Adequate Canadian

I know it's scary but don't be nervous. Most people find their AOS interviews pleasant and fun, actually. If no red flags, especially, there is little need to worry. I know it's easy for me to say on this side and hard for you to believe on your side, but soon you'll be on this side

Haha, thank-you so much for the kind words!

I found out yesterday and pretty much cried out of happiness and then the panic ensued.

I have so much information to gather, I'm happy they gave me a month's notice.

I've been to the place where they hold interviews, once for my fingerprints and once for an infopass appointment.

I didn't have a bad experience, the security guy even remembered/liked me. lol.

I am just a worrier.

I think I'll feel better when I have all of my ducks in a row - I'm currently working on obtaining evidence now for the interview.

I'd bring a letter from your MIL just to be sure, and proof of the insurance. Otherwise it looks like you're all set.

Thaaank-you.

I am so nervous.

This last year has been crazy, I just want some relief!!!

Happy for you my friend, my local office is also Buffalo, NY. Processing times shows they are still processing cases through Februrary 28, 2016. They received my RFIE response on March 17. Can you tell me when did you file i-485? I am worried about my case as i haven't received interview notice yet.

Hey!

I'm sorry to hear that you are still waiting.

We got married in April and filed for the I-485 in the first week of June.

Everything went pretty speedy up until I got my fingerprints taken (The Biometrics appointment.)

Then it took 6 months for them to schedule our Green Card Interview.

Have you tried making an infopass appointment to see what's going on?

*~*~*moved from "CR-1 spouse visa process and procedures" to "AOS from work/study/tourist visas" as OP is not pursuing a spouse visa but is adjusting status in country*~*~*

Hey!

I know nothing about forum placement, to be honest. Lol

But I am adjusting my status off being married, I don't know if that makes a difference.

Sorry for being crazy confusing.

There's something confusing here.

Are you adjusting status in the US? I seem to remember you were visiting your fiance (whilst you had a pending K-1) and due to a certain situation you decided not to return home but to adjust status. Is that what happened? If so, you are not doing a CR-1. You don't need a visa if you are already in the country. You are adjusting from visitor to resident. A CR-1 is for someone living outside the country to be able to enter the country. The interview you are preparing for is an AOS interview (adjustment of status) and not an immigrant visa interview which is what this thread is about.

You would only be doing a CR-1 if you returned home to Canada and started your immigration process there.

Ahh, you're absolutely right!!

I'm sorry. I get a little confused over the jargon from time to time.

My apologies, sincerely!!

That's great news - congrats

Thaaank-you!!!

I've never felt this happy and nervous all at the same time! Lol

Filed Early June, received interview date scheduled for November 29th, 2016.
(They officially sent out the documentation on October 26th, but I didn't hear the news until today!)

CR1.

I just wanted everyone to know that I got my interview date scheduled for November 29th!!

I am SO EXCITED, but also really nervous!!

Anyone who has done their interview recently, any tips?
What did you bring?

I was thinking about bringing some evidence that proves our relationship was bonafide while we were dating, leading up until we got married, up until this present day?

Pictures, chat logs, receipts, joint credit card accounts, gym membership..

We live at home with his mother right now, while we are saving up a down payment for a house.
Should we get her to sign a letter stating that I live with them, type of thing?

I'm also on his Health insurance, car insurance and the family phone plan.

If anyone could give me ANY advice, I'd appreciate it sincerely!!

Couldn't edit prior posts, been too long.

Looking at your other thread, and to make it easier, pick one thread and stick in it, as it's harder to give advice when relevant information to one thing is spread across a few threads, I saw that you were saying you were going to apply for EAD. (1)

Just so you know, when you apply for EAD you can't just go get a SSN. You have to wait for your EAD card to be approved and have it in hand. Once you have your EAD card in hand, THEN you can go to the SSA office and apply for an SSN.

Also, please try to not be driving on your liscense. MOST states are pretty generous and give 90 days FROM ENTRY to drive around, but you're past 180 at this point. I know you want your car, but make sure you're not driving around.

You also have some people confused on wether you used a lawyer or not. You used a paralegal. They aren't qualified to give any legal advice. (2) It's one of the downsides of not putting in the time and money to be a lawyer. I hope you have not been paying that person for any legal advice, as they are -not- a lawyer.There are people on VJ who are actual lawyers, there are also people here on VJ that most likely have even more knowledge than some lawyers and most paralegals.

And yes, even if you're not importing the car, you're having someone come in and bring the car and then leave it. They need proof the person they're leaving it with is legally in the country. If you had drove it in, and stayed then it wouldn't been much of an issue, as you would have driven it in intending on going back to canada, but now the car is being driven in and intending on staying in the US, there needs to be proof that the car is someones that is legally in the US to legally sit and do nothing in the US.

My husband sold his car, we were going to use the money from that to buy a second car, but the good lord decided to kill my car instead, so we used the money he made from his car in canada to buy our car in the US. It could be more beneficial to sell your car, especially since you're still paying insurance on it.

I think we would have had to pay to get his spedometer from KMPH to MPH and we said nope. lol.

Links to your questions/responding to you from your past threads in here:

(1) http://www.visajourney.com/forums/topic/612241-car-issues-i-am-so-frustrated-and-desperate-please-help/page-2 <--- About applying for EAD

(2) http://www.visajourney.com/forums/topic/607234-traveling-within-the-usa-while-i-485-application-is-pending/ <-- Talking about your paralegal

Thank-you so much for all of your helpful information.

And yeah, I wasn't going to be driving the car. I was going to let it sit in the driveway in the States where I knew it was safe until I got my EAD Card and could get an SSN, etc etc.

Sorry for the confusion about the paralegal/lawyer thing. We have a lawyer, but there's also a Paralegal that we speak to, as well. The Paralegal is the one who gave us the incorrect information but the lawyer is the one who signed the paper work and everything like that. At this point, we don't need them anymore.. We were just going to keep them on IN CASE anything happens, but we're going to file our own paper work from this point on, (IE. If we can an RFE or something like that, because I trust myself more then the Lawyer and Paralegal at this point.)

I'll try to keep my posts more put together, lol. It's just been a really stressful time the past couple of days.

Thank-you for your help.

Yeah, I'm thinking about just selling the car at this point, to save some money.

I never informed CBP that I was pending on a K1 the night of March 20th.

Just said the USC was my boyfriend (because I was emotionally distraught, etc etc.) and didn't have any K1 paperwork on me as it was at his house. (We only lived an hour a part at the time)

I was never intending on staying in the States, I was only supposed to be visiting for a week, March 20th - March 26th.
But, the next day (the 21st) my mom informed me I was kicked out without notice via email and we had literally zero other options.

We even attempted to call around and ask for apartments/house rentals but they all fell through.

So, we decided to get married, withdraw from the Fiance visa etc etc.

Sadly, I didn't think I would need to provide any evidence of my status as we were not importing the car at the time (as I believe we have a year to import it), we only provided a Notarized letter giving my mother-in-law permission to drive my car over the Canadian/USA border.

At this point, it's costing me 200 bucks Canadian to pay for insurance on my car when I'm not able to drive it. (I've been paying since March without being able to use it, as me and my husband drove in his car.)

No, I did not apply for EAD/AP. Due to the fact that my Immigration lawyer said I didn't need it as my green card should be approved within 3-4 months. HAHA, I'm an idiot for believing her. I even asked her when we were filling out the paper work if we needed to do these and once again she said no. Well we filed in early June, it's now early October. I did just send of the EAD/AP paper work literally today. So hopefully that will get approved in the 90 days. Sigh.

I just don't know if it's worth selling it or keeping it.

It may be another 7 months before my Green card is approved, That's going to be around 1400 CAD I'll have to pay, when I can't even use it.

(I'm worried about when my AP gets approved, that they might not let me back into the states if I wanted to leave and come back to bring my car over due to CBP giving me such a hard time crossing the night of March 20th.)

Don't know if I should just take my car off insurance and get it safety'd if I decide I want to keep it/ sell it.

Maybe I should start off with seeing my car is Compliant with USA regulations. But it's a Ford Escape, 2008.. So I really don't think we'd have issues with importing it WHEN we can import it.

On a positive note, they returned my car back to my parents' house and managed to bring back some of my personal belongings in my husband's car.

So I at least no longer have to worry about my car being jam packed full of all my possessions.

Hello,

I think I messed up.

Long story short so everyone understands:

Around Jan 2016 - Filed for K1 Visa. (I'm living in Canada, fiance living in the states. Wanted to get married and come in on K1 visa to states.)

Only live an hour a part. (I'm Ontario - Fiance Buffalo, NY.)

-March 20th, huge family fight in Canada, that evening went back to States with husband.
*That evening I had a hard time getting across the border, as I had been there for a couple of weeks prior to this - But got through. Was told the next time I return to the U.S. to prove ties to Canada.*

-March 21st, after in the USA, got an email stating I was kicked out by parents without notice.

*No place to go, fiance and I were going to get married anyway. Came into the States with the intention of visiting.*

-Ended up withdrawing from Fiance Visa, we got married April 8th and I'm adjusting my status.

As I've made posts about it before, I left my car in Canada..

Today, October 8th - Got letter notarized (State of NY.) to give my mother-in-law permission to drive my car across the us/canadian border.

When they got to the Point of Entry, they declined them entry saying they'd have to go bring the car back to Canada..
They needed proof that I was living in the States Legally, which I am. My status is pending. I have an alien registration number, etc.

I even called the CBP (Their lines were horrid to get through and were giving me busy signals, but they said all we needed was a notarized letter, granting permission.)

*PLEASE NOTE, WE WERE NOT INTENDING TO IMPORT** We were going to import it at a later time, when I got my Green Card.

Will this affect my case in anyway?
Am I screwed?

At this point, I think we are just going to sell the car.

Update: So, we are going to be sending off the paperwork for EAD/AP.

However, we are going to bring the vehicle here with a notarized letter on the 22nd. We will not be importing it.

I just want it in my driveway here, so I no longer have to speak with my family and a weight can be lifted.

Thanks everyone for your help/advice.

Okay, thank-you very much. Haha.

I will fill out the forms tomorrow, thank-you.

Do you know if I have to import my vehicle the first time I bring it over (is that even possible when I'm not approved for a GC yet?) or can I just drive it over and officially import my vehicle if my Green card gets approved.

Once again, thank-you so much.

Sorry, I made a mistake.

You need the I-131 for AP.

You need the I-765 for the EAD.

Send with photocopy of your receipt for the AOS.

You will get one combo card for AP and EAD (so you don't have to carry two separate cards).

After you get your AP/EAD card, you go to Social Security to apply for a SSN.

I'm worried that as I have accrued over 180 days here in the states, even with AP that I will be denied entry and barred as the last time I entered they asked me to provide ties to Canada the next time I came back to the states. Well, that last time they told me that I never went back to Canada because I got kicked out and everything.

Or can I not apply to one without the other type of thing? If that is the case, then I'll just wait it out and suffer.

You file for AP and EAD with the same form for free. Once you get the EAD/AP card, you can go get the car yourself. There is no good reason for you to not apply for AP. Don't make the same mistake that your lawyer made. Better to have AP and not need it, rather than need it and not have it.

By any chance do you know what Form it is?

When I look at this form that the Immigration officer gave me, it is form I-131... Which only mentions about Travelling, nothing to do with getting an SSN. :l

So, do you guys think I should just file for EAD (This is the form that gives me an SSN, right?)? I don't need the Advanced Parole, I honestly have zero reason to go back to Canada in the immediate future. My husband can bring a few pieces over at a time as we have been

But if I apply for EAD, I can get my SSN and then switch over my license to an NY one?
Then my mother-in-law (with a notarized letter and all proper documents) could still bring over the vehicle? Is that possible?

So, your profile says K1, and I'm not sure I understand... Why didn't you import your car when you activated your visa?

Hope you'll get your documents soon ( AP, EAD, or green card).

I haven't gotten the chance to properly update my VJ profile, for that I apologize.

We withdrew from the K1 Visa.

Pretty much what happened was, the day after I arrived to the states as a Visitor my parents kicked me out without notice.

We were planning on getting married as we filed for the K1 anyway, but I had no where to go.

So we withdrew from the Fiance Visa and I got married to my husband on April 8th and I am staying in the States with him, adjusting my status.

I did not bring my car with me that night because I was too emotional to drive, my husband took me back to his residence in his car, to the States.

Hope that clears things up.

We don't have AP/EAD due to the fact that my Lawyer insisted that we wouldn't need it, sigh.

Your license from Canada is perfectly valid until you have the means to obtain a US Drivers license. You don't even need your own car, you could drive your husbands or a family members. The fact you are paying for insurance means you are most likely covered to drive other vehicles besides your own. I think the idea of send your MiL is fine, but as others have said it is a CBP question, not USCIS. No reason it should affect your status at all. If nothing else it shows your intent to stay in the US.

Good Luck

Hey, thank-you..

However, I was reading on the DMV for my State and it said the following:

What if I become a resident of New York State?

If you become a New York State resident, you must get a New York State driver license within 30 days. If you have a valid driver license issued by another U.S. state or territory, federal district or Canadian province, you may be eligible to exchange it for a New York driver license (see Exchange an out-of-state license).

If your license was issued outside the U.S. or Canada, you must apply for a new original NYS driver license at a DMV office (see Get a driver license).

Definition of "Resident"

Section 250 (5) of the NYS Vehicle and Traffic Law says:

As used in this section, the term "resident" shall mean domiciliary, that is, one who lives in this state with the intention of making it a fixed and permanent abode. It shall be presumptive evidence that a person who maintains a place of abode in this state for a period of at least ninety days is a resident of this state.

To live in a house, a home, an apartment, a room or other similar place in New York State for 90 days is considered "presumptive evidence" that you are a resident of New York State. A police officer can use this as evidence to issue a traffic ticket if you drive in New York State without a New York State driver license or vehicle registration.

A judge considers the law and the evidence of your intent and decides if you are a resident of New York State. If you pay taxes or your children attend school in another state, a judge considers these facts to decide if your intent is to make New York a "fixed and permanent" residence. According to this law, students from other states or from other nations who attend school in New York State are usually not considered residents of New York. DMV does not decide if you are a resident of New York State, if you must get a NYS driver license, or if you must register your vehicle in New York State.

***So, I have been here since March 21st, 2016.. Way over 90 days. Should I not bother with Advanced Parole and just apply for an SSN with the EAD form?***

I don't need to leave the States, so I really don't need to sign up for the Advanced Parole aspect.

Sigh, I went to the DMV website and I think I need to do the AP/EAD route, my lawyer really f'd me.

You cannot leave the country without Advance Parole or Greencard. Your lawyer was stupid.

You can apply for AP and your EAD now, if you want. It would guarantee that you get freedom of movement within 90 days.

Car issue is something for CBP (Customs and Border Patrol). Call them and ask if a family member can bring the car. But you can't drive the car anyway without a DL. Don't go to Canada to get the car or you will forfeit your application.

I understand the whole thing about not leaving the country as it will decline my application, that is where my MIL comes in, she would pick up the car in Canada for me and bring it across the US border so I wouldn't have to leave.

Am I unable to drive my car or any vehicle for that matter with my Canadian license until my Green Card gets approved? (As my status is just pending I figured my Canadian license would still be valid, it doesn't expire until 2019.)

Yep, she seems pretty stupid..sigh.

Do you have the compliance letter ready for the car ?

Not at this time due to the fact that we would not be importing the car when she brings it across the border. We would be importing it several months down the line.

***Duplicate thread removed; please do not start multiple threads on the same topic.***

**Moderator hat off**

Did that USCIS person give you any specific reasons as to why importing the car might cause issues with your AOS case? If not, then seems to me they didn't know what they were talking about.

Your MIL driving your car with your permission shouldn't be an issue either. You may want to ask CBP instead of USCIS though; USCIS isn't the agency to talk to in regards to border control procedures and that includes importing cars.

She specifically stated that my Application would be rejected if I (The beneficiary) went to go get it as I do not have Advanced Parole. We asked what if a friend brought it over and she was kind of vague and didn't really say anything.

The thing is, we're not talking about importing a vehicle at this juncture. She would bring it over from Canada to the States (with my permission) and at a later time (when I got my Green card approved) we would then import it at a nearest Port of Entry. By bringing the car into the states without importing it, would THAT effect my case in any way?

Also, sorry about the double post - I'm just at my wit's end right now and panicking. ;(

I'm in desperate need of advice.

Here's my story; so I think my Lawyer screwed up my Immigration case.
​She informed me that it would only take 3-4 months for my Green card to be approved. She said we didn't even need to bother with Advanced Parole Or getting my SSN/Eligibility to work because it would be THAT fast, obviously this is not the case anymore and I'm still without a car.

My husband and I live in WNY (Buffalo area) my car is on the other side of the border in Canada, Ontario (An hour a part from each other.)
​For the past several months I have been throwing money away to insurance for a car I can't even use and to be honest I am sick of it.

If we were to provide a notarized letter that grants permission to, for example, my mother-in-law to bring it across the border could this cause issues with my application for adjustment of status?

Please note it would not be brought across to be imported at this point in time. I would import it later on when I got my green card.. Since my case is still pending, I'd drive it up until the point where my Green Card was finally approved, I would then not drive it until I got my US SSN/WNY Driver's license.

Would this affect my case in anyway if someone else brought in my vehicle (NOT importing at the time)? When we spoke with a USCIS agent at our local office for an InfoPass appointment they advised that we cannot import it without causing our application to be rejected - but were vague about the idea of a friend/family member bringing it across WITHOUT importing.

Once again, I do not have my Advanced Parole/SSN forms filled out because the lawyer said I didn't need it..
​We're 5 months into our application process.. It can take about another 7 months for my Green card to be approved- the AP/EAD forms take about 3 months to process and we would really like a faster alternate option. But, if we had to go through this process just to bring my car over (which I don't personally understand what the difference would be between me or a person I gave consent to bring my vehicle across the border would be) then we would, but it's something we would like to leave as a last resort.

​ANY advice would be greatly, greatly appreciated.

​Thank-you.

Hey Adequate,

I notice that you are in Buffalo. Have you crossed over at the Whirlpool bridge in Niagara Falls? There's an officer there by the last name of Frank (US side). That CPB agent is a real jerk. Every time I came back into the US using that NEXUS POE, he gave me such a hard time because my NEXUS card read that I was a Canadian citizen even though I went into the office and showed them my naturalization certificate. I finally had to speak to his supervisor to complain about him.

He's a real delight and I hope that you never cross paths with him.

Sorry for the late response, fortunately no! My husband and I ever only crossed the Peace Bridge POE when we had to cross the border.

However, this Border patrol agent on the US side (never caught the guy's name) gave me an extremely hard time - even made me cry. He thankfully let me through, but I was so upset I ended up taking the wrong exit (this was around 11pm at night in Buffalo) and had to regain my composure in an abandoned lot. Thankfully I was able to turn on my GPS to find my way to my fiance's (now husband) place!