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lovemymexi

Unique situation - please help!

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My husband and I are currently in California. I am a US and Canadian citizen and he is a Mexican citizen living undocumented in the US since he was 9. Because the waiver process is lengthy and unknown, we have decided to move to Canada. He will be getting his visa in 2-3 months. We are moving for SURE so please do not advise us to stay in the US.

We will be able to live great lives in Canada but his mother is undocumented in the US and because he will have a 10 year ban, he will not be able to visit her and she cannot leave to visit him or she cannot return.

We would like to do the 601 waiver request from Canada. I know that is a little more complicated but we did chat online with a lawyer and she said it was possible to get a waiver but depends on the case. I have not discussed our case with her in detail. Is it possible to get a waiver and a visitor's visa? Or can we only get a waiver and a green card? We want to live in Canada and possibly move back to the US in the future but the biggest issue is we want my husband to be able to visit his mother and brothers who are undocumented in the US.

Thank you for your help.

Edit: We have already done the I-130, affidavit of support, and just have to click submit on the immigration visa application.

Edited by lovemymexi

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I-601 does not go with a visitor visa. He won't get a visitor visa because of his illegal presence. I-130 is pointless unless you are living in the US. He can't have a GC in the US if he is living in Canada.


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8/17/10: INTERVIEW DAY (day 123) APPROVED!!

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I understand. We are trying to figure out what our options are. If we apply for and receive the waiver, then we would move back to the United States. So there are no options at all for him getting a visitor's visa? How about in 3 years when he is a Canadian citizen and has a Canadian passport?

We are living in the US and already did the I-130 and were approved. But we will be moving to Canada in a few months.

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I understand. We are trying to figure out what our options are. If we apply for and receive the waiver, then we would move back to the United States. So there are no options at all for him getting a visitor's visa? How about in 3 years when he is a Canadian citizen and has a Canadian passport?

We are living in the US and already did the I-130 and were approved. But we will be moving to Canada in a few months.

His having a CN passport would not change his illegal presence in the US. That would still have to be dealt with (based on the current law and policies).

Yes but how will they know he was ever living undocumented in the US if he has a Canadian passport? He is not getting deported. He is driving to Mexico and flying to Canada.

Lying on an immigration form and/or to an immigration official can earn him a lifetime ban. He will have to account for where he has lived during his life. Choose your path carefully.


I-864 Affidavit of Support FAQ -->> https://travel.state.gov/content/visas/en/immigrate/immigrant-process/documents/support/i-864-frequently-asked-questions.html

FOREIGN INCOME REPORTING & TAX FILING -->> https://www.irs.gov/publications/p54/ch01.html#en_US_2015_publink100047318

CALL THIS NUMBER TO ORDER IRS TAX TRANSCRIPTS >> 800-908-9946

PLEASE READ THE GUIDES -->> Link to Visa Journey Guides

MULTI ENTRY SPOUSE VISA TO VN -->>Link to Visa Exemption for Vietnamese Residents Overseas & Their Spouses

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I understand that on paper he is supposed to be banned for ten years once he leaves. But if we drive down to the US border and want to go shopping in Seattle and we all have Canadian passports, how would they even KNOW that he is supposed to be banned? He has never been arrested. They won't know he left the US. I am honestly just curious how it works.

We would not lie if we were to apply for the waiver. We would tell them we were living in Canada currently and why.

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I understand that on paper he is supposed to be banned for ten years once he leaves. But if we drive down to the US border and want to go shopping in Seattle and we all have Canadian passports, how would they even KNOW that he is supposed to be banned? He has never been arrested. They won't know he left the US. I am honestly just curious how it works.

We would not lie if we were to apply for the waiver. We would tell them we were living in Canada currently and why.

I advise you to think through the possible ramifications of your plan (not the choice to move to Canada) and spend a little money to discuss it with an attorney that is experienced with persons that have been undocumented in the US.

Your unfamiliarity with the system could lead to some very unhappy times. If you would like to have your husband to obtain a visa at some point in the future, his past will be revealed (by him) to USCIS. Why further complicate the process?

The "on paper" could become very real.


I-864 Affidavit of Support FAQ -->> https://travel.state.gov/content/visas/en/immigrate/immigrant-process/documents/support/i-864-frequently-asked-questions.html

FOREIGN INCOME REPORTING & TAX FILING -->> https://www.irs.gov/publications/p54/ch01.html#en_US_2015_publink100047318

CALL THIS NUMBER TO ORDER IRS TAX TRANSCRIPTS >> 800-908-9946

PLEASE READ THE GUIDES -->> Link to Visa Journey Guides

MULTI ENTRY SPOUSE VISA TO VN -->>Link to Visa Exemption for Vietnamese Residents Overseas & Their Spouses

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I am not quite sure what you mean. People leave the US all the time and apply for a waiver from outside the US. We would not lie on the application. He would not attempt to enter the US with a Canadian passport if we decided to try for the waiver.

I am just very worried about him being separated from his mother and trying to figure out what all my options are.

I appreciate your input, it is very helpful.

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I am not quite sure what you mean. People leave the US all the time and apply for a waiver from outside the US. We would not lie on the application. He would not attempt to enter the US with a Canadian passport if we decided to try for the waiver.

I am just very worried about him being separated from his mother and trying to figure out what all my options are.

I appreciate your input, it is very helpful.

Not being truthful at the border going shopping (if he was asked if he had been to the US before) can be just as problematic when applying for a visa or attempting to adjust status at a later date.

Plan for the worst case scenario ( for example: MIL winds up in the hospital gravely ill) and you will be prepared if it ever happens.

Best of luck.


I-864 Affidavit of Support FAQ -->> https://travel.state.gov/content/visas/en/immigrate/immigrant-process/documents/support/i-864-frequently-asked-questions.html

FOREIGN INCOME REPORTING & TAX FILING -->> https://www.irs.gov/publications/p54/ch01.html#en_US_2015_publink100047318

CALL THIS NUMBER TO ORDER IRS TAX TRANSCRIPTS >> 800-908-9946

PLEASE READ THE GUIDES -->> Link to Visa Journey Guides

MULTI ENTRY SPOUSE VISA TO VN -->>Link to Visa Exemption for Vietnamese Residents Overseas & Their Spouses

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