances. However, he could work if he returned to Alberta. And he will not return to Alberta without taking his new wife.

My question: Can we file the paperwork, and while waiting for the processing, can the two of them go to Canada where he can work while he is waiting? Or must they remain here in US order not to 'abandon' their petition? Also, as nothing has been filed yet, would it be do-able for them just to go to Canada and work for a while and earn much needed funds and then return here and file petition?

So you think it will be best - based on your familiarity with all of this and not as a lawyer - for them to just bite the bullet and remain in US until the I-130 is processed? That is unfortunate - as I know he would be happier were he working, and he does need to see a physician for some semi-serious health concerns - both of which he could accomplish in Canada so easily. But they will do whatever is required and best for their situation.

I know there is a huge amount of info on this site, and I and they are studying it - but you are so knowledgeable I thought it would not hurt to ask you. Congrats on your baby - our first grandchild is due in a few weeks.

Thanks

Barb

To which I responded to as follows.....

Hi Barb,

Thanks for your compliments here about me and my baby...Glad that you enjoy reading my posts too...

Sure, no problem, I'll try to help you here the best that I can (though I'm not a lawyer here, so bear with me...).....

Congratulations about your daughter finding her boyfriend and may they continue to be in a happy and loving relationship and marriage! That's great that you are supportive and caring in their relationship. It is nice for them to have a parent like you this way.

Congratulations too, on being a grandparent soon too and may your future grandchild bring you and your family happiness.

It's not illegal that he came to the US and get married while you were down here for a visit.

AS LONG AS HE CAME HERE WITHOUT PRIOR INENTION TO IMMIGRATE ON YOUR VISIT and not do this as to avoid and/or break immigration laws, then it's fine and legal to do such.

I was in a similar situation before too, as I came over to visit my boyfriend (now husband), on a tourist visa (which are rare for Canadians, as Canadians generally don't need visas to visit the USA) from Canada for 2 weeks, and then ended up getting married here in the USA, and overstayed, and then filed the paperwork with immigration. And yes, I did get approved and got my green card afterwards. For more information on my sitation, see my VJ timeline (the link can be found on my signature).

The next steps for your future son-in-law (WITHOUT PRIOR INTENTION) are:

1) DO NOT LEAVE THE USA AND DO NOT RETURN TO CANADA until your case has been fully approved, otherwise your case will be abandonded and you will run into the risk of never being able to come back to the ever USA again.

2) File the following paperwork: I-130 (Petiton for Family Member), I-485 (Adjustment of Status), I-864 (Affidavit of Support), I-765 and I-131 (Employment Authorization and Advanced Parole), and the I-693 (medical forms).

3) Hire a good immigration lawyer, if you run into any more problems, and/or if you are totally unsure about your situation.

This is the easiest and quickest way to get this done instead of him going back to Canada to file for the other immigrant visas, since he is here anyways. If he goes back now, it would be worse, and could involve separation and further delays.

For the financial aspect of things....

If your daughter (the US Citizen) needs to have enough income to "sponsor" on the I-864 form for her boyfriend (the immigrant). The income has to be of a certain amount, as stated on the I-864p Poverty Guidelines form (which can be found on the USCIS website, along with all the other forms). If she does not have enough income, she will have to get a "co-sponsor", who is a US Citizen, and meets those income guidelines. Perhaps you, or another family member, or other friends, can help in this matter too?

As for the immigration fees itself..They can be pretty high too...about $1000+ or so, just for the stage of getting a green card and for him to stay legally here. Again, can you and/or others help out in this matter too?

Note too, that he cannot work in the USA while waiting, as that would be illegal unless he has an EAD or green card.

Yes, I think that since your daughter and son-in-law are here in the USA now, and your son came to the USA without intention to immigrate during the visit and is already married (congrats on the wedding, by the way), I think that it is best that they go through the route that I suggested in my message/post. The AOS process takes usually 3-6 months to complete, so that is not too long to wait at all. As well, during that time, he can apply for an I-765/EAD/Employment Authorization Document, which will allow him to work while his green card case is pending. It takes about 3 months or so for an EAD card, and from there, he can also apply for a Social Security Number Card, which is needed for work too. As for health concerns..that's a tough one...He might or might not be able to get health insurance here in the USA, depending on the insurance company. as to what they require, in terms of one's immigration status and healthcare. So you'll have to ask accordingly there. However, if worse case comes to worse, he can always go to any hospital emergency room, and they have to treat him, regardless of immigration status. Don't wait until it's too late to get the healthcare that he needs! Better to go to the hospital asap in an emergency and get help and then get the bill later, than to wait it out and have something happen to him.

If you need any further help, feel free to ask here on vj, as there are many people here who can offer insight too.

Hope this helps. Good luck to you and your family on your journeys!

Ant

P.S. Is it ok if I post your message on the Canada forum/boards? Maybe others there can offer more help to your situation too?

To which they replied....

Please feel free to post on Canadian forum. I was not quite sure how to get there.

Thanks again.

So here I am, in the Canadian forum, asking all you Canadian VJers to help "Barbsdesk" out too....

(I sent them a link to this forum post topic as well...So you can respond to them directly too..)

Any other help for them would be greatly appreciated for them too. Thanks!

Ant

Edited January 3, 2010 by Ant+D+BabyA

[Kathryn41 3,205]

Barbsdeck posted this situation a few days ago as well in the CR-1 forum. My reply was very similar to yours', Ant. Here is the link:

http://www.visajourney.com/forums/index.php?showtopic=234914

[antda 13]

Barbsdeck posted this situation a few days ago as well in the CR-1 forum. My reply was very similar to yours', Ant. Here is the link:

http://www.visajourney.com/forums/index.php?showtopic=234914

Kathryn-Oh ok...I didn't know they also posted in the CR-1 forum (lol..as you can see, I don't go to that part of vj...I never filed for a cr-1..no clue...).

But yeah, I'm glad that you and others were able to help them out there too.

Wow, what a surprise too, it was to see that we had simliar replies...Great vj minds think alike, I suppose....lol...

I hope that they can find the help that they need here on vj, regardless!

Any other Canadian VJers want to post more replies too?

Ant

Edited January 3, 2010 by Ant+D+BabyA

[canadian_wife 1,823]

Well, obviously they can file while he is still in the US and have him (or both) return to Canada for him to work and receive medical treatment (which I think may be best for his medical condition...who knows how difficult it will be to get medical insurance in the US with a pre-existing condition - especially a 'semi-serious' condition) However, this route will take out the adjustment of status option and he'll interview in Canada.

Alternatively, adjusting status means he cannot leave the US without authorization without abandoning his petition. However, this does allow him to remain in the US with your daughter, however, he cannot work (which you said was also important) until he has his EAD. Also, as I stated earlier, since he was married only 60 days after entering the US he may be asked about his intentions. It may make sense to think about how he'll deal with that question if he is asked.

Kathryn41 and Ant gave you excellent advice. Lots of information here but ultimately it will be up to your daughter and son-in-law to figure out what is best for them. The sepearation is terrible but sadly seems to be a reality of this process. Hopefully this won't happen to your daughter and her husband.

Good luck

[ValerieA 350]

What about them both going back to Canada, and, when eligible, doing a DCF? I know there have been issues with them lately...but it allows him to work, and take care of his health problems, as long as they are willing to live in Canada for a while.