Jump to content

41 posts in this topic

Recommended Posts

Hi, everyone.  We need some advice.  My Canadian girlfriend went to Arizona to visit friends 10/29/19.  She decided to stay in the USA . SHe came to LA to stay with me and my girls and to visit other friends of hers.  She then stayed over Thanksgiving and went to NorCal with my girls and my parents and brothers, etc.  She roadtripped with me and my girls back to LA . Her parents and sister and nephew came to SoCal for Christmas and we all rented a house together in Palm Springs.  While there, her parents saw her with my girls and said it's crazy for her to be away from her new family.  THey were right.  She stayed her and we got married January 10th.

 

We are now filing an AOS.  She lives here.  She is a step mom.  On insurance.  Bank accounts, etc.  THis is the real deal and the girls and I need her and love her.

 

QUESTION -- Is the fact that we got married 81 days after she came to the USA an issue?  We just had a lawyer tell us that it's a problem because we got married within 90 days of her coming here even though she truly had no intent to stay here when she came through.  She still had a place in Canada. Her stuff was there, etc etc.  

 

Is this 90 day rule a hard and fast rule that should be freaking us out?  Or when we have our interview can the office make his or her own judgment based on who we really are? Is it a 90 day line in the sand that we accidentally crossed?  Or is it more a guideline?  

 

Thanks for the brutal honesty and guidance.  

Share this post


Link to post
Share on other sites

Like @Lil bear said, the 30-60-90 days thing is not a concern. You can file without worry, here’s the appropriate guide for it: 

 

EAD and AP is highly recommended. 


  • 2020-02-05: Packet send to Chicago lockbox w/USPS
  • 2020-02-06: Packet received
  • 2020-02-12: Confirmation texts received
  • 2020-02-13: Cheques cashed
  • 2020-02-15: NOAs received (Notice date 2020-02-11)
  • 2020-02-20: Requested to Expedite EAD through phone 

 

 

——————————

 



event.png


 

Share this post


Link to post
Share on other sites

Thanks.  You just talked us off the ledge.  A lawyer just got us really freaked out about defrauding the government because we got married in 81 days and not 91 days and that made no sense to us.  Our girls would be devastated!

SO the next question -- on the 130 it asks for her physical addresses and when she lived there.

Do we overlap the two?  She paid rent in Canada through January 2020

But she has been here since November.  But she wasn't really living here.  She was staying here until she decided in January to stay.  So now she has health insurance and is on car insurance and banks account.  So there's no real answer for when she stopped living in Canada and started living in USA permanently.  She was intending to go back until recently so how do we say when she lived in Canada until (since she was paying rent while being here?)

Share this post


Link to post
Share on other sites
3 minutes ago, ourwildjourney said:

So there's no real answer for when she stopped living in Canada and started living in USA permanently.

She stopped living in Canada the day she arrived in the US....because she never returned..imo.

Edited by missileman

                    "What I am to be, I am now becoming"-  Benjamin Franklin     

   :idea:MSC (National Benefits Center) I-751 filers- Please add your data :idea:                          https://docs.google.com/spreadsheets/d/1Id1duRRByZHJmhEzl9N25GqwzcnUyLCR4e4N9W6zGLg/edit#gid=0

 

Retired 20 year US Air Force Missileer (Retired E-8)

Retired Registered Nurse with practice in Labor/Delivery, Home Health, Adolescent Psych, Adult Psych

Retired IT Professional, Software Developer, Database Manager

 

Immigration Journey:

  • Texas Service Center after transfer from Nebraska
  • Consulate :Taipei, Taiwan
  • Marriage: 7/30/2015
  • I-130 NOA1 : 4/27/2016
  • I-130 Approved :9/8/2016
  • Case received at NVC: 10/11/2016                               
  • Case # and IIN#: 10/24/2016
  • AOS Fee Invoiced:10/24/2016  
  • AOS Fee Paid:10/25/2016
  • IV Fee Invoiced:10/24/2016  
  • IV Fee Paid:10/25/2016
  • DS-260 Completed: 10/28/16
  • Scan Date:11/9/2016
  • Supervisor review: 12/21/16 
  • Checklist: 1/13/17 
  • Case Complete: 4/10/17
  • Interview Date: 5/8/17 
  • Visa  "ISSUED": 5/10/17
  • Visa and Passport in hand/Flight to USA Booked!!!: 5/12/17  
  • POE Dallas DFW on June 22, 2017
  • SS Card received : 7/3/2017
  • 2-year Green Card received in mail: 7/15/17
  • I751 mailed to Dallas PO Box: 3/28/2019
  • I-797 extension letter  for ROC dated 4/2/2019  MSCxxxxxxxxxx received: 4/6/2019
  • Biometrics apt received for 4/25/2019: on 4/12/2019
 

Share this post


Link to post
Share on other sites
3 minutes ago, Poseidon1212 said:

Like @Lil bear said, the 30-60-90 days thing is not a concern. You can file without worry, here’s the appropriate guide for it: 

 

EAD and AP is highly recommended. 

Thank you!  Yes we are head deep in everything right now. 

What we are having trouble with is saying the dates she lived in Canada through and then the dates she started physically residing at her home with me and the girls here.  Is it okay for us to say Canada through December (since she was paying rent and thought she was going back) and then California starting December?  Or do we need to decide when she for sure 100% was not going to go back and that's the date even though her stuff and apartment were still in Vancouver?

Share this post


Link to post
Share on other sites
1 minute ago, ourwildjourney said:

Thank you!  Yes we are head deep in everything right now. 

What we are having trouble with is saying the dates she lived in Canada through and then the dates she started physically residing at her home with me and the girls here.  Is it okay for us to say Canada through December (since she was paying rent and thought she was going back) and then California starting December?  Or do we need to decide when she for sure 100% was not going to go back and that's the date even though her stuff and apartment were still in Vancouver?

It doesn't really matter.  Don't overlap the dates.


                    "What I am to be, I am now becoming"-  Benjamin Franklin     

   :idea:MSC (National Benefits Center) I-751 filers- Please add your data :idea:                          https://docs.google.com/spreadsheets/d/1Id1duRRByZHJmhEzl9N25GqwzcnUyLCR4e4N9W6zGLg/edit#gid=0

 

Retired 20 year US Air Force Missileer (Retired E-8)

Retired Registered Nurse with practice in Labor/Delivery, Home Health, Adolescent Psych, Adult Psych

Retired IT Professional, Software Developer, Database Manager

 

Immigration Journey:

  • Texas Service Center after transfer from Nebraska
  • Consulate :Taipei, Taiwan
  • Marriage: 7/30/2015
  • I-130 NOA1 : 4/27/2016
  • I-130 Approved :9/8/2016
  • Case received at NVC: 10/11/2016                               
  • Case # and IIN#: 10/24/2016
  • AOS Fee Invoiced:10/24/2016  
  • AOS Fee Paid:10/25/2016
  • IV Fee Invoiced:10/24/2016  
  • IV Fee Paid:10/25/2016
  • DS-260 Completed: 10/28/16
  • Scan Date:11/9/2016
  • Supervisor review: 12/21/16 
  • Checklist: 1/13/17 
  • Case Complete: 4/10/17
  • Interview Date: 5/8/17 
  • Visa  "ISSUED": 5/10/17
  • Visa and Passport in hand/Flight to USA Booked!!!: 5/12/17  
  • POE Dallas DFW on June 22, 2017
  • SS Card received : 7/3/2017
  • 2-year Green Card received in mail: 7/15/17
  • I751 mailed to Dallas PO Box: 3/28/2019
  • I-797 extension letter  for ROC dated 4/2/2019  MSCxxxxxxxxxx received: 4/6/2019
  • Biometrics apt received for 4/25/2019: on 4/12/2019
 

Share this post


Link to post
Share on other sites

Was this an Immigration Lawyer?


“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.”

Share this post


Link to post
Share on other sites
2 minutes ago, ourwildjourney said:

Thank you!  Yes we are head deep in everything right now. 

What we are having trouble with is saying the dates she lived in Canada through and then the dates she started physically residing at her home with me and the girls here.  Is it okay for us to say Canada through December (since she was paying rent and thought she was going back) and then California starting December?  Or do we need to decide when she for sure 100% was not going to go back and that's the date even though her stuff and apartment were still in Vancouver?

Personally I don’t think it matters much. If the IO wants to know details about the transition then they’ll ask. However, as personal preference I like to stick with verifiable stuff e.g. using the end of her lease or when she wrote herself out of the civil registry if applicable as end date there and start date in the US. That way there’s an actual paper trail. But that’s just me. 


  • 2020-02-05: Packet send to Chicago lockbox w/USPS
  • 2020-02-06: Packet received
  • 2020-02-12: Confirmation texts received
  • 2020-02-13: Cheques cashed
  • 2020-02-15: NOAs received (Notice date 2020-02-11)
  • 2020-02-20: Requested to Expedite EAD through phone 

 

 

——————————

 



event.png


 

Share this post


Link to post
Share on other sites
2 minutes ago, missileman said:

She stopped living in Canada the day she arrived in the US....because she never returned..imo.

Yes . . . but she came to USA to see friends in Arizona first and truly was a tourist at that time and was paying rent in Canada.  So she really was "living" in Canada and "visiting" the USA until at some point this family and this country became more her home than there.  This feels like a Sarte existential question of "where does one truly live" . aahhhhhhh :)

THANK YOU!!!!

Share this post


Link to post
Share on other sites
1 minute ago, ourwildjourney said:

Yes . . . but she came to USA to see friends in Arizona first and truly was a tourist at that time and was paying rent in Canada.  So she really was "living" in Canada and "visiting" the USA until at some point this family and this country became more her home than there.  This feels like a Sarte existential question of "where does one truly live" . aahhhhhhh :)

THANK YOU!!!!

OK.  Then put the date she decided to stay in the US....it doesn't matter...Just don't overlap the dates......

Edited by missileman

                    "What I am to be, I am now becoming"-  Benjamin Franklin     

   :idea:MSC (National Benefits Center) I-751 filers- Please add your data :idea:                          https://docs.google.com/spreadsheets/d/1Id1duRRByZHJmhEzl9N25GqwzcnUyLCR4e4N9W6zGLg/edit#gid=0

 

Retired 20 year US Air Force Missileer (Retired E-8)

Retired Registered Nurse with practice in Labor/Delivery, Home Health, Adolescent Psych, Adult Psych

Retired IT Professional, Software Developer, Database Manager

 

Immigration Journey:

  • Texas Service Center after transfer from Nebraska
  • Consulate :Taipei, Taiwan
  • Marriage: 7/30/2015
  • I-130 NOA1 : 4/27/2016
  • I-130 Approved :9/8/2016
  • Case received at NVC: 10/11/2016                               
  • Case # and IIN#: 10/24/2016
  • AOS Fee Invoiced:10/24/2016  
  • AOS Fee Paid:10/25/2016
  • IV Fee Invoiced:10/24/2016  
  • IV Fee Paid:10/25/2016
  • DS-260 Completed: 10/28/16
  • Scan Date:11/9/2016
  • Supervisor review: 12/21/16 
  • Checklist: 1/13/17 
  • Case Complete: 4/10/17
  • Interview Date: 5/8/17 
  • Visa  "ISSUED": 5/10/17
  • Visa and Passport in hand/Flight to USA Booked!!!: 5/12/17  
  • POE Dallas DFW on June 22, 2017
  • SS Card received : 7/3/2017
  • 2-year Green Card received in mail: 7/15/17
  • I751 mailed to Dallas PO Box: 3/28/2019
  • I-797 extension letter  for ROC dated 4/2/2019  MSCxxxxxxxxxx received: 4/6/2019
  • Biometrics apt received for 4/25/2019: on 4/12/2019
 

Share this post


Link to post
Share on other sites
1 minute ago, Boiler said:

Was this an Immigration Lawyer?

Yes but a friend and not someone we were paying for counsel.  So I couldn't tell if they were giving the conservative opinions or were talking about hard and fast rules.  I guess the question is if the customs agent at the interview gets to make up his or her mind based on the facts or just says "Nope - married 81 days in so it's a violation of a hard and fast rule" or something.

So stressful!!!

Share this post


Link to post
Share on other sites

There would have to be a rue first for that to be an issue.


“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.”

Share this post


Link to post
Share on other sites
4 minutes ago, Boiler said:

There would have to be a rue first for that to be an issue.

Why does everyone keep talking about this 90 days after crossing the border? 

Where is it coming from?

10 minutes ago, missileman said:

OK.  Then put the date she decided to stay in the US....it doesn't matter...Just don't overlap the dates......

Thank you!

Share this post


Link to post
Share on other sites
 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
- Back to Top -


Important Disclaimer: Please read carefully the Visajourney.com Terms of Service. If you do not agree to the Terms of Service you should not access or view any page (including this page) on VisaJourney.com. Answers and comments provided on Visajourney.com Forums are general information, and are not intended to substitute for informed professional medical, psychiatric, psychological, tax, legal, investment, accounting, or other professional advice. Visajourney.com does not endorse, and expressly disclaims liability for any product, manufacturer, distributor, service or service provider mentioned or any opinion expressed in answers or comments. VisaJourney.com does not condone immigration fraud in any way, shape or manner. VisaJourney.com recommends that if any member or user knows directly of someone involved in fraudulent or illegal activity, that they report such activity directly to the Department of Homeland Security, Immigration and Customs Enforcement. You can contact ICE via email at Immigration.Reply@dhs.gov or you can telephone ICE at 1-866-347-2423. All reported threads/posts containing reference to immigration fraud or illegal activities will be removed from this board. If you feel that you have found inappropriate content, please let us know by contacting us here with a url link to that content. Thank you.
×
×
  • Create New...