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EsmaRaiger

EsmeGraham Notifications Canadian Citizen Married to USA Citizen, Returning to USA Questions

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2 minutes ago, Teemo said:

No, you can't lie or do any trickery. They know far more than you think they know, and they have your fingerprints from the PoE as well, so changing names won't do anything.  I guess you could just refuse to answer a question. It is tempting to lie - but don't do it, the consequences would be bad and long-lasting. Maybe you'll get lucky and they both won't know when you left and won't ask you anything about your last trip. I can't really judge how likely or unlikely that is. But then again you'd have the ban against you when you tried to adjust status because eventually they'll figure it out. 

 

Hmm I don't think you can find out if they know you are banned without going to the border. You can try calling CBP or USCIS maybe. 

Umm what finger prints? I have never once been fingerprinted .

 

So why doesn't it show the 2005 or 2008 on my 1-94 if the last name changes nothing? cause I was married to a different guy back then so I had a different last name then my maiden name thats on my passport right now.

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Do not try to enter the US with a 10 year bar. This is a major issue.

Never even consider lying or trying to evade immigration law. This comes with a permanent bar and can result in any immigration benefits inappropriately obtained being revoked.

 

They most likely have your departure date already...it's just not showing online yet. Even if they didn't, they would see the past arrival and that's going to raise questions.

Either way, it doesn't matter as the I-485 explicitly asks about overstay. You would just be digging a deeper hole...it's time to stop digging.

 

Your record follows you as an individual, regardless of name. The passport information alone would match your record.

 

Just now, EsmaRaiger said:

So why doesn't it show the 2005 or 2008 on my 1-94 if the last name changes nothing? cause I was married to a different guy back then so I had a different last name then my maiden name thats on my passport right now.

That was before I-94s were electronic, and often they didn't even issue one.

Edited by geowrian

Timelines:

ROC:

Spoiler

7/27/20: Sent forms to Dallas lockbox, 7/30/20: Received by USCIS, 8/10 NOA1 electronic notification received, 8/1/ NOA1 hard copy received

AOS:

Spoiler

AOS (I-485 + I-131 + I-765):

9/25/17: sent forms to Chicago, 9/27/17: received by USCIS, 10/4/17: NOA1 electronic notification received, 10/10/17: NOA1 hard copy received. Social Security card being issued in married name (3rd attempt!)

10/14/17: Biometrics appointment notice received, 10/25/17: Biometrics

1/2/18: EAD + AP approved (no website update), 1/5/18: EAD + AP mailed, 1/8/18: EAD + AP approval notice hardcopies received, 1/10/18: EAD + AP received

9/5/18: Interview scheduled notice, 10/17/18: Interview

10/24/18: Green card produced notice, 10/25/18: Formal approval, 10/31/18: Green card received

K-1:

Spoiler

I-129F

12/1/16: sent, 12/14/16: NOA1 hard copy received, 3/10/17: RFE (IMB verification), 3/22/17: RFE response received

3/24/17: Approved! , 3/30/17: NOA2 hard copy received

 

NVC

4/6/2017: Received, 4/12/2017: Sent to Riyadh embassy, 4/16/2017: Case received at Riyadh embassy, 4/21/2017: Request case transfer to Manila, approved 4/24/2017

 

K-1

5/1/2017: Case received by Manila (1 week embassy transfer??? Lucky~)

7/13/2017: Interview: APPROVED!!!

7/19/2017: Visa in hand

8/15/2017: POE

 

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3 minutes ago, Lemonslice said:

Do you want to visit the USA, or go back to live with your husband? 

 

Also, you are probably an adult and allowed to work on Canada, the cost of your travel should be covered by you or your husband. 

If I can only visit and have to come back then I'm fine with that but I would like to go back and live with him and apply for everything from there as far as Immagration wise

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Filed: AOS (pnd) Country: Canada
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3 minutes ago, EsmaRaiger said:

Umm what finger prints? I have never once been fingerprinted .

I got fingerprinted every time at the port of entry in the last few years, it's just a quick thing on the electronic scanner they have there, so you may have forgot about it. Doesn't change anything either way, you should assume they know who you are and where you've been and when. The US and Canada are great allies (until this weekend! haha just joking) and share lots of information with each other. 

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9 minutes ago, geowrian said:

Do not try to enter the US with a 10 year bar. This is a major issue.

Never even consider lying or trying to evade immigration law. This comes with a permanent bar and can result in any immigration benefits inappropriately obtained being revoked.

 

They most likely have your departure date already...it's just not showing online yet. Even if they didn't, they would see the past arrival and that's going to raise questions.

 

That was before I-94s were electronic, and often they didn't even issue one.

Not when the USA travel in 2005 was via flight and they stamped my passport I had back then with a different last name

 

In 2008 I don't remember if they stamped it or not to be honest but it was via land travel

 

And when I got up to the Border in 2016 they asked me twice "When was the last time you were in USA?" now if they had record of the 2008 one it would of showed up.

 

Because when my Little brother started doing Semi Truck Driving to the USA ......... The USA Border was able to bring up that he was in the USA in 2008 the last time ...... So why would they have it on him and not me when i was with him?

Edited by EsmaRaiger
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8 minutes ago, Teemo said:

I got fingerprinted every time at the port of entry in the last few years, it's just a quick thing on the electronic scanner they have there, so you may have forgot about it. Doesn't change anything either way, you should assume they know who you are and where you've been and when. The US and Canada are great allies (until this weekend! haha just joking) and share lots of information with each other. 

Nope they never once fingerprinted me I was a passanger in the car I would remember them coming over to my side of the car they never did

 

I was basically told by the lawyer i talked to that basically "They basically waived you threw" with no stamp, fingerprints or anything done on me

Edited by EsmaRaiger
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6 minutes ago, EsmaRaiger said:

If I can only visit and have to come back then I'm fine with that but I would like to go back and live with him and apply for everything from there as far as Immagration wise

Fraudulent to enter with the intention to live in the USA, you do need to apply for an immigrant visa if you want to live in the USA - I doubt you'll be allowed to visit with your overstay + American spouse + intent to live in the USA.  

 

Your husband can enter Canada by land without a passport. Only needs ID and his birth certificate, or naturalization certificate.  He might have to be the one visiting you until you get your visa.

Edited by Lemonslice
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Filed: K-1 Visa Country: Wales
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5 minutes ago, EsmaRaiger said:

If I can only visit and have to come back then I'm fine with that but I would like to go back and live with him and apply for everything from there as far as Immagration wise

Not an option, if you want to immigrate to the US he needs to start the process and it will take several years.

“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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8 minutes ago, EsmaRaiger said:

Not when the USA travel in 2005 was via flight and they stamped my passport I had back then with a different last name

 

In 2008 I don't remember if they stamped it or not to be honest but it was via land travel

I-94s were not always issued (especially on land crossings), and paper I-94s got lost/misplaced/mistyped often. In ~2013 or so they switched to electronic I-94s, which are very easily tracked regardless of name.

 

Quote

And when I got up to the Border in 2016 they asked me twice "When was the last time you were in USA?" now if they had record of the 2008 one it would showed

Possibly. Or they wanted to confirm their records...or see if you entered another time and it wasn't properly recorded.

 

Quote

Because when my Little brother started doing Semi Truck Driving the USA Border was able to bring up that he was in the USA in 2008 the last time ...... So why would they have it on him and not me when i was with him?

Maybe they didn't swipe your passport back then? I can't speak for why they didn't issue one back in 2008, but they absolutely can track you even if your passport name changes. You are in the system now, which is all that matters.

Edited by geowrian

Timelines:

ROC:

Spoiler

7/27/20: Sent forms to Dallas lockbox, 7/30/20: Received by USCIS, 8/10 NOA1 electronic notification received, 8/1/ NOA1 hard copy received

AOS:

Spoiler

AOS (I-485 + I-131 + I-765):

9/25/17: sent forms to Chicago, 9/27/17: received by USCIS, 10/4/17: NOA1 electronic notification received, 10/10/17: NOA1 hard copy received. Social Security card being issued in married name (3rd attempt!)

10/14/17: Biometrics appointment notice received, 10/25/17: Biometrics

1/2/18: EAD + AP approved (no website update), 1/5/18: EAD + AP mailed, 1/8/18: EAD + AP approval notice hardcopies received, 1/10/18: EAD + AP received

9/5/18: Interview scheduled notice, 10/17/18: Interview

10/24/18: Green card produced notice, 10/25/18: Formal approval, 10/31/18: Green card received

K-1:

Spoiler

I-129F

12/1/16: sent, 12/14/16: NOA1 hard copy received, 3/10/17: RFE (IMB verification), 3/22/17: RFE response received

3/24/17: Approved! , 3/30/17: NOA2 hard copy received

 

NVC

4/6/2017: Received, 4/12/2017: Sent to Riyadh embassy, 4/16/2017: Case received at Riyadh embassy, 4/21/2017: Request case transfer to Manila, approved 4/24/2017

 

K-1

5/1/2017: Case received by Manila (1 week embassy transfer??? Lucky~)

7/13/2017: Interview: APPROVED!!!

7/19/2017: Visa in hand

8/15/2017: POE

 

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18 minutes ago, Lemonslice said:

Fraudulent to enter with the intention to live in the USA, you do need to apply for an immigrant visa if you want to live in the USA - I doubt you'll be allowed to visit with your overstay + American spouse + intent to live in the USA.  

 

Your husband can enter Canada by land without a passport. Only needs ID and his birth certificate, or naturalization certificate.  He might have to be the one visiting you until you get your visa.

Where do you can see he can enter without a passport? Cause everything I have searched up in regards to Entering Canada from USA he would need a passport.

 

And I know for a fact the Greyhound stops at the Canada Border and you have to get off and go inside talk to them and then get back on the bus after your all done.

 

Cause that's what I had to do when I came from the USA into Canada by Greyhound.

 

17 minutes ago, Boiler said:

Not an option, if you want to immigrate to the US he needs to start the process and it will take several years.

He isn't working at the moment he has been out of work for almost 3 months ............ Can I find a job and start the process myself on my end?

 

11 minutes ago, geowrian said:

I-94s were not always issued (especially on land crossings), and paper I-94s got lost/misplaced often. In ~2013 or so they switched to electronic I-94s, which are very easily tracked regardless of name.

 

Maybe they didn't swipe your passport back then? I can't speak for why they didn't issue one back in 2008, but they absolutely can track you even if your passport name changes. You are in the system now, which is all that matters.

There were 5 of us in a Car/Truck van that went to the USA in 2008 ......... My Mom, Dad, Little brother, Myself and my first husband.

 

My dad gave them all 5 Passports so to swipe only 4 out the 5 that seems unreasonable.

 

This husband I am married to now is my 2nd husband.

 

And Enchanced ID doesn't have the same number a Passport Number would have for them to run that.

Edited by EsmaRaiger
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Identification requirements for U. S. citizens and permanent residents

If you are a U.S. citizen or permanent resident, you must carry proof of citizenship such as a passport, birth certificate, a certificate of citizenship or naturalization, a U.S. Permanent Resident Card, or a Certificate of Indian Status along with photo identification. If you are a U.S. permanent resident, ensure you carry proof of your status such as a U.S. Permanent Resident Card.

https://www.cbsa-asfc.gc.ca/travel-voyage/ivc-rnc-eng.html

I think finding a job should be the priority for both of you, without money, no visa, no visit, no waiver...

Edited by Lemonslice
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