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Mimikinsie

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Posts posted by Mimikinsie

  1. My husband and I got married last september and we finally sent the package containing the forms I-130 and AOS at the end of January. On February 3rd, I recieved a Request for Initial Evidence. As it turned out, we forgot to include the form I-864 in the package. So I printed the form and gave it to my husband (my sponsor) to file but the problem is that they ask for copies of tax returns and my husband hasn't filed his taxes in the last 3 years. He said he was going to file them as soon as possible but that he wouldn't be able to pay them since he has accumulated a pretty significant amount of back taxes due to some issues with his old bank which had to close and wasn't able to send him the proper documentation.

    So my questions are: is the USCIS going to deny my AOS if my husband isn't able to pay his taxes at this time? Would it be okay for him to file his taxes for the last 3 years right now without paying them right away? Would we then be able to send the required documents to the USCIS before the 87 days limit expires (May 1st)? I have never filed taxes before so I don't know how long the whole process takes...

    Any help would be greatly appreciated.

  2. Hi,

    I'm a 23 years old Canadian girl currently in the US under the visa waiver program. I came here in May to visit for the summer like we did the last 2 years but at the end of the summer my boyfriend proposed to me and we got married in september. I posted on this forum a little while ago to see which visa I should apply for in order to stay with my husband during the immigration process and most people told me that since I was already in the US I should apply for adjustment of status at the same time my husband fills his petition for alien relative. So we started the process, printed the forms, filled I-130, I-485 and G-325A, got our pictures taken and everything, asked our roommate to write an affidavit to confirm that our marriage is bona fide etc. I'm currently doing the medical examination and vaccination record form and I have a visit scheduled with a civil surgeon next week.

    Now the reason why I'm writing on this forum is because I'm worried that something will go wrong if I have been in the US for more than the allowed 6 months/year. Before I came to the US this summer I visited a couple times: I was in the US from Jan 1st to 19th (19 days), then from March 15th to 23rd (9 days), then from May 5th to June 11 (36 days) then from June 18 til now (133 days). So when we got married and started the immigration process I had been in the US less than 182 days but now I'm around 197 days and we still havent been able to send the forms. Could that cause any problems when they recieve my application? Could I get deported because of this?

    Any advice would be greatly appreciated

    Thank you

  3. Thank you so much for your responses.

    You can file CR-1 visa and still be able to visit during the waiting period.

    Would I still be able to visit even if I've exceeded the amount of time I'm allowed to spend in the US per year?

    After application you won't be able to go back to Canada at all until you have your Green Card in hand. For us that was about 5 months.

    The only reason why I would have to go back to Canada would be to get my medication... I renewed my prescriptions in June and they are good until February 2014 so I wouldnt need to go back to renew them. Right now I have enough medication for about a month on me. So I either have to go back to Canada to get more or find a way to have it shipped to me here.

    Spend a few hours doing a whole lot of reading on here so you understand what getting married while you're on a visit means for Immigration.

    From what I understand it's all about the intent you had when you crossed the border, correct? Initially I was just going to spend the summer with my boyfriend like we did last year but as time went by we realised that we wanted to be together for good and start a life together. I've just graduated from college so nothing was holding me back anymore. We were both against marriage but we soon realised that it might be the only way we could be together so here we are.

    Alright so, let me reiterate, we could get married next week then send in the I-485 for adjustment of status and I could legally stay here while the application is processed? We wouldnt have to file in the I-130 at all? If I filled the form I-131 (application for advanced parole) at the same time I filled the I-485 would I then be able to travel to Canada while the adjustment of status is pending?

  4. Hi,

    I'm a 23 years old Canadian girl currently in the US visiting my boyfriend on a tourist visa. I have been here for about 5 months now. My boyfriend and I have been dating for 2 years now and are now thinking of getting married so we can start a life together here in the US. I have to leave the US soon so I don't stay more than the 6 months allowed and I'm afraid that if I leave I won't be allowed back anytime soon. I have been gathering information on the immigration process but I'm still unsure which visa I should be applying for. Ideally, we would like to be able to be together while all the paperwork is being processed. Would it work if we got married, filed for CR-1 then file for K3 when I go back to Canada so I can come back to the US as a non-immigrant to wait for the I-130 approval?

    Basically we're looking for the process which involves the least time we'll have to spend apart.

    Any help would be greatly appreciated

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