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ShawnH

Help - I94 & marriage

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Filed: Timeline

Hi,

I am in need of some advice. I am going to contact an immigration lawyer but thought I would ask around.

My fiance and I have known one another for over 10 years. I live in the US and She lives in Canada (I was born in canada and a us citizen thru naturalization).

Border patrol has been giving us a very hard time and told her last visit (Last June - Oct) that she was visiting too much, etc. Once she arrived, I proposed to her and we were engaged. She had to return to Canada until a few days ago. This time, I came with her and they gave me a very hard time as well and issued her an I-94 even thought we told them she was visiting. The Visa expires at the end of may. Because of all the hassel that we have been having, we have decided we want to get married NOW so that we can get rid of all this red tape.

My question is: Do we NEED to extend the Visa or can we get married after it expires. We are NOT getting married just to get married.... We have 10+ years of history and customs has treated both of us like prisoners. I am seriously considering moving back to Canada if this is goin to be a huge problem.

Any advice is welcomed.

Really would appreciate any feedback or other people who have gone through this.

Thanks

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Getting married right before the Visa expiring with an extensive previous relationship might be construed as an attempt to stay in the country while evading immigration laws. They issued her an I-94 to ensure that she leaves the country before her visa expires.

I would try to play this safe by taking the CR1 route for the greencard.


04/02/2010: AOS I-130, I-485 and I-765 mailed by UPS 2nd Day Air

04/06/2010: Delivered, Signed by Chiba (Day 1)

04/13/2010: Checks cashed, NOAs received via email and text (Day 7)

04/19/2010: Hard NOAs for I-130, I-485 and I-765 received (Day 13)

04/23/2010: Biometrics Appointment received (Day 17)

05/04/2010: RFE for I-864 received (Day 28)

05/06/2010: RFE for I-864 mailed back (Day 30)

05/12/2010: Case processing resumed (Day 36)

05/14/2010: Biometrics Appointment, I-485 and I-765 touched (Day 38)

05/17/2010: I-485 and I-765 touched (Day 41)

06/08/2010: EAD card production ordered (Day 63)

06/19/2010: EAD card received (Day 74)

07/02/2010: Interview letter received (Day 87)

08/04/2010: Interview (Day 120)==> Approved!!. Card Production Ordered text received

08/21/2010: Greencard received (Day 137)

Eligible for ROC: 05/04/2012

Eligible for Naturalization: 08/04/2013

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Filed: Timeline

Getting married right before the Visa expiring with an extensive previous relationship might be construed as an attempt to stay in the country while evading immigration laws. They issued her an I-94 to ensure that she leaves the country before her visa expires.

I would try to play this safe by taking the CR1 route for the greencard.

Thanks. What happens if she stays past the expiration and we get married in a few months? The problem we have been having is her daughter lives in Canada and is NOT planning on moving. However, we need to get the paperwork figured out so that she can freely travel back and fourth. There should be NO VISA required when visiting the US from canada. The other problem is I am financially supporting her in canada and cannot continue to do this.

Its really hard for honest people trying to do the right thing. I was even accused of becoming a us citizen just to marry (which is totally not the case).

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Filed: Country:
Timeline

Your biggest problem here is what can happen if USCIS thinks that you are attempting to circumvent Immigration Laws. It sounds like they were starting to get suspicious of her intent already so I would be very cautious at this point.

If they deny based on misrepresentation then she would be subject to a lifetime entry ban that is not waiverable.

From reading on VJ is seems like 99% of the time adjusting from VWP or B2 Visa isn't a problem but the fact that she's already on CBP's radar would make me nervous if I was in your shoes.

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Filed: Citizen (apr) Country: Canada
Timeline

If your wanting to move back to canada move to canada. If you want to stay in the US, look up the CR-1 visa information and see if that is right for you. You would marry before she has to leave, she would then go back to canada and you would file a CR-1 visa for her. After it is approved and she has the interview and passes she is issued the CR-1 visa and can then move to the US.

Don't even play with overstaying the I-94.

If you get married and try to adjust status and you are denied there is NO appeal and you are deported.


-------------------------------------------- as1cE-a0g410010MjgybHN8MDA5Njk4c3xNYXJyaWVkIGZvcg.gif

Your I-129f was approved in 5 days from your NOA1 date.

Your interview took 67 days from your I-129F NOA1 date.

AOS was approved in 2 months and 8 days without interview.

ROC was approved in 3 months and 2 days without interview.

I am a Citizen of the United States of America. 04/16/13

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Filed: Citizen (apr) Country: Canada
Timeline

Your biggest problem here is what can happen if USCIS thinks that you are attempting to circumvent Immigration Laws. It sounds like they were starting to get suspicious of her intent already so I would be very cautious at this point.

If they deny based on misrepresentation then she would be subject to a lifetime entry ban that is not waiverable.

From reading on VJ is seems like 99% of the time adjusting from VWP or B2 Visa isn't a problem but the fact that she's already on CBP's radar would make me nervous if I was in your shoes.

Agreed. If she was just another Canadian tourist flying under the radar, she could almost certainly get away with overstaying and marrying. It would still be very unadvisable, and no one here would recommend it (too much downside risk and hassle) but it might be at least feasible.

But she's on their radar now. If she does anything funny they'll throw the book at her. Don't risk it.


DON'T PANIC

"It says wonderful things about the two countries [Canada and the US] that neither one feels itself being inundated by each other's immigrants."

-Douglas Coupland

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