Trying to legalize girlfriend(Or help legalize)

[Suss&Camm 2,213]

4 minutes ago, Tanner C said:

 

Thank you for that, practically right on. I believe that is exactly what had happened. On her passport as a child there is no i-94. Plus it being 1998 and her being 2 I'm sure they didn't give it to her. I will consider the option, just can't say it's about that time just yet. Maybe within a few years, always have to make sure it's the one as well as being able to provide for not just myself. For us. Would just think though that for her background there would be something else we can do that isn't so time consuming. This is her home, where she grew up, where she wants to grow old. Schooling since 4, college, etc. Long road to just hit a block for a few years.

With Trump ending DACA I'm afraid not. Hope for Congress to do something about it so that she can get the extra time you both seem to need. 

I checked the PD for her mother's category "married children of LPR over 21, F2B - and seems to be Nov 2010 at the moment. So if filed today about a 7 year wait.

I'm so sorry she's in this position.

[abum 324]

6 minutes ago, mcdull said:

something's not right here. Children born to Permanent residents overseas assume permanent resident status upon entry to the States.

i have the same understanding as well - but maybe the ACT that allowed that was passed AFTER she crossed the border?

[Suss&Camm 2,213]

7 minutes ago, mcdull said:

something's not right here. Children born to Permanent residents overseas assume permanent resident status upon entry to the States.

That's right, if the child has not yet turned 2 years old and it is the lpr parent's first re-entry since the child being born... 

I would find it strange that this hadn't come up if it were the case?

[mcdull 474]

1 minute ago, Suss&Camm said:

That's right, if the child has not yet turned 2 years old and it is the lpr parent's first re-entry since the child being born... 

I would find it strange that this hadn't come up if it were the case?

the post doesn't make any sense. so a LPR mother would let the child be illegal whilst there are many many recourses available to legalise her status?

why would a Canadian work a minimum wage job in the States knowing that the child doesn't have legal status?   

 

 

Based on what OP said,  it seems they haven't in these years returned to Canada at all, which is also very suspicious.

 

 

[Suss&Camm 2,213]

Also - it seems you would be financially better off if she could work.. she needs to be legal to work. So I see a catch 22 in the whole "I want to be able to provide for her". Were you married, she'd be legal, could work = 2 incomes. js sometimes life happens while we are busy planning other things. 

[Suss&Camm 2,213]

2 minutes ago, mcdull said:

the post doesn't make any sense. so a LPR mother would let the child be illegal whilst there are many many recourses available to legalise her status?

why would a Canadian work a minimum wage job in the States knowing that the child doesn't have legal status?   

The mother doesn't seem to be the responsible type. She also doesn't seem to have much money.. probably the $2000+ fees for the 2 children that hampered that? 

2 minutes ago, mcdull said:

 

Based on what OP said,  it seems they haven't in these years returned to Canada at all, which is also very suspicious.

 

 

Why suspicious?

[Tanner C 1]

2 minutes ago, mcdull said:

the post doesn't make any sense. so a LPR mother would let the child be illegal whilst there are many many recourses available to legalise her status?

why would a Canadian work a minimum wage job in the States knowing that the child doesn't have legal status?   

 

 

Based on what OP said,  it seems they haven't in these years returned to Canada at all, which is also very suspicious.

 

 

My girlfriend has never been back to Canada at all, her Mom on the other hand has gone up there twice this past year. Are you certain the permanent residency would follow upon her children? Sorry I was logged out of my account so I hadn't received any notifications on the post. If what your saying is true I need to clarify with her mom. It may even be that the Mom came over here with the visitor as well and just had her two kids here and went back up and coming back down and getting her permanent. The way she told me was that she came here initially with her permanent residence and had her two kids here and went back up, then back down.

[mcdull 474]

Just now, Tanner C said:

My girlfriend has never been back to Canada at all, her Mom on the other hand has gone up there twice this past year. Are you certain the permanent residency would follow upon her children? Sorry I was logged out of my account so I hadn't received any notifications on the post. If what your saying is true I need to clarify with her mom. It may even be that the Mom came over here with the visitor as well and just had her two kids here and went back up and coming back down and getting her permanent. The way she told me was that she came here initially with her permanent residence and had her two kids here and went back up, then back down.

yes, until her second birthday

[Tanner C 1]

1 minute ago, Suss&Camm said:

The mother doesn't seem to be the responsible type. She also doesn't seem to have much money.. probably the $2000+ fees for the 2 children that hampered that? 

Why suspicious?

I get your point on that, I suppose us both being married could definitely help in the case of money. We just aren't sure at our age is all. I mean, I'm 21; a full time student trying to start my career in I.T. and working full time at a warehouse.. Just trying to get life in order before making such a big commitment ya know. A tough decision.

[mcdull 474]

1 minute ago, Tanner C said:

I get your point on that, I suppose us both being married could definitely help in the case of money. We just aren't sure at our age is all. I mean, I'm 21; a full time student trying to start my career in I.T. and working full time at a warehouse.. Just trying to get life in order before making such a big commitment ya know. A tough decision.

I say: go ahead and get married.

 

If guys don't make mistakes at age 21, when do you when them to make mistakes?

[Tanner C 1]

3 minutes ago, mcdull said:

yes, until her second birthday

So even with her daughter being 1, her getting her permanent residence would follow the daughter? If the visitor passport was the case.

Then if she had her permanent residence before she even came back down, it would still apply to her. So by saying that's the case. How in the world is it she isn't a permanent residence. I need to ask her mom. I feel like she left some things out or misinterpreted the story. Hoping they didn't all come on a visitors and the mom waited till after they were 2 to get her permanent... Seems like it's the case. Hope not.

[Suss&Camm 2,213]

1 minute ago, Tanner C said:

I get your point on that, I suppose us both being married could definitely help in the case of money. We just aren't sure at our age is all. I mean, I'm 21; a full time student trying to start my career in I.T. and working full time at a warehouse.. Just trying to get life in order before making such a big commitment ya know. A tough decision.

Life is full of tough decisions. Sometimes you just have to roll with it. Ofc I get that it's a big decision at this point in time- it shold be. Too mny ppl take marriage way to lightly. 

 

And yes - you should def clarify the circumstances with the mom.

[Tanner C 1]

3 minutes ago, mcdull said:

I say: go ahead and get married.

 

If guys don't make mistakes at age 21, when do you when them to make mistakes?

Hmm.. Like I said, tough decision. Just not sure what her opinion on that is, I suppose we were looking for a way to get her legal without the marriage before even looking at the marriage option. We both wanted to be set to where we can afford the things we want and have a home, etc together before making the decision to do so. 

 

Hypothetically if we were to get married. Is there further steps to take in order for us to get married been as she's illegal, besides the normal U.S. way of getting married if that makes sense. Any further things we would have to do after the fact of getting married?

[mcdull 474]

1 minute ago, Tanner C said:

Hmm.. Like I said, tough decision. Just not sure what her opinion on that is, I suppose we were looking for a way to get her legal without the marriage before even looking at the marriage option. We both wanted to be set to where we can afford the things we want and have a home, etc together before making the decision to do so. 

 

Hypothetically if we were to get married. Is there further steps to take in order for us to get married been as she's illegal, besides the normal U.S. way of getting married if that makes sense. Any further things we would have to do after the fact of getting married?

further steps: get a prenup and a heavy load dishwasher.

 

best of luck!

[Suss&Camm 2,213]

1 minute ago, Tanner C said:

Hmm.. Like I said, tough decision. Just not sure what her opinion on that is, I suppose we were looking for a way to get her legal without the marriage before even looking at the marriage option. We both wanted to be set to where we can afford the things we want and have a home, etc together before making the decision to do so. 

 

Hypothetically if we were to get married. Is there further steps to take in order for us to get married been as she's illegal, besides the normal U.S. way of getting married if that makes sense. Any further things we would have to do after the fact of getting married?

Nope, just marry and file i130/aos package... she would be an LPR in about a year and if you file for AP/EAD with the aos then she be able to legally work and travel during that processing within 3-4 months of filing. 

2 minutes ago, mcdull said:

further steps: get a prenup and a heavy load dishwasher.

 

best of luck!

Hah!