A very complicated situation

[mrsloki 0]

Does anyone watch SOA? If so, you'll understand a bit about what I'm trying to explain.

That was my husband's life = the biker thing. When he was born, both his parents were on the

run from the law (Canada's 10 most wanted) and the crossed the border and ended up in NYC

where hubby was born. Now it really gets complicated!

They were using assumed identity, so the names on the birth certificate are not only fake

but his name is listed as * male ***** as in male baby.

It took us several years to get his id and citizenship sorted here in Canada,

Now for years, we've been trying to get his SSN, but the US won't recognize his

ID or name change. In order to do a US name change he has to live there and prove it.

Then we were told it would take him 30 days to get his SSN.

So next week, we are *moving* to LA, with just our car, dogs and possessions.

We need to get his id established before he can sponser me, and I think it's

-130 visa petition (Petition for Alien spouse)

Does this sound right to you and is it legal? We're going to say that I'm just visiting until

his id is established.

=

[Ryan H 3,812]

You need to speak to a lawyer.

[Mollie09 1,543]

I don't know what to say because this sounds like one of the most unique cases I've ever read on VJ. You need a great lawyer, with experience in a lot of different aspects of the law. This is pretty bizarre!

However, never lie when entering the country. No matter what the lie. It could come back to bite you when you least expect it.

[Hypnos 6,576]

You cannot immigrate to the US without an immigrant visa, or a K visa.

[Ontarkie 14,275]

I don't see how it's all that complicated. He is a USC who wants to get a name change, once he gets that done he files for you. Visiting is allowed but it is just that you would be visiting.

[mrsloki 0]

ya it's one of those hard to believe things. Besides teh criminal background of his parents, we were told by the SSN office in Bellingham WA that he was NOT the only that was having

issues with a name change! US won't accept anything from Canada. So we have two pieces of paper with his birth name of male .........and no picture id.

We're not planning on lying to get into the country, that's why I'm on here and researching stuff.

He's been told at the boarder many times he's a dual citizen, so it's me being in the country that's a issue. From what I've read, I'm allowed in the US for six months to visit.

I'm confused on if I need a visitor's visa..

[gwenstar 66]

From what I've read, I'm allowed in the US for six months to visit.

I'm confused on if I need a visitor's visa..

Your situation has many levels - so I will just respond with what I know as far as visiting the states -

You are correct, as a Canadian you are allowed to visit the US for 6 months no need for a visitor visa. Once that time is up, you have to go back to Canada - even if you have put in the visa application and the other issues are sorted. Staying past the 6 months/planning on staying is when there is a (big) problem.

The wording in your post that you are *moving* might imply that you are planning to come visit the states with the intent to stay - which is illegal. However, if you are genuinely just visiting and go back after 6 months - that is ok -

Consulting with a lawyer would be the best thing you could do -

I wish you the best!

Edited August 5, 2014 by gwenstar

[NigeriaorBust 4,087]

Somewhere you are getting bad information about the US only accepting US name change documents. Women change their names all the time out of the country and documents are presented and accepted. You problem seems to be in the official document trail. You start in the US at birth with ( excuse the fake names ) male Jimmy Doe child of Jane Jones Doe and John Doe. You straightened things out in Canada , do you have official documents showing Jimmy Doe became Jim Smith ? Do you have the same parents on the paperwork or did they just show up with different names/ dates of birth.

[mrsloki 0]

See why I'm confused lol

We've been told by the passport office in Seattle, the SSN office in Bellingham as well as DMV. We've been trying to get them to accept the legal Canadian name change for three plus years now.

Yes, everything is proper and official with the Canadian documents now. He has all his id in the name *smith* as opposed to *clark*. BUT the US still won't accept it.

We've been told he has to actually live in the States and appear before a judge to legally change his name & birth certificate to *clark*.

So, our plan has been revised, as we want to do this all legally. Go down, on a extended vacation (ie the 180 days) and if I understand correctly, we (I) have to come back and apply for a visa to live/work there right? (and/or have him sponsor me for a green card)

I also found a *Jay treaty I'm looking at for North American Indians. My grandmother was born in MA and I have status here as Metis.......

[N-o-l-a 7,168]

If it is that much a problem changing names, he can always petition you with his old name as he only needs his birth certificate to prove US citizenship. He can change his name some time after being in America. USCIS won't care or ask what his Canadian name is unless it was the name used on your marriage license, in which case you would submit name change paperwork with the application.

You will most likely be turned away at the border if you are attempting to move here together without a visa. He needs to move first and then petition for you. Does he have a US passport? The Canadian embassy is really strict about domicile, so he'd need to set up a living situation in the US before your interview - rent an apartment, get a US driver's license, etc.

Edited August 5, 2014 by N-o-l-a

[mrsloki 0]

No US passport, and now I'm not moving......just going on a extended vacation, then comming back to Canada while we do the sponsor paperwork.

Does anyone know how long that takes, once started?

[Hypnos 6,576]

About a year.