Jump to content
Sign in to follow this  
S Sundaram

Newly Weds and looking for best approach

19 posts in this topic

Recommended Posts

Filed: Citizen (apr) Country: Canada
Timeline

Hi All

Here is the background on where we are.

Met in 2000, she came to the US.

Had a relationship me going there a lot and she coming every now and then. She was hassled a few times, while crossing but was always let through. Had a son and daughter in 2006 and 2007, both born in Canada.

Got my naturalization this April and became a citizen. She's been here for almost a year now, she did overstay. Though she never had a passport stamped when she crossed, since it was always by road.

Got married yesterday.

Now my questions are :

Should I send them back and file the i130 and go through the K1 route.

Or apply for AOS while here?

She is planning to go back and visit her family this week, so should be hold off.

If she goes back can she come back and then we can file for AOS? This site is very useful and the reason's for this question is I want the safest and quickest way without being away from the kids for very long.

Thanks

Share this post


Link to post
Share on other sites
Filed: Citizen (apr) Country: Canada
Timeline

If she goes back, she can't come back and AOS. She would need to do it now and wait till she gets her GC to leave. Otherwise you will have to go the CR-1 Route with her outside of the states (if shes now been here long enough to accrue a ban as well, a waiver would be needed to allow her to come back). My advice would be to do the AOS as shes already here and have her hold off on visiting the family until everything is approved.

Edited by Danu

~*~*~Steph and Wes~*~*~
Married: 2010-01-20

ROC: (for the complete timeline click on my timeline button, the signature was getting too long!)
I-751 Sent: 2015-05-22
NOA1 Notice Date: 2015-05-27
NOA1 Received: 2015-06-06
Biometrics Notice Date: 2015-06-27
Biometrics Date: 2015-07-17

Interview Notice Date: 2015-07-28

Interview Date: ​2015-09-01
Approval Date:
Approval Notice Date:


hdh1crofujrxk.png

Share this post


Link to post
Share on other sites
Filed: IR-1/CR-1 Visa Country: China
Timeline

1 year overstay ?

oh my.

Suggest file for AOS, instead.

read this --> http://www.visajourney.com/content/i130guide2

and make sure she qualifies.

that 1 year overstay will hurt her, if try to obtain CR-1 visa instead of filing for AOS.

Seriously.


Sometimes my language usage seems confusing - please feel free to 'read it twice', just in case !
Ya know, you can find the answer to your question with the advanced search tool, when using a PC? Ditch the handphone, come back later on a PC, and try again.

-=-=-=-=-=R E A D ! ! !=-=-=-=-=-

Whoa Nelly ! Want NVC Info? see http://www.visajourney.com/wiki/index.php/NVC_Process

Congratulations on your approval ! We All Applaud your accomplishment with Most Wonderful Kissies !

 

Share this post


Link to post
Share on other sites
Filed: Citizen (apr) Country: Canada
Timeline

Are teh kids back in Canada or with you? Hopefully with you and you can go with Danu's comments. They can of course fault you for the overstay, so be prepared to answer questions.


Wiz(USC) and Udella(Cdn & USC!)

Naturalization

02/22/11 - Filed

02/28/11 - NOA

03/28/11 - FP

06/17/11 - status change - scheduled for interview

06/20?/11 - received physical interview letter

07/13/11 - Interview in Fairfax,VA - easiest 10 minutes of my life

07/19/11 - Oath ceremony in Fairfax, VA

******************

Removal of Conditions

12/1/09 - received at VSC

12/2/09 - NOA's for self and daughter

01/12/10 - Biometrics completed

03/15/10 - 10 Green Card Received - self and daughter

******************

Share this post


Link to post
Share on other sites
Filed: K-1 Visa Country: Canada
Timeline

I think because of your 1 year overstay your best bet is to do AOS. I'd take some time to do some research and definitely do not do any travelling outside of the US for now until you get status in the US.


Removing Conditions

Sent package to VSC - 8/12/11

NOA1 - 8/16/11

Biometrics - 9/14/11

Share this post


Link to post
Share on other sites
Filed: Citizen (apr) Country: Canada
Timeline

If she had no intent on getting married on her last entrance to the US, then do the AOS now. In the meantime, she must not leave the US until she gets her green card. If she does she will incur an automatic ban upon re-entry for either 3 years (an overstay of between 6 months and one year) or 10 years (an overstay of more than a year). Once she gets her green card any overstay time is forgiven and she will be able to leave and return to the US without a problem.

Even if she would not incur a ban upon leaving and wanted to visit Canada then return to do the AOS you could not do that as that would be considered visa fraud and could result in up to a life time ban depending on what happened at the border. She can only adjust status if she entered the US without the intent on getting married on that 'visit' and then deciding to marry and remain in the US instead. I'm afraid that her family is going to have to be the ones to visit her, not the other way around for a while. Also, don't bother applying for an I-131- AP (Advance Parole). They will give it, but she can't use it. If she does, she will incur the ban.

She will need to obtain some necessary documents from Canada while in the US and she will require these for the AOS. She will need a fingerprint Canada Wide criminal check as a name only check is available only if you are in Canada - and she cannot realistically leave the US right now; a copy of her long-form birth certificate; a Canadian passport, etc. Even though it will be easier to get these done in Canada it is vital that she does not leave the US until she does get the green card or you are in for a very long, very trying and possibly unsuccessful venture.

I'm glad you found us before she had left for Canada rather than after.

PS - Congratulations on your marriage.

Edited by Kathryn41

“...Isn't it splendid to think of all the things there are to find out about? It just makes me feel glad to be alive--it's such an interesting world. It wouldn't be half so interesting if we knew all about everything, would it? There'd be no scope for imagination then, would there?”

. Lucy Maude Montgomery, Anne of Green Gables

5892822976_477b1a77f7_z.jpg

Another Member of the VJ Fluffy Kitty Posse!

Share this post


Link to post
Share on other sites

Just in case you had any doubts, I'd have to say Kathryn is absolutely correct, as are the others who've suggested NOT LEAVING the U.S., applying for AOS, and waiting until you have a green card. You'll have some explaining to do during the process, and don't want anything (i.e. a ban) to make this harder. Also, I'd actually suggest not getting a lawyer. Your case is complicated, but not yet THAT complicated, and quite frankly, all I've ever heard from people with lawyers and this process, is that they make it worse.


For details visit My Timeline or Profile

ROC Timeline:
May 23, 2012 - Mailed I-751
January 7, 2013 - RFE Received
March 26, 2013 - RFE Response Sent
April 11, 2013 - ROC APPROVED

June 8th, 2013 - 10 yr GC Received (FINALLY)

AOS Timeline:
March 23, 2010 - Mailed I-485 (AOS), I-131 (AP), I-765 (EAD)
June 7, 2010 - AP received
June 12, 2010 - EAD received
August 27, 2010 - 2 yr Green Card Received!


K-1 Timeline:
April 22, 2009 - I-129F Sent
November 20, 2009 - Interview in Montreal - Approved!
January 3, 2010 - POE (Ambassador Bridge)
January 20, 2010 - Wedding

Share this post


Link to post
Share on other sites
Filed: Citizen (apr) Country: Canada
Timeline

There basically isn't too much of a problem with that for Canadians. State the date that she crossed the border and at what Point of Entry (POE) and how (eg private automobile, bus, etc.). State that as a Canadian she was just waved through by the border guard and you have no official record of her arrival in her passport. USCIS is aware of the special border situation with regards to Canadians.

The one thing in your favour is that by presenting this information you are showing that there would be a ban if she left so it isn't really something that you would say unless it was true as there would be no other benefit to admitting this. It appears to be incriminating but because of that it appears realistic and honest, which is what you want. It is most likely that you will have an interview and they may ask about the entry. Tell the truth. That is the one other comment I will make. Even if it appears to be something that might be incriminating or make things look bad in some way, don't misrepresent the fact or try to hide it. Illegal presence after entering on a valid visa (and it is a non-paper B2 visa for Canadian visitors) is forgiven - misrepresentation is not and has serious repercussions.


“...Isn't it splendid to think of all the things there are to find out about? It just makes me feel glad to be alive--it's such an interesting world. It wouldn't be half so interesting if we knew all about everything, would it? There'd be no scope for imagination then, would there?”

. Lucy Maude Montgomery, Anne of Green Gables

5892822976_477b1a77f7_z.jpg

Another Member of the VJ Fluffy Kitty Posse!

Share this post


Link to post
Share on other sites
Filed: Citizen (apr) Country: Canada
Timeline

Yes - very few, if any of us, have stamps in our passport for entering the US. I think I had 1 when I flew and every other time, nothing.


Wiz(USC) and Udella(Cdn & USC!)

Naturalization

02/22/11 - Filed

02/28/11 - NOA

03/28/11 - FP

06/17/11 - status change - scheduled for interview

06/20?/11 - received physical interview letter

07/13/11 - Interview in Fairfax,VA - easiest 10 minutes of my life

07/19/11 - Oath ceremony in Fairfax, VA

******************

Removal of Conditions

12/1/09 - received at VSC

12/2/09 - NOA's for self and daughter

01/12/10 - Biometrics completed

03/15/10 - 10 Green Card Received - self and daughter

******************

Share this post


Link to post
Share on other sites
Filed: Citizen (apr) Country: Canada
Timeline

Thank you very much... And sorry for the questions. A few more.

Say she left, and i file it through the CR1 route or the K3 route and she only crosses after her paperwork is complete? Is that a safer option or is it too risky? Also sinc ei have to file i 130 for everyone, i am assuming its 3 forms with three separate fees?

Share this post


Link to post
Share on other sites
Filed: AOS (apr) Country: Canada
Timeline

As has been stated already by a few others...If she leaves the USA she will automatically incur a 3 or 10 year BAN. So even if she applies for a CR1 they will NOT just let her back in if it is approved. She would have to file for a waiver AFTER she gets the CR1 visa, from Canada. That process would then take at least a YEAR, cost MORE money and they can and may DENY her.

So DO not let her leave unless you are prepared for her to be living in Canada for 2 or more years. File for AOS now and STAY until it is done.


K-1 Journey

04/30/2009 - I-129F sent to VSC

03/30/2010 - Interview @ MTL APPROVED!

04/13/2010 - POE @ Pearson International

05/23/2010 - WEDDING

AOS Journey

07/20/2010 - AOS/AP/EAD Sent

07/21/2010 - package received at Chicago

07/28/2010 - check cashed

07/30/2010 - received NOA1 in mail

08/01/2010 - received biometrics letter

08/20/2010 - walk in biometrics completed

08/23/2010 - finally entered into USCIS online -AP's touched on Aug11 and EAD and AOS touched on Aug20 08/30/2010 - AOS/EAD touched

09/09/2010 - AP approved (email notice)

09/13/2010 - Received email that EAD was approved on Sept 10

10/04/2010 - Received interview letter in Mail

11/09/2010 - Interview-APPROVED! 112 days

11/09/2010 - Card Production 11/22/2010 - Green Card received

ROC Journey

08/11/2012 - Eligible to file for ROC10/11/2012 - sent in I-751 (late)10/16/2012 - received NOA 11/20/2012 - biometrics

Share this post


Link to post
Share on other sites
Filed: Citizen (apr) Country: Canada
Timeline

If she leaves, she will incur an automatic 3 year or 10 year ban! She will not be allowed to return to the US, even after the paperwork is processed. Please do not take this information lightly - this is the most critical information you have at this moment. It must be taken into consideration of all of your and her actions. If she leaves the US without a green card she is not going to be coming back to the US for a very, very, very long time - no if, ands, or buts.

The USCIS will continue to process the CR-1 visa (K-3s are virtually obsolete now and are administratively closed after the I-130 is approved) and it will be denied at the interview - in approximately 1 year. You would then have to file for a Hardship waiver - which means you have to prove to the US government why it would be a hardship for you to move to Canada, not a hardship to be separated - and the earliest you can do that is at the denial interview. It will take a long time and a lot of money - possibly even as long as the ban that she would trigger if her overstay is currently less than a year. Why take this risk when you do not have to? Be patient now - short term pain for long term gain is far better than short term gain for long term pain which is what will happen if she leaves the US now before she gets a green card. Don't ever treat US border security and immigration with less than the absolute seriousness that they treat these issues - they don't make exceptions and they don't play around. They mean business and they have no sympathy.

I believe her children would be included in the I-130 but I will let someone else handle that question.

Edited by Kathryn41

“...Isn't it splendid to think of all the things there are to find out about? It just makes me feel glad to be alive--it's such an interesting world. It wouldn't be half so interesting if we knew all about everything, would it? There'd be no scope for imagination then, would there?”

. Lucy Maude Montgomery, Anne of Green Gables

5892822976_477b1a77f7_z.jpg

Another Member of the VJ Fluffy Kitty Posse!

Share this post


Link to post
Share on other sites
Filed: Citizen (apr) Country: Canada
Timeline

Thank you very much for all the information and I am not taking any of this lightly.

But just out of curiosity, how does her leaving automatically impose a ban on her. Please pardon me for my stupid questions, but I would just like to know how the automatic ban works, 'cos I read somewhere that if she came here without an intent to immigrate and goes back and files it properly that should also work. So if someone can please clarify that, i would greatly appreciate it.

I have already started the paperwork for the AOS. So thank you all for all the information.

Share this post


Link to post
Share on other sites
 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
Sign in to follow this  
- Back to Top -


Important Disclaimer: Please read carefully the Visajourney.com Terms of Service. If you do not agree to the Terms of Service you should not access or view any page (including this page) on VisaJourney.com. Answers and comments provided on Visajourney.com Forums are general information, and are not intended to substitute for informed professional medical, psychiatric, psychological, tax, legal, investment, accounting, or other professional advice. Visajourney.com does not endorse, and expressly disclaims liability for any product, manufacturer, distributor, service or service provider mentioned or any opinion expressed in answers or comments. VisaJourney.com does not condone immigration fraud in any way, shape or manner. VisaJourney.com recommends that if any member or user knows directly of someone involved in fraudulent or illegal activity, that they report such activity directly to the Department of Homeland Security, Immigration and Customs Enforcement. You can contact ICE via email at Immigration.Reply@dhs.gov or you can telephone ICE at 1-866-347-2423. All reported threads/posts containing reference to immigration fraud or illegal activities will be removed from this board. If you feel that you have found inappropriate content, please let us know by contacting us here with a url link to that content. Thank you.
×
×
  • Create New...