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Tonny Lancaster

Canadian Citizen married to Asylum approved!

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Hello,

I am a Canadian Citizen, I moved to US 2 months ago and I got married! My wife is waiting for her green card now after she was on asylum for 1 year. According to our lawyer, my wife could receive her green card within 2-3 months. As a Canadian Citizen, I currently have no status in the US, and I am only allowed to remain in the US for 4 more months ( total of 6 months). If my wife receive her green card before the 4 months has passed, I could file to adjust my status while I am in the US. If I over stay in the US for more than 6 months, I might get banned from the US for up to 10 years.

When the time comes to adjust my status, I will need a sponsorship. My wife cannot sponsor me because she makes less than 12000$/year. I would really appreciate it if anyone could advise me with my case.

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hi

in the first place you cannot adjust status in the US. she would have to file for you and the petition may take up to 2 years because she will only be a LPR,

you can come to visit but never overstay. you will have your interview in Canada, and of course she can go visit you to Canada

as the petitioner she will have to file the affidavit of support. who Know if in 2 years she will be better in her income and be over the poverty guidelines. If not she can get a joint sponsor that could cover you

do not overstay

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~~Duplicate thread Removed. Thread with reply Moved to Bringing Family Members of Permanent Residents to America, from the Canada Forum.~~


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Thanks for the reply. According to USCIS website, I can adjust my status, here is the link for your reference: http://www.uscis.gov/family/family-us-citizens/spouse/bringing-spouses-live-united-states-permanent-residents

hi

in the first place you cannot adjust status in the US. she would have to file for you and the petition may take up to 2 years because she will only be a LPR,

you can come to visit but never overstay. you will have your interview in Canada, and of course she can go visit you to Canada

as the petitioner she will have to file the affidavit of support. who Know if in 2 years she will be better in her income and be over the poverty guidelines. If not she can get a joint sponsor that could cover you

do not overstay

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Thanks for the reply. According to USCIS website, I can adjust my status, here is the link for your reference: http://www.uscis.gov/family/family-us-citizens/spouse/bringing-spouses-live-united-states-permanent-residents

Green card holder (Permanent resident)

Inside the United States (through lawful admission or parole)

File Form I-130. After a visa number becomes available, apply to adjust status to permanent residency using Form I-485. NOTE: Unless the beneficiary (your spouse) had an immigrant visa petition or labor certification pending prior to April 30, 2001, the beneficiary must have continuously maintained lawful status in the United States in order to adjust status. See form instructions for more information.

From your link, there is no way for you to maintain lawful status in the US for the two years it will take for a visa number to become available, at least on a visitor visa. Something like a Student Visa might work or a work visa if you can find a company who will sponsor you.

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Thanks for the reply. According to USCIS website, I can adjust my status, here is the link for your reference: http://www.uscis.gov/family/family-us-citizens/spouse/bringing-spouses-live-united-states-permanent-residents

How do you intend maintaining status?


“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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Hello,

I am a Canadian Citizen, I moved to US 2 months ago and I got married! My wife is waiting for her green card now after she was on asylum for 1 year. According to our lawyer, my wife could receive her green card within 2-3 months. As a Canadian Citizen, I currently have no status in the US, and I am only allowed to remain in the US for 4 more months ( total of 6 months). If my wife receive her green card before the 4 months has passed, I could file to adjust my status while I am in the US. If I over stay in the US for more than 6 months, I might get banned from the US for up to 10 years.

When the time comes to adjust my status, I will need a sponsorship. My wife cannot sponsor me because she makes less than 12000$/year. I would really appreciate it if anyone could advise me with my case.

You're only only to legally stay for 4 more montsh, how are you going to keep a legal status for the next 18 months for the adjustment of status,??

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Hello,

I am a Canadian Citizen, I moved to US 2 months ago and I got married! My wife is waiting for her green card now after she was on asylum for 1 year. According to our lawyer, my wife could receive her green card within 2-3 months. As a Canadian Citizen, I currently have no status in the US, and I am only allowed to remain in the US for 4 more months ( total of 6 months). If my wife receive her green card before the 4 months has passed, I could file to adjust my status while I am in the US. If I over stay in the US for more than 6 months, I might get banned from the US for up to 10 years.

When the time comes to adjust my status, I will need a sponsorship. My wife cannot sponsor me because she makes less than 12000$/year. I would really appreciate it if anyone could advise me with my case.

instead, can you

be in the USA

on a

TN-1 visa?


Sometimes my language usage seems confusing - please feel free to 'read it twice', just in case !
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Thanks for the reply. According to USCIS website, I can adjust my status, here is the link for your reference: http://www.uscis.gov/family/family-us-citizens/spouse/bringing-spouses-live-united-states-permanent-residents

since yer spouse is a LPR,

I hope you understand, or seek to understand (soon)

exactly what the priority date means

for legal permanent residents

seeking to sponsor a foreign spouse

and

you've reviewed all in the monthly visa bulletin

and have thoroughly immersed yerself into

the knowledge of

'Priority Date' therein.

If no, well, get busy ! You turned on the switch, it's on you or her to keep the flow a'flowing...


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 !

2mzcunl.gif

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Hi,

In order to adjust status, two things must happen; 1) a visa number is available to you, and 2) you are in legal status.

When an LPR files for a spouse, the spouse must wait for an available visa number. Right now, those with petitions from BEFORE March 2014 are eligible for adjustment. The wait is about one and a half year.

Once your wife files for you, there is no available visa number because your case will not be current. If you file to adjust without an available visa number, your AOS will be deny. Furthermore, you could be penalized for filing an adjustment without merit, and any overstay could result in a ban after you leave.

Furthermore, you must be in legal status when a visa number becomes available. Since it takes about 18 months for an available, there is no way for you to maintain legal status in the US for that long.

Here are some problems; Overstays are not forgiven for the spouse of an LPR. If you overstay, you are screwed. You will have to leave and wait in Canada for a visa. You can not leave and come back with the intent to immigrate. As the spouse of an LPR, you will not get the nice treatment that the spouse of a USC would get.

This is how it's going to go (the legal way and the one that will not get you in trouble).

1. You leave before your 6 months are over so you don't overstay.

2. LPR wife files an I-130 for you.

3. You can visit your wife during the 18 months wait for an available visa number.

4. Once a visa number becomes available, you apply for an immigrant visa. This will take 6-12 months.

5. Then you move to the US with your immigrant visa.

There is NO OTHER WAY.

We are all trying to help you. You are working under some very wrong information. We are trying to prevent you from ###### up the immigration process for yourself.

Best of luck

Edited by aaron2020

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From the link you provided; http://www.uscis.gov/family/family-us-citizens/spouse/bringing-spouses-live-united-states-permanent-residents

Green card holder (Permanent resident)

Inside the United States (through lawful admission or parole)

File Form I-130. After a visa number becomes available, apply to adjust status to permanent residency using Form I-485. NOTE: Unless the beneficiary (your spouse) had an immigrant visa petition or labor certification pending prior to April 30, 2001, the beneficiary must have continuously maintained lawful status in the United States in order to adjust status. See form instructions for more information.

A visa number becomes available to you when your Priority Date becomes current. The current wait is 18 months when an LPR petitions for a spouse. You will not have an available visa number when your wife files. It will be around 18 months before a visa number becomes available to you.

Edited by aaron2020

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Hello everyone,

Thanks so much for the advise you have given me in the past, I would have be in trouble if I decided to overstay in the US!

1-I moved back to Canada before the 6 months was over.

2-My wife is still waiting for her Green card to be processed, according to USCIS processing time, she should had have it by now, but there is an unexpected delay of 2 months with her papers!

3- I read online I can apply for Advanced Parole while she is adjusting status, should I apply for advanced parole and bring her to Canada to live with me until they processed her Green Card or is it better to wait until she gets her Green Card?

4- Lets say she got her Green card before she moves to Canada, should I still apply for Advanced Parole so she can stay outside US for 2 years or less, or is it better for her to travel to US every 6 months?

5- I gave up on TN1 Visa

We are lost now between Canada and US, she is having difficulty living by her self and away from me. I can easily bring her to Canada and sponsor her here, but we are looking to move to US at the end and start our life there.

Your help is highly appreciated!

Regards,

Tony

Edited by Tonny Lancaster

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would it help if one of you lived in Detroit, the other in Windsor ?

re: TN-1 visa - why did you give it up ?

Edited by Darnell

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 !

2mzcunl.gif

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