grrrrreat

I am of the opinion that unless it's a K-1 visa applying for the AOS, the AP shouldn't be granted if currently in overstay.

Why though? Just to punish overstayers? And why would K-1s get an exception. They could have applied to adjust status before their I-94 expired as well.

Thank you for your reply Great. What do you mean by (although it's unlikely for Canadians until they're actually removed)?

Canadians don't start accruing illegal presence until they are ordered to leave, so you probably wouldn't incur an overstay ban even if you departed the U.S. BUT the safest and best thing for you to do right now is to adjust, so put all the rest of it out of your mind until you're finished adjusting.

It's in progress. I only just sent in my AOS package. Plan on booking a flight home the day I have my AP in hand

I was just saying I havent been able to travel for the fear of having my TN revoked because of intent issues.

Fair enough.

like grrrrrrrrreat said, yes you can still get the TN. However, also like he mentioned, it's a bit more scary when you know they have grounds to deny you. Having an I-130 filed sure sounds like intent to me...

I haven't been back in Canada in 2.5+ years, since I got married. Marriage to a USC is some pretty clear intent, and I just can't risk losing my job because I have my TN revoked at the border.

It can't hurt to try though. The worst that could happen is they reject your TN application, and then do the whole fingerprint, photograph, and interrogate you for hours thing, and then send you on your way back into canada.

On the plus side, they're nice enough to send you back to Canada with a voucher to cross the toll bridge for free!

If you are applying for adjustment, why don't you get an advance parole and then you can travel to Canada as much as you want without intent issues?

Thanks for your replies. Thing is, we have an apt and a bank acct in the US; just now, we are living abroad.

Is there a difference between the first green card and the 10 year one in terms of how often we need to travel to the US?

If you've made your permanent home outside of the U.S., you've abandoned your permanent resident status. This is the rule--there's no "how often we need to travel to the US" and it doesn't matter whether you have a 10-year card or not.

Eventually you will be denied entry and asked to surrender your Green Card.

A green card is for a person who wishes to live and work in the United States. If you are living outside the United States (with no plans to return) - and you are not abroad on military service - then you are not in compliance with the responsibilities of being a green card holder (top of the list being you have to actually live in the country).

Depending on how long your husband has been present outside of the United States then his green card may already have been invalidated. Green card holders can usually travel overseas up to six months (continuously) without issue. Between six and twelve months it gets more tricky, and CBP would probably want to see proof that you have maintained a domicile in the United States (mortgage payments, lease agreement for a home, maintained a US bank account, etc.). Trips that will be over 1 year but less than 2 years require you to have a re-entry permit (obtained by filing an I-131 before leaving) in order to even be able to apply to be re-admitted to the United States, and you would of course need to prove once more that you have maintained a domicile here with every intention of returning. Trips over two years and your green card has likely already been automatically voided.

In short, when you are spending the majority of your time outside of the United States on a regular basis then you will run into problems. It may not be the first time you try, or even the second, but at some point a CBP officer is going to notice that you are spending more of your time outside the country than inside, and this could result in penalties up to and including the cancellation of his green card.

Yup I agree! Here is the USCIS page regarding being outside the U.S. as a permanent resident: http://www.uscis.gov/portal/site/uscis/menuitem.eb1d4c2a3e5b9ac89243c6a7543f6d1a/?vgnextoid=0c353a4107083210VgnVCM100000082ca60aRCRD&vgnextchannel=0c353a4107083210VgnVCM100000082ca60aRCRD

I am a lawyer and this is the #1 way people lose their permanent resident card.

I'll add that to even get a reentry permit, you have to prove U.S. domicile. You can't just assume you'l get it and stay protected.

Regarding the 'not enough time to get AP', how about on the AP form, it asks you if you wanna receive it OUTSIDE USA? see attachment pic.

She can enter USA on K1, get married asap, file for AOS and AP, then leave for Russia and get AP in Russia. But im not sure about AOS interview time part.

Adjustment applicants have to be in the U.S. until they get advance parole. There are a few other categories of people who can get AP abroad, but not adjustment applicants.

She will have to apply for a tourist visa at the US consulate in Spain. Although she is not a citizen of Spain the fact she is a resident there should help. She will have to show evidence of having a life in Spain, such as a job etc and enough to fund her own expenses for the trip. It is no different than if she were in her home country.

Congrats for the baby!!!!

Thanks for the help bec some people here said that I should invite her or something.

The consulate used to look at "letters of invitation" from someone in the U.S. that said that the person would provide room and board for the visitor while they were here. The consulates don't really expect that anymore, and they'll probably look more at your mom and her financial situation to make sure she can support herself while she's visiting and will definitely return home.

Hi everyone,

I suppose to change my 2 years greencard to 10 years greencard on March, 2013.

However, my 7 years American citizen husband (7 years in relationship with him, and married for less than 2 year)wants to divorce me, because his mother's interfere, and he started blaming me for everything, because his mother constantly saying negative and bad things about me, asks him to divorce me, otherwise the mother will cut my husband off from the family. My husband even said to me that he has no choose with his mother, but he has choose with me, his wife. So, he decided to choose his mother, and divorce me.

Fortunately, I found a job for myself in real estate agency, and expecting my real estate agent license by August this year.

I need to know if I am able to obtain my 10 years Greencard if he divorced me.

Please help me, it is urgent. I am devastated. I still love him very much, I cried myself to sleep or just stay up all night right now.

Thanks

XH

Yes, if you divorce you will go ahead and apply to remove your conditions as soon as you divorce. You will have to prove that you entered the marriage in good faith, so start collecting evidence of that. If approved, you'll get a permanent resident card (10-year).

You would have sent in form I-34 as the Affidavit of Support in the K1 process, not the I-864, which is a different form, and legally binding, so yes, you need to fill out all the forms they tell you to.

I-134 is legally binding too, it's just prescribed by a different section in the immigration law because K-1 is technically a nonimmigrant visa.

If she has been officially approved for GC (and is therefore a Permanent Resident at that point) then yes, she is entitled to proof of her status for international travel. If she is not approved by the time she needs to travel, then you can use AP. If she is approved, you can no longer use AP and need a stamp.

Actually USCIS told another poster who urgently needed to travel that they could still use their AP after permanent residency was approved. The person had not received their Green Card yet but had a previous advance parole. USCIS said because it was an emergency the person should go ahead and travel abroad and use AP to reenter. But the person had to return to the port of entry when they got the Green Card so that the border patrol could change their status from parolee to returning resident in the computer system.

Not sure how unique that circumstance was but it's worth calling USCIS to inquire about if you have an urgent need.

I am a Canadian Citizen and recently got a job offer in the US. I can apply for a TN status but I am wondering can I do this if I have the I-130 pending. My mother filed the I-130 2 years ago, so this wont be comign through for atleast another 8-10 years due to visa backlog. My question is in the meantime can I go the US and work under the TN Status and will this afect the i-130 in the future in any way? thanks!!

Unfortunately you haven't posted in the right forum because you're not adjusting status in the U.S. Hopefully a moderator will come along and move your post to the right forum.

To answer your question though, yes you absolutely still qualify for a TN visa and it will not affect your I-130. TN visa is a nonimmigrant visa, however, which means you're not permitted to live permanently in the U.S. As a result, you may face questioning when you apply for the TN regarding your intent to return to Canada at the end of your TN stay. This is especially true of someone with an immigrant petition pending. It's helpful if you can demonstrate that you're retaining a Canadian domicile while in the U.S. and still have links to Canada. If approved, you'll get an initial three years and then can reapply after that.

If you're still in the U.S. when your family visa becomes available, you can adjust your status to permanent resident, or you can return to Canada and apply for the visa at the consulate.

I called a CPB officer today and found out that I was illegally present in the US between contract -even if my 1-94 card would not expire for another 4 to 6 months - because the purpose of my TN was no longer being meet. Can I still fill for an AOS? Furthermore I collected UI in the US in between contract thinking that I could - since I still had a valid 1-94. CIS will find that out since I have to present them with my last 3 years tax record. Should I even proceed onward? Or will I be thrown to jail?

You can still adjust. In fact, if you leave now without adjusting you may incur an overstay ban (although it's unlikely for Canadians until they're actually removed). The only relevant requirement for adjusting is that you entered through a port and not without inspection. I don't have any idea about unemployment but that's a state program anyway, not federal. It's actually you're U.S. citizen spouse that has to send in tax records, not you. And why in the world did you call a CBP officer?

Just read the guide and start the adjustment process.

You should get a lawyer to help you with the forms.

This is the first time I've ever heard this advice here but I agree.

In order to clarify, my husband was petitioned in 2006 and the I-140 was approved the same year. My daughter was 23 years old and she holds a dependent visa becasue she is disabled. Is there anything we can do so she will not be here illegally once my husband receives his green card.

Are you a U.S. citizen? Is she your daughter too?

Hey guys,

I think I might have a problem, but maybe you can tell me. So I just got my DS-2019 to apply for a J-1 as a student. But now we've decided to get married and my future husband wants to come with me and therefore will need a J-2. But on my DS-2019 it still says "accompanied by number (0) of immediate family member". So if we want to get our Visas we probably need to have mine to get updated and get an extra one for my future husband, right? And probably they can only process the new DS-2019 after we've gotten married, can't they?

Do you guys have any other idea how to handle the situation? I'm pretty desperate right now.

What are you desperate about? He won't be eligible for the J-2 until you've married. After you get married, ask them to change your DS-2019 and then he can apply for a J-2. He won't be able to come with you if you aren't married, unless he qualifies for another kind of visa.

This is the wrong forum too because you're not adjusting status (becoming a permanent resident).

You can add your husband to the deed, but not the mortgage without refinancing. You should check with your mortgage company to make sure this wont trigger a "due on sale clause". My husband is on our deed, but not the note & mortgage.

Yes check with your mortgage company. But usually spouses can be added to the deed without triggering that clause.

My husband and I are in the process of closing a loan and he is still a CR1. We cannot apply for ROC until October of this year. At the beginning of the process, they asked for a copy of his green card and we submitted what we had. We are due to close on July 27 and I am nervous that will be our hiccup as he is the sole person on the loan. I have another home in my name and cannot be on his loan. Since his arrival in America, we have a child together so I don't think removing conditions will be an issue for us..but am concerned how the underwriters will view the CR1..

This isn't a problem. He's not a "CR-1" anymore, he's a conditional permanent resident. A Green Card is a Green Card no matter how you got it.

Perhaps you're right that this is a Cuba specific question, but it is related to K-1/AOS. I have only vague ideas of what some of the other country specific terminology is too, but that's probably what sets me apart as crazy, and you sane. Click the "Embassy Info" tab at the top of the VJ home page, then Click "C", Do you see Cuba? That's all I'm asking for...and many others would like to see the same. Yes, I know you can find the "consulate reviews" for Cuba through a round-a-bout back door, but please refrain from calling me crazy for requesting Cuba to be recognized on VJ.

Well that's probably because Cuba DOESN'T have a U.S. embassy. In any case, I showed you were the interview reviews for Cuba were, so I'm afraid I still don't understand the problem.

I appreciate your comments. After some reflection I would not be comfortable listing my income (intending immigrant) on line 23 because it states "My current individual income is" - my, being the petitioner. So if I was to exclude her income then that should probably be $0.

I think I will include her income and pertinent evidence along with my income and evidence. I will also include a letter from her stating that she plans to resign in August to attend law school and will note that this won't be a problem for qualification seeing as the intending immigrant's income is included, and will meet the requirement on its own standing. I'll attach the law school acceptance letter as evidence.

My reasoning for doing it this way is that she will continue to earn a salary after the filing date, and it seems strange not to include the petitioners income when there is some to include. I see this as being completely honest and transparent. I don't see this method having a negative impact on the process. Thoughts?

This idea sounds okay. You're providing all relevant information and enough to allow USCIS to adjudicate your I-864. The only quibble is the relevant date for I-864 purposes is the interview, not when it's filed. I wouldn't worry about including your income on line 23, but either way will work out provided you send evidence of your own income and an explanation about the whole matter. I'd leave off the law school letter--they don't need evidence about why she's resigning, since it's not part of the analysis.

See here about studying in the US.

This page is about obtaining permission to enter the U.S. to study which isn't relevant to OP. He doesn't need an I-20 to enter; he's already here. And he wants to adjust status, so he won't be eligible for an I-20 in any case.

Thank you. I definitely wasn't paying much attention to immigration rules, I just came down to visit my cousin and ended up falling in love. I thought she could be the one, so I stayed to see if what I thought was true. I lost my job back home in the process (of course), but I would have regretted it forever if I just left and we never knew what we could have had. Turns out she is the one, I'm glad I stayed to find out.

I realize it looks bad, but the reality is it's just what happened. I hope what you've said is true, that as long as it's all legit (which it is), that I shouldn't have any problems. That's what I've heard, and knowing that lessens my anxiety by a lot. I'll follow that guide and get to work on it. Thanks to those who responded about what to fill in.

This is slightly unrelated, but am I able to apply for College or schooling right now? Or do I have to wait until I get a green card and this process is over?

You'll have to research the requirements of schools around you. Some will say no right now, some will say you can apply when you have an EAD (employment authorization document). Some might admit you but you'll have to pay your own way.

When you file your application, you can include form I-765. That form will request an EAD, which is temporary permission to work until you get a Green Card. It takes a few months to get an EAD, but it usually happens before you get a green card.

Once you have an EAD you can work and probably attend school, if you can pay your own way.

I had my banking info and paystubs in the glovebox, but never presented them because I COMPLETELY forgot that I had them with me, in regards to ties to Canada. I didn't realize it until about 30 minutes after we were across, and I felt really stupid for forgetting them I was living with a family member and wasn't on a lease so that was all I had.

There was no talk of marrying or not marrying anyone, the only thing we talked about was who I was visiting, how long I was staying, how I knew the woman driving me, etc. Does a CR-1 require me to go back to Canada?

Yes you have to go back to Canada for the CR-1, but not until you're ready to interview there. But if you don't think you'll have misrepresentation problems, read my post and the guide I linked just up above and proceed to adjust status.

There is no fine. You just pay the refular processing fees for the forms and biometrics, that's it.

Also - I wouldn't put "none" for status. Every foreigner in the US who did not hop a fence or swin across an ocean to get here has a status - even those who overstayed. That is why you are NOT illegal, even though you have overstayed. I would put "Tourist, overstay".

No don't put "overstay" at all, just put visitor. No need to bring that up at all.

Just a quibble, but "illegal" doesn't mean anything in U.S. immigration law, and recently people are trying to avoid applying that word to human beings. People who came into the U.S. other than through a port of entry "entered without inspection" or EWI for short. People who did something to violate their status are "out of status" and people who overstayed are "overstayed".

Both overstays and people who EWI are unlawfully present--which is the only relevant term in immigration law that comes close to "illegal". ("Unlawful presence" is what triggers the 3 year/ 10 year ban.)

U talking about the I-130?

And they gonna use this address for all the mail they sending me?

Yes.