Just starting and need help!

[JazzyNixie 0]

So I just found out about this site today! *GASP* And I find all this overwhelming and terrifying! Ive been reading around this site for about 4 hours and really need some help! I will tell you briefly my little story.

I met a US guy, I live in canada, and fell in love. We dated for almost 2 years and then got married in the US. I was 21 and he was 22 when we married. We didnt realize it was such a process to do the paperwork, we never really looked into it. We just knew we wanted to be married and be together. So anyway...Heres the thing..that was 3.5 years ago!!! I knew that I couldnt stay in the US for more than 6 months,which was fine. I would travel over,stay for 2 or 3 months,come back to my house (parents home) etc etc. We just kept going back and forth. I never stayed any long than MAX 4.5 months at a time. I have been questioned at the border almost every time, some times it is simple questions-in and out in just a few minutes. Twice I was questioned for an hour or so. My husband is a member of the US Military (don't know how important that bit of info is,but just thought i would say it in case it mattered).

So my questions are,

1- How do I get started...what forms and such do I need to do?

2- Have I ruined my chances or hurt myself by waiting SO long? (like I said, at the beginning, I had NO clue it was like this!!!)

3- Can I continue to visit him?

Anyway, I really hope someone, anyone, can help me.

Once at the border I was told that once I do my paperwork I CANNOT enter the US until it is complete...but another time at the Border I was told that I MUST STAY in the US once I start my paperwork. So I dont know if maybe these 2 people were talking about different paperworks, or one was just incorrect?...

Please Please help guide me in the right direction, I want to do this, and I want to do it right. My fear is that since I have already waited 3.5 years, have I done something horribly wrong?

Edited December 23, 2010 by JazzyNixie

[RosyMad 2]

You are wanting to file an I-130?

[JazzyNixie 0]

You are wanting to file an I-130?

I dont know what I want to do! LOL! I just know I want to be able to legally live with my husband and do whatever paperwork needs to be done. From what I have read I suppose the I-130 is the correct route?

[SunDrop 59]

Welcome to VJ!

If you have never stayed longer than the 6 months that Canadian citizens are permitted (usually!) then you've done nothing wrong going back and forth. It's very fortunate that they let you go back and forth as long as they have.

The apparently conflicting advice would depend on what you do but if you are legally married, and have been for more than 2 years, the visa you will be applying for is an IR-1, and the outcome will eventually be a 10 year Green Card. Had you been married less than 2 years, you'd be applying for a different spousal visa (CR-1) and would eventually receive a conditional GC.

Look at the guides above for the CR-1/ IR-1 process. There are links to the forms you need (it's always worth checking on the www.uscis.gov website to download them from there instead, to make sure they are the latest forms. There are also example forms that you can follow. If there's things about the process, search first because undoubtedly many will have asked the same question before you. If you can't find what you're looking for, then ask and you'll get plenty of advice.

The Canadian regional forum is a great one for specific support and information on how to get things that relate to Canada (like police certificates, where to stay overnight cheaply for your interview, etc.)

You haven't ruined your chances by waiting at all. It's actually made it simpler (and cheaper!) for you in the long run because you won't need to go through the 'removal of conditions' process.

His being military is helpful because he doesn't need to be earning as much as civilians and there is also a military hotline. If he receives orders to deploy at any time during your application process, you can request an 'expedite' which really speeds things up so you can be re-united before he ships out, ideally.

Continuing to visit him is going to be at the CBP's discretion. Considering you've been visiting him for 3.5 years of your marriage and always return to Canada, I would think the likelihood of them stopping you now is a lot less. You can also travel with a copy of the 'NOA1' which is the first correspondence you get in the process, confirming receipt and acceptance of his petition. This would show the CBP that you are going about immigrating in a correct manner.

Good luck and congratulations

[JazzyNixie 0]

Welcome to VJ!

If you have never stayed longer than the 6 months that Canadian citizens are permitted (usually!) then you've done nothing wrong going back and forth. It's very fortunate that they let you go back and forth as long as they have.

The apparently conflicting advice would depend on what you do but if you are legally married, and have been for more than 2 years, the visa you will be applying for is an IR-1, and the outcome will eventually be a 10 year Green Card. Had you been married less than 2 years, you'd be applying for a different spousal visa (CR-1) and would eventually receive a conditional GC.

Look at the guides above for the CR-1/ IR-1 process. There are links to the forms you need (it's always worth checking on the www.uscis.gov website to download them from there instead, to make sure they are the latest forms. There are also example forms that you can follow. If there's things about the process, search first because undoubtedly many will have asked the same question before you. If you can't find what you're looking for, then ask and you'll get plenty of advice.

The Canadian regional forum is a great one for specific support and information on how to get things that relate to Canada (like police certificates, where to stay overnight cheaply for your interview, etc.)

You haven't ruined your chances by waiting at all. It's actually made it simpler (and cheaper!) for you in the long run because you won't need to go through the 'removal of conditions' process.

His being military is helpful because he doesn't need to be earning as much as civilians and there is also a military hotline. If he receives orders to deploy at any time during your application process, you can request an 'expedite' which really speeds things up so you can be re-united before he ships out, ideally.

Continuing to visit him is going to be at the CBP's discretion. Considering you've been visiting him for 3.5 years of your marriage and always return to Canada, I would think the likelihood of them stopping you now is a lot less. You can also travel with a copy of the 'NOA1' which is the first correspondence you get in the process, confirming receipt and acceptance of his petition. This would show the CBP that you are going about immigrating in a correct manner.

Good luck and congratulations

WOW! Okay so from reading what you have written, I do feel a bit better about how I havent "hurt" myself by waiting too long. All of this stuff is so scary. My husband,he worries a lot less than I do, but me, I just am wanting to do this RIGHT and do it NOW!

I have another question now though,since you said something about my husband deploying. He is in the Coast Guard,and he doesnt "deploy" as in, go to Iraq or anything..but in his job, he "Deploys" meaning he goes on a boat for 2 months and then is in land for 2 months and repeat. Would this be something that could "expedite"? I have NO clue if you would know the answer to that question,but thought I would ask anyway. Good to know that there is a Military Hotline, I think I will give them a call ASAP!!

[Wayne and Claudia 40]

WOW! Okay so from reading what you have written, I do feel a bit better about how I havent "hurt" myself by waiting too long. All of this stuff is so scary. My husband,he worries a lot less than I do, but me, I just am wanting to do this RIGHT and do it NOW!

I have another question now though,since you said something about my husband deploying. He is in the Coast Guard,and he doesnt "deploy" as in, go to Iraq or anything..but in his job, he "Deploys" meaning he goes on a boat for 2 months and then is in land for 2 months and repeat. Would this be something that could "expedite"? I have NO clue if you would know the answer to that question,but thought I would ask anyway. Good to know that there is a Military Hotline, I think I will give them a call ASAP!!

You can always try, it never hurts to try. Also, you two will have the advantage of using the military JAG office to assist you two if needed. You two should have no problems since you have broken no laws. Good luck.