loveamerica99

This is where we disagree. In my opinion, his hands aren't clean when it comes to asking if she just wanted him for a green card. That was established quite boldly on her part from the get-go by offering him money and the OP rightfully refused. But the relationship continued through several attempts at procuring a green card (my post would have been different otherwise) and to ask at the end of the relationship if she was a green card hunter after being provided with tons of affirmative evidence seemed disingenuous.

To quote the OP: "..... Very early in the relationship, in fact immediately, she wanted me to enter into a [sham] marriage (in exchange for money should the relationship not work out) to help her obtain a green card. I said no because that is a violation of the law and against my morals....... However, the pressure to get married for her a green card began shortly and were constant...."

The majority of posters don't seem to share my take on this. It's difficult for me to view it as harping. But again, we disagree.

Again, he did nothing wrong other than being a fool in love.

if that makes his hands dirty, well all of our hands were dirty at one point.

OP, I know this is just your side and that of course, her side of the story will be different. However, it is totally beyond me why you would continue to pursue a relationship with someone who was blatantly trying to coerce you into immigration fraud. You saw her true colors very early on and for almost 2 years this is the horse you decided to hitch your wagon to. You knew her and obviously the whole "I'll pay you for a green card" thing was A-OK with you.

I don't mean you went for it. You obviously didn't. But you cannot now come here and act all innocent about her character, wanting to know if she wanted a green card (duh!) or wanted your family's money (no, it was the green card she wanted - she even rescinded her objection to the prenuptial agreement).

Even if your side is exactly how it was (and I actually tend to believe your account of the details since I have known similar scammers in my time and those were the exact kinds of issues that came up), you by no means have what is known as "clean hands" in this situation.

So, what was the point of your 3 questions? No doubt you "dodged a bullet", but that bullet was travelling at 1 inch per second and you were doing handstands and cartwheels as you playfully skipped away and waved at it.

I really don't see the point in continuing to harp on the OP for continuing the relationship. People do foolish things for love. People do foolish things in general. OP did not break any laws. To say his hands aren't clean... that's quite a stretch.

OP, I can tell by your posts that you are an intelligent (young) man. You came to your senses and you did the right thing by getting rid of her. Think of it as a learning experience, and look ahead to your bright future.

Wait out your remaining three weeks until you have to go back.

You may meet another nice American while you are down here, who will treat you right.

Good luck, and believe me when I say you are better off without this loser!

I agree, but with it the case is slam dunk. Although not sure how a state could waive a federal issue, but the lawyer should know that. You still call what sounds like your fiance your boyfriend, I don't know how you could possibly know for sure you were going to stay. There are plenty of people that do the same thing you did. Most people don't pack up everything they own and cross the border, I would have really liked to have been there for that story. If you just had a car load, that's not so bad. But if you had like a uhaul or truck load and talked your way through, I wouldn't worry about any interview you will be just fine. Almost once a day someone comes on this forum and asks if they can visit their significant other on a tourist visa and then get married and adjust status once here. Everyone screams no, do you think they all listen? I doubt it. I would have done the same thing with my wife if it were an option. OP I think you'll be just fine. Good luck!

But that's not what I did. I quit my job, packed up my belongings and came down here. If I were coming to "visit" him that would be different. But he was with me when we crossed. And we crossed far from his home state of Washington, into North Dakota.

I have no way of proving any ties to Canada at this point, or even back when I came down. That was a total fluke.

We giggled after they let us through the border, honestly I didn't expect our "story" to work.

Maybe I'm just being paranoid. But to sign a document saying I never lied... or to lie once again and say I didn't lie... that is worrysome to me. I am confident that either way they will let it slide and not force me back to Canada.

I'll let you guys know how the meeting goes on Monday.

He's selling you a bill of goods. There is no waiver needed.

I've considered that, but the thing is that I will have to indicate that I lied on my application. Otherwise i'll be digging myself deeper with another lie, and the thought of being caught just isn't worth it for me. Won't admitting a lie pretty much guarantee it will get rejected? Or that they will require a waiver to proceed any further with it? That's what the lawyer seemed to think. Admittedly, the lawyer wasn't entirely sure what to recommend in my case because he's never had one like it. Even though he's been doing this for decades lol. He needed time to look into it, and my spouse and I both have an apt with him this coming Monday to hear our options. My dad offered to pay for the apt so I'm not concerned about the cost at this point.

The only services I am intending on paying him for is to help me with the waiver, if that's what we decide to do. I'm going to be filing the paperwork/application on my own.

Both of you offer valid advice and I sincerely appreciate it.

I spoke with the lawyer, and things are slightly more complicated than anticipated.

I can file either the I-130 (assuming we get married) or the I-129f and the consequences will be the same... what the lawyer pointed out is that there is a line you must sign on either of these, it asks if you have ever misrepresented yourself for immigration purposes. Obviously I have, and they can find out quite easily that I lied at the border if they look into it. Subsequently, I have no way of actually proving that I didn't come here with immigration intent -- despite the border guards taking me for my word.

So here is what he suggested: get a waiver from the court in Memphis before I file any paperwork. That's basically a legal document saying that I broke the law but have been forgiven and therefore shall not be punished for it. He can help me get the waiver and has done it for immigrants who have committed far worse fraud than I have. That way I can specify on my immigration papers that yes, I have been dishonest. If I indicate that, and I intend to, they are going to require a waiver anyways. So this way it skips a step for me and I can file my (likely the I-130 with the I-485, along with the waiver) without worrying about them finding me out. I will have already admitted my mistake and it will already have resolved itself.

He also said that the I-130 and the I-129f will take roughly the same time period.

I'm still a little uncertain, as is he, as to what exact option he will recommend. The waivers he's obtained in the past were for illegal immigrants, people who basically jumped the fence with no documents. That said, my situation should be more forgiving. But he couldn't make any guarantees. He said he's never had a case like mine, and he will do some research and get back to me. I'll then pay a $280 consult fee and go see him together with my bf and learn our options at that point.

Overall, I am positive and I think it will work out without me having to go back to Canada. It really just depends on how quickly I can get the waiver... if we do decide to go that route.

I've brought my BC pills and my anti-depressants several times in my carry on and never been questioned. I refuse to put them in checked baggage, if it gets lost or delayed I am doomed! I just kept it in original packaging. I'd be surprised if they gave you issues over it.

Thanks guys.

I do want to note that I have not overstayed. It's only been two months, if that, and I have 4 more to go!

They did confiscate my marijuana pipe at the border and interrogated the ####### out of both of us over it. It was cleaned and hadn't been used in a long time, but happened to be stored (forgotten) somewhere in my car and they found it.

They brought the drug dogs in and obviously I had no drugs on me or I wouldn't be here to write this. I'm not that stupid! And the whole time I was worried they'd give me a hard time over bringing my cat.

Yes I will see what the lawyer says. You know I'll probably just go along with my parents so I can explain to him entirely my situation. Hopefully he doesn't charge extra for that.

I'll let you know how it goes. I know my bf/ "fiancée" would be thrilled if I didn't have to go back to Canada. He seemed more upset by it than I was.

I, at least, told her as well as I could and stay within TOS guidelines that that is technically an option but also technically not "proper" and could spell trouble at AOS time (it did for my friend under almost exactly the same circumstances--it turned out ok but not without a huge amount of money and risk). Plus, she can wait out the first 4 months here, and has things that she needs to take care of in Canada as well (and perhaps needs to not be mid-emigration for the healthcare thing? I'm unclear on that point). K1, to me and why I advised it, is the risk-adverse way to do it and has the added perk of "two birds, one stone" of needing to be in Canada anyway.

In terms of your bolded statement, that is not true. Many people who are midway through this process are able to visit, mostly Canadians and Visa Waiver countries. The "Yes, You Can Visit" thread locked at the top of this forum is proof of that, as is the Canada specific forum. Plus it's not an undermined amount of time. It would be the total length of her application minus the 4 months remaining on her visitor's visa. Most new petitions are getting through CSC (where all new petitions are sent) in 1 to 2 months. Counselor processing takes 3. Even if she gets unlucky and takes 3 months to get through CSC, she'd be looking at a 2 month separation.

That's good advice.

I really don't want to take any risks or chances. Not when it comes to this. And the thought of having to fork out extra cash to dig myself out of a rut is also troublesome. We're currently saving to get an apartment and certainly don't have money to waste! I can work in Canada and be better off down here when I do return.

I disagree with everyone saying to leave and file from Canada, all your things are already here. You crossed the border legally. They had a chance to deny you at the border and they didn't. Adjustment of Status will work. If you really want to wait in Canada for a period of time which you can't possibly know for certain if it will take 1 month or 2-3 years with the system the way it is, I don't know why you would risk something like that. Technically you already broke the law, going back doesn't change that fact you just admitted to coming here with the intent to stay. Going back doesn't change that, I'm not sure why people are advising you to do so. Filing for adjustment of status once you are married isn't going to be breaking any new laws. If you go back and file for k1 or CR1, you won't be let back into the country most likely on your tourist visa. So if you want to not see your significant other for an undetermined amount of time go for it. Most people here hate the wait, even though you technically did something wrong to avoid it you are already here the damage is done why go through the agony of being apart if it is someone you really want to be with. That's just my take.

Interesting perspective... to be considered.

I'm going to be upfront here because I do not intend to lie in any way during my immigration. And I want the best advice possible for my current situation.

Even though I did cross "legally", I still had to give an elaborate story and told the border patrol I was coming back to Canada. I'm actually surprised they let me pass (U-Haul and my cat in tow). Plus we entered the country together, after he had spent time with me in Canada.

Will they consider any of that if I file for AOS? Will it be forgiven if they realize I came here with the intent of not returning? I'm not afraid to tell them upfront either.

I have no way to prove any ties to Canada or that I had planned to go back. I quit my full time job about two weeks before coming down here. They will certainly be able to find that out. And that's something I failed to tell border patrol. I told them I worked from online doing graphic design and made my own hours (which is true, but it's only a hobby and I don't make a whole lot).

My parents, incidentally, are going to be meeting with their immigration lawyer today. I'm going to have them ask him about what my best option would be. He once mentioned to them that marriage would be the easiest way to do it, but he did not realize the extent of my situation.

Many open jobs in Nashville

Indeed! my bf got decent a job within one week. but then he has a skilled trade. we were originally going to move to florida but then I got very sick from a spider bite and decided to come back to Nashville to be with my parents. we liked it here so much that we decided to "start out" here instead. He is from Washington state. big change for us both.

Congrats OP!

I find it funny how people are so hard on you for lying to the government, when the government blatantly lies to it's citizens on a regular basis and somehow that's OK.

Yeah exactly. Especially not for just a few months and you've got things to do in Canada anyway. I have a friend who married a Mexican man who already had a 10 year visitors visa. They had zero clue about any of this and didn't do any research, so he crossed the border with immigrant intent, too, and they wound up spending thousands of dollars on an immigration attorney getting all that sorted out, and he wound up being here illegally for a period of time (and living near the border, so higher risk of being detained). Just a nightmare all over paperwork and shortcuts.

All that said--congrats! Sounds like you're recently engaged, then?

That's harsh!

and thanks... I guess I am? we were planning to marry but he'll have to pop the question now and make it official

I gotta say I'm pretty impressed (and very thankful) for all of the information given in here today.

To think I was considering paying a lawyer for advise... that thought is now struck from my head!

Sort of. Ok. You're confusing two things (that everyone confuses so don't worry). Permanent residency ("green card") is what gives you permission to live and work in the US (work authorization and temporary residency or student status are also things that can happen). A visa is what allows you to cross a border. You, as a Canadian, usually don't usually have to worry about a visa to the US, because usually you're just coming to visit and visitor's visas are given automatically at the border. (FYI: most countries in the world have to apply for a visitor's visa in advance, pay $160 and interview at the embassy, and a very high percentage of them are rejected).

Now, different visas give you permission to come in and do certain things. A visitor's visa (which is what you are here on) gives you permission to visit only. Not to work, and not to get married and "adjust status" to the status of permanent resident. Now, sometimes plans change. Sometimes people come for a 2 week visit, and suddenly decide to elope. They can then apply for adjustment of status because when they crossed the border, they did not do so with the intent to stay and adjust. Unfortunately, you did. And for you in your situation, that could very easily be seen as fraud and when it is time to adjust status, it could be found out (no job or residence in Canada), and denied. How likely that is, I don't know. Other people would have to chime in. But basically, at least from my understanding of the situation and how you need to proceed to keep this above-the-board is that you need to apply for a fiance visa or a spouse visa so that you can cross the border with intent to immigrate.

BUT, here's the good news and the enviable position. You're allowed in for 6 months at a time. A fiance visa takes about 6 to 8 months (right now a bit faster). If you apply for a fiance visa, you will be able to do most of your waiting in the US, which is great! Most people wait apart, in their home countries. You'll have to go back to Canada before your 6 months are up....but you'd need to be in Canada for the medical and interview and such anyway. You're right 2-3 months apart is not bad at all for international relationships, even US/Canada relationships. So you have the faster track option available to you (fiance visa) and get to wait it out together, and get to wait it out together for a long period of time (other countries that can come in and get visas on arrival---places like UK and France, they're only allowed in 90 days at a time).

So again, it stinks that because you had immigrant intent when you crossed that you can't (properly) marry, stay and adjust without running some risk. But it's awesome that you have the next best-case scenario available to you.

Thanks. I should have done my research before I came down and I could have played it out differently.

definitely not interested in trying to cheat the system. The risks far outweigh the reward!

And there are positives to going back to Canada for a few months.. That time will go by quickly.

Just be aware that in order to maintain your Canadian healthcare benefits you need to be physically present as a resident usually for a certain amount of time. Check your province's requirements.

thank you, yes, I will still be covered under my "home" province.

But I will likely be going to a different province though which may cause some issues, but I will try.

worst case scenario I keep my dreaded tonsils and just deal with the health issues they cause.

Two reasons that I can think of:

1) a spouse enters on a level of permanence with a greencard pretty much in hand (you get it up to a month or two after entry but it's guaranteed)

2) k1 visa is not a direct immigrant visa. You still have to AOS and can possibly be denied. It also costs more.

Because spouse visas come with permanent residency automatically. Fiances have to get married and then apply for permanent residency. Green cards and associated paperwork take about a year to process. That's why spouse visas take about a year longer (give or take, obviously).

Basically, if you're not already married, you're deciding if you want to wait for your green card in your country or in the US. Waiting for it in your country is a longer but cheaper process, and you can work right away. Waiting for it it the US is more expensive, and the US Citizen will have to support the fiance for a few months until work authorization kicks in, but you get to be together sooner. It's really just different for different people and situations.

I see. Thanks for explaining that.

It will be faster for me to wait for it in Canada... because I can't apply for the spouse one while I'm down here since I did come down with the intent of not returning to Canada - I have no job and no ties there. But I can still finish my 4 months here, and should only have to wait a few more months (in Canada) before returning. So we'll be apart for 2-3 months, that really isn't so bad.

We've wondered why that is to our self at some point in this process..

. The only difference with you is if he is a USC once you get married you can just stay- no need to go back. I think that's going to be your best bet.

Agreed.

And I've accepted this point that I have to go back for a few months. The plus side is I can stay with relatives (for free) and work and save some money while I'm up there. Plus I need to get my tonsils removed and I can do that for free in Canada.

The whole process takes about a year or even longer. Once the petition is approved, you'll have to go through preparing civil and financial documentation. Basically you'd have to go through the entire immigration process and receive a visa before you can even enter the US:

http://www.visajourney.com/content/i130guide1

You only file the I-485 if you are already in the US on a valid visa so you can adjust your status.

I think the K-1 visa is the quickest route.

http://www.visajourney.com/content/k1flow

Interesting... thanks for the info. I find it peculiar that it would take longer to enter as his wife than his fiancé!

Although...geez...after reading your initial post, you mention that you have "already managed to move all your stuff down here".

That says to me that you DID come here with immigrant intent. Adjusting status if immigration was your intent all along would be Visa Fraud.

If that is the case, here's what I would do:

Have your partner file an I-129f for you right away. It will likely be sent to the CSC and approved within two months. You are probably looking at six months until you'd have a fiance visa in hand. You are allowed to stay for up to six months, so you could stay right where you are for the next four months. Then go home to Canada for your interview, medical, etc. You'd probably only be out of the states for two months.

I have another question.

What if we marry down here, and just have him file the I-130? Then I go back to Canada after my 6 months and wait for it to get approved.

Will that take less time? and would I still have to file the I485 when I come back to the US? Would I be able to work in the US once approved?

It is possible, but yeah...CBP will likely see what you are up to and flag you in their system and send you to secondary. From your original post it sounds like you do not have strong ties at all to Canada anymore. They will most likely deny you entry and won't allow you back into the states until you CAN show strong ties. That could take a while to establish, as it sounds like you don't have a job or lease back home anymore.

In my opinion the fiance visa route is going to be your best course. Just stay down here and enjoy the next four months and accept the fact that you will have to go home for a few months to finish out the process. It is not the end of the world, and many, many people on Visajourney would give anything to be in your shoes right now and have that option.

sounds good.

maybe I can stay with my grandma.

Not likely. While this occasionally happens, CBP seems to like to see that you've been in your own country for as much time as you've been out. 6 months in, 6 months out is the norm. Otherwise you're no longer visiting but living in the usa which is exactly what you're doing. I'd expect to show ample ties to canada if you tried this. They'd wonder what kind of a job gives a year's vacation.

understood... thanks for the info.

Although...geez...after reading your initial post, you mention that you have "already managed to move all your stuff down here".

That says to me that you DID come here with immigrant intent. Adjusting status if immigration was your intent all along would be Visa Fraud.

If that is the case, here's what I would do:

Have your partner file an I-129f for you right away. It will likely be sent to the CSC and approved within two months. You are probably looking at six months until you'd have a fiance visa in hand. You are allowed to stay for up to six months, so you could stay right where you are for the next four months. Then go home to Canada for your interview, medical, etc. You'd probably only be out of the states for two months.

From what I understand, I can stay up to 6 months (per calendar year) so technically, I could come back in January? would be gone back for just the month of December in this case.

But to file AOS under your parents, you would need to wait for a visa number to become available and thats about an 8 year wait currently.

gotcha... well that's no good then.

Are either of your parents natural born US citizens?

negative

Adjust status, assuming you did not have immigrant intent when you initially came. If that is the case, get married ASAP and file for AOS. DO NOT go home if you go that route.

AOS looks plausible. I could also file that under my parents who are US citizens, from what I am reading online?

For a work visa do you need special training/skills. Do you have anything that may qualify you for a TN or h1b visa? Research the professions.

Getting married, staying and adjusting status looks like your only option if you do not have the above.

I've looked into the TN... I don't qualify for that one.

Sounds like I have a good place to start.

Thanks for all your advise everyone!

You can stay in the US and just adjust your status if your spouse is a USC since visa numbers are current. No need to leave the country.

You don't even need to wait for the I-130 to get approved. Just file the I-130 and the I-485 together.

That's awesome. thanks!

Your parents can petition for you under the F1 category, unmarried children over 21of USC, but that would take about 8 years given the current priority date.

If you get married, your spouse can file an I-130 and if he is a USC, then you can concurrently file an I-485 in order to adjust your status.

8 years... geesh.

marriage is the ideal choice for me. would I be able to stay here in the US or would I have to wait in Canada during the approval process?