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mcdode

Divorcing an Illegal Canadian in the USA

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I married a Canadian citizen back in 2010. She came here to the US all the time on a Visitors Visa prior to our marriage. We never filed any immigration and her passport expired etc over a year ago. She now has crossed the border and wants a divorce. Her mother who has a green card and her step father who is a US citizen live in the USA and have a business here and starting another of the same business in Alberta in the way of using his import export license to cover his you know what in Canada. I sent my wife to the NFR Rodeo in Las Vegas last month to visit her Mom and Dad and basically work the show illegally for money. She was talked in by her mother to move back to Canada and get a divorce. Now she is in Canada and I am in the USA. She kept her maiden name and we never changed that on the marriage license either if that matters. She has told me she can come and go back and forth to the USA because a few weeks ago she updated her passport. I know for a fact she did not tell them she was living in the USA for over 3 years and married for 2 1/2 years. She told me if I wanted to stay with her I had to move to Canada well that’s not an option nor do I want to. So now she has asked me for an address to send divorce papers. I want to file for a divorce in the USA since the marriage was in the USA. I don’t care if I ever see her again but how is it possible for her to come and go across the border after basically living her illegally? I was told she couldn’t return to the USA for 10 years and also what do I need to file for a divorce. I basically want her to stay there because she threatens to ruin the same business I had prior to marriage but then started another as a partnership which in turn I told her if she does I will do the same to her parents business since she was paid under the table and have started their same business in Canada using her step dad as a silent partner with an import export license. I do not want this entire BS to happen at all with the business side. I just want a divorce and want her to stay there and not be able to come back here. What advice or help can anyone give me. I want this done and over with ASAP.

Thanks

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*** Thread moved from Off Topic to General Immigration Discussion -- topic is not a "major change" in OP's own status (USC); is not truly off-topic because some questions are immigration-related. ***


06-04-2007 = TSC stamps postal return-receipt for I-129f.

06-11-2007 = NOA1 date (unknown to me).

07-20-2007 = Phoned Immigration Officer; got WAC#; where's NOA1?

09-25-2007 = Touch (first-ever).

09-28-2007 = NOA1, 23 days after their 45-day promise to send it (grrrr).

10-20 & 11-14-2007 = Phoned ImmOffs; "still pending."

12-11-2007 = 180 days; file is "between workstations, may be early Jan."; touches 12/11 & 12/12.

12-18-2007 = Call; file is with Division 9 ofcr. (bckgrnd check); e-prompt to shake it; touch.

12-19-2007 = NOA2 by e-mail & web, dated 12-18-07 (187 days; 201 per VJ); in mail 12/24/07.

01-09-2008 = File from USCIS to NVC, 1-4-08; NVC creates file, 1/15/08; to consulate 1/16/08.

01-23-2008 = Consulate gets file; outdated Packet 4 mailed to fiancee 1/27/08; rec'd 3/3/08.

04-29-2008 = Fiancee's 4-min. consular interview, 8:30 a.m.; much evidence brought but not allowed to be presented (consul: "More proof! Second interview! Bring your fiance!").

05-05-2008 = Infuriating $12 call to non-English-speaking consulate appointment-setter.

05-06-2008 = Better $12 call to English-speaker; "joint" interview date 6/30/08 (my selection).

06-30-2008 = Stokes Interrogations w/Ecuadorian (not USC); "wait 2 weeks; we'll mail her."

07-2008 = Daily calls to DOS: "currently processing"; 8/05 = Phoned consulate, got Section Chief; wrote him.

08-07-08 = E-mail from consulate, promising to issue visa "as soon as we get her passport" (on 8/12, per DHL).

08-27-08 = Phoned consulate (they "couldn't find" our file); visa DHL'd 8/28; in hand 9/1; through POE on 10/9 with NO hassles(!).

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If you know which POE she uses to cross into the US, you could contact POE with her details - name, DOB, POB, passport # previously used and tell them she overstayed by 3 years and could try to enter again with a new passport (misrepresentation). It's called poison pen letter and sometimes it's acted upon - no guarantees though.

For divorce, if you don't know where she lives, divorce by publication should work. Google divorce by publication in "your state".


Removal of Conditions Journey

3/3/2009 - Removal of conditions - sent off packet to CSC

3/5/2009 - I-751 received in CSC

3/9/2009 - Check cashed

3/20/2009 - Biometrics notice received (no NOA1)

4/2/2009 - Biometrics

4/9/2009 - NOA1 date (first undelivered one is 3/5)

4/3/2009 - Touch?

5/6/2009 - ROC Approval - 65 days

6/22/2009 - CRIS Card production ordered email

7/7/2009 - GC arrived!

Naturalization Journey

3/03/2010 N400 sent to Arizona Lockbox

3/15/2010 Check cashed

3/17/2010 NOA1

3/18/2010 - Biometrics notice sent

3/26/2010 Early biometrics done at an ASC different from the one assigned to (Original BIO date was 4/15)

4/30/2010 Yellow letter received and info from USCIS mil line they are working on my interview letter (6/17 appt)

5/1/2010 Text and email interview letter sen

5/6/2010 Interview letter received - scheduled for 6/17/2010 at 10:05am

6/17/2010 Interview appointment - PASSED

6/29/2010 US Citizen

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Let it go. Don't forget that you participated in these activities also. Get a divorce and move on.

A Canadian citizen's status in the USA is duration of stay. The count on the overstay days only begins when an Immigration Judge has made a ruling. She has not gone before an IJ so she has no overstay accumulation.


iagree.gif

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She can come and go as she pleases as long as they let her in each time. As Canadians we are not required to have a visa as long as we are visiting for no more than 6 months at a time and the officer at the border grants us that permission to visit. They have no way to know she overstayed because they don't track when people leave the country.


USCIS - 40 DAYS
2012-10-30: FedEx delivered I-130 to Chicago Lockbox Mail Room
2012-11-01: NOA1 by email - MSC
2012-11-02: $420 (x3) debited from our account
2012-11-05: NOA1 hard copies received, Priority Date 2012-10-30
2012-12-11: NOA2


NVC - 26 DAYS
2013-01-02: Rec'd case#, IIN, BIN & OPTIN emails for EP sent
2013-01-03: Submitted DS-261 (x3)
2013-01-07: AOS bills invoiced and paid & OPTIN for EP accepted for each of us
2013-01-08: AOS bills appear as paid & AOS packages sent by email
2013-01-08: IV bill invoiced & paid (kids' only)
2013-01-09: IV bill appears as paid (kids' only)
2013-01-09: IV Package emailed & DS-260 submitted online (kids only)
2013-01-11: AOS received -notified by email
2013-01-11: IV bill invoiced & paid (for me)
2013-01-14: IV bill appears as paid (for me)
2013-01-14: IV Supporting Docs received for kids - notified by email
2013-01-14: IV Package emailed & DS-260 submitted online (me only)
2013-01-18: IV Supporting Docs received for me - notified by email
2013-01-18: Son#1 CASE COMPLETE - Son#2 checklist - saying $ on I-864 don't match tax return (but they do)-resubmitted
2013-01-23: AOS 2nd submission for Son #2 received - notified by email
2013-01-25: My CASE COMPLETE
2013-01-28: ALL 3 OF OUR CASES ARE NOW COMPLETE
2013-02-06: Packet 4 Received by email

MEDICAL ~ CONSULATE ~ POE REMOVAL OF CONDITIONS - 160 DAYS NATURALIZATION
2013-02-13: Medicals 2014-12-17: Delivered to California Lockbox 2015-12-15: Delivered to Phoenix Lockbox
2013-03-06: Interview 2014-12-19: 1 I-751 + 3 Biometrics Fees debited from our account 2015-12-16: Fees charged to Credit Card
2013-03-08: Visas in-hand 2014-12-22: Received NOA1 by mail. Receipt Date: 2014-12-17 2015-12-17: NOA
2013-03-12: Paid USCIS Immigrant Fee 2014-12-24: Received Biometrics Appointment Letter 2016-01-02: Biometrics Letter 2016-01-11: Biometrics
2013-03-14: POE 2015-01-06: Biometrics 2016-02-15: In Line for Interview 2016-02-19: Letter
2013-03-25: SSNs arrived 2015-05-27: Approved 2016-03-22: Interview
2013-04-01: Green Cards arrived 2015-06-03: New Green Cards arrived 2016-04-15: Oath Ceremony

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Well the poster above answered your question. Canadians dont need visas. They have no record she overstayed.

You are very bitter. Not only do you want a divorce, but you want her barred from ever being able to enter the US again and to 'stay in Canada'- even though her family is in the US, and you want her to cut out any involvement in the same business field as you whether its in the US or Canada.

You also say you want a divorce, but that she asked for an address where she can serve you with divorce papers from Canada and you refused? Because you want the divorce to be done in the US?

You need to let go of some of your anger. Get over the fact thats theres nothing you can do about preventing her from entering the US as she wishes and count your blessings that you dont have children together and you didnt file any immigration paperwork together that would have put you on the hook financially for her for the next 10 years or helped her obtain a GC or citizenship.

Google divorce laws for Canada and see how they differ from divorce laws in your state and see if your blind stubbornness is valid. If its not consider letting it go and have the divorce done through Canada. If youre stubbornness is valid and the laws do vary greatly and not to your advantage, research what you need to do to file for divorce in your state when your spouse lives in another country. Its not that hard. If you cant find the info online, or call the clerk and ask. They have provisions for that because it does happen.

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If you know which POE she uses to cross into the US, you could contact POE with her details - name, DOB, POB, passport # previously used and tell them she overstayed by 3 years and could try to enter again with a new passport (misrepresentation). It's called poison pen letter and sometimes it's acted upon - no guarantees though.

It is not misrepresentation to renew an expired passport.


iagree.gif

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Well actually no one can just come and go as they please. Canadians do have a Visitors Visa Hence "Visitor" that allows them to come to US for at least 6 months then they have to cross back. Well if you are coming here from Canada to marry a US Citizen and cross the border and get married while you only carry a Visitors Visa is misrepresentation. Now if that person is married and crosses over to Canada under that 6 month period then crosses back over a few days later and returns to USA because she is now residing there is Misrepresentation. First off if you are crossing the border with the proper Visa and the intent to stay illegally in the US is Visa Fraud. Before we were married she should of went back to Canada apply for the K-1 Fiance Visa and then Crossed over. One may not enter the U.S. as a non-immigrant with the intent to live in U.S. permanently. The K-1 visa avoids the risk of being denied entry to the U.S. or worse The K-1 visa permits a fiance to enter the U.S. as long as the marriage takes place with in 90 days of entry. The visa may not be extended and you have to marry with in 90 days. The applicant may work in the U.S. during the 90 day period. Immediately after the marriage, the couple may file the green card petition, form I-130 and the adjustment of status petition I-485 with INS First, if you pose as a tourist (whether with a visa or on the VWP) with the secret intention of staying in the United States for an indefinite time, you will have committed visa fraud. Visitor visas, or indeed any temporary visas, are for people who intend to stay temporarily -- and then leave. They are not for people who plan to marry and live happily ever after in the United States. You must remember that coming to the US with the sole intention of getting married in the US and filing for adjustment of status is deemed to be visa fraud, and US immigration officers do not take kindly to anyone they feel has committed visa fraud. There wasnt any immigration papers filed here and the Passport expired 2 years prior to her leaving. Of course Canada is going to renew her passport and let her back in. She never took my last name so there are no flags there. Yet upon return and with Divorce papers filed INS will be imformed. Where does Husband live? USA where does Wife live now? Canada. Is Wife a US Citizen? No Do you have proper documentation of marriage and immigration? No Ding Ding Ding. When all said and done Visa Fraud was committed and She will face a Ban on re-entry into the US of 10 years to life. This is something that Homeland Security doesnt mess around with. But thanks to her mother she has control back of her daughter and her daughter my wife didnt believe me that she could face a ban. They knew about the 2 year law because if you divorce within 2 years of marriage she is deported and may face a ban. So it was 2 Years and 4 months she leaves. So basically the EX Stripper Mother from Toronto wins in her mind yet is going to destroy her daughters life wether she is with me or not. She wont be coming back to the states with them ever. END OF STORY. FILING MYSELF TIRED OF WAITING FOR HER! You cant argue anything above because its all laws and facts. OH WELL ILL MISS HER!

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Well the poster above answered your question. Canadians dont need visas. They have no record she overstayed.

You are very bitter. Not only do you want a divorce, but you want her barred from ever being able to enter the US again and to 'stay in Canada'- even though her family is in the US, and you want her to cut out any involvement in the same business field as you whether its in the US or Canada.

You also say you want a divorce, but that she asked for an address where she can serve you with divorce papers from Canada and you refused? Because you want the divorce to be done in the US?

You need to let go of some of your anger. Get over the fact thats theres nothing you can do about preventing her from entering the US as she wishes and count your blessings that you dont have children together and you didnt file any immigration paperwork together that would have put you on the hook financially for her for the next 10 years or helped her obtain a GC or citizenship.

Google divorce laws for Canada and see how they differ from divorce laws in your state and see if your blind stubbornness is valid. If its not consider letting it go and have the divorce done through Canada. If youre stubbornness is valid and the laws do vary greatly and not to your advantage, research what you need to do to file for divorce in your state when your spouse lives in another country. Its not that hard. If you cant find the info online, or call the clerk and ask. They have provisions for that because it does happen.

YOUR PASSPORT IS YOUR VISA. YOU CANT CROSS THE BORDER WITH JUST AN ID OR DRIVERS LICENSE. AND THAT PASSPORT IS STAMPED

BEFORE YOU CROSS INTO THE USA AND THEN ITS STAMPED AGAIN UPON RETURN TO CANADA. I KNOW HOW TO FILE FOR A DIVORCE I DONT

EVEN NEED HER ADDRESS TO FILE. BUT YOU DO HAVE TO BE A RESIDENT OF THE STATE AT LEAST 6 WEEKS PRIOR TO SIGNING. BITTER,

ANGRY, DECEIVED IS NEITHER HER NOR THERE WHEN RESPONDING TO THE ACTUAL QUESTION ASKED. OMG I THINK HE IS BITTER! I WONDER WHY?

DUH

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This is an Immigration Web site, you want a Divorce Lawyer, I am sure there are many to choose from locally.


“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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YOUR PASSPORT IS YOUR VISA. YOU CANT CROSS THE BORDER WITH JUST AN ID OR DRIVERS LICENSE. AND THAT PASSPORT IS STAMPED

BEFORE YOU CROSS INTO THE USA AND THEN ITS STAMPED AGAIN UPON RETURN TO CANADA. I KNOW HOW TO FILE FOR A DIVORCE I DONT

EVEN NEED HER ADDRESS TO FILE. BUT YOU DO HAVE TO BE A RESIDENT OF THE STATE AT LEAST 6 WEEKS PRIOR TO SIGNING. BITTER,

ANGRY, DECEIVED IS NEITHER HER NOR THERE WHEN RESPONDING TO THE ACTUAL QUESTION ASKED. OMG I THINK HE IS BITTER! I WONDER WHY?

DUH

There is no need to yell.

Actually a passport is not a visa. A Canadian does not automatically receive a stamp each time they cross the border and it is not stamped when you go back. I have 2 stamps on my old 5 year passport and one of those is for Mexico. But yet I went to Hawaii twice, Las Vegas twice and Denver once. I currently only have one stamp on my current passport but have been to Colorado 3 times since it was issued. I have never received a stamp on the way back. Being able to travel freely between each country acts like a vistor visa and is a bit on the honor system. It's a right both citizens have. Canadian's still need a work visa and a student visa to study in the USA, we are required to get visas on occasion, including extended stay.

Any person can go into the US and get married. If she intended to go into the USA to live, that is fraud. However you married her so thus also contributed to her fraud. She can't file a petition on her own. You have to do it. You didn't.

Some people cannot get away from their parents. It is what it is.

Look into a divorce lawyer, talk to an immigration lawyer, and find out your answers. I hope you find happiness again.

Edited by NikiR

You have brains in your head. You have feet in your shoes. You can steer yourself any direction you choose.  - Dr. Seuss

 

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if you want to file for divorce, learn how to file for divorce in your county, and learn about 'divorce by publication' or 'divorce in abstentia' .

Good Luck !


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.

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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 !

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