Tanner C

6 minutes ago, Lemonslice said:

Ask your girlfriend to get a copy of her mom's card, the "resident since" date will help you make sense of it. Story has too many holes to get useful advice otherwise.

Will have her send me a picture and I will post the residence since dates, arrivals, etc.. Just waiting for a call back from my girlfriend. Get a good time frame on everything to be more accurate. 

2 minutes ago, Coco8 said:

I would try to find one of those NGOs that specialize in immigration issues, maybe even those that are for Dreamers. They should have free legal aid. Maybe there is a way to go around this in which they get green cards.

 

If the other sister is below 21, the mother should start the sister's paperwork. Otherwise, that one will be in the same situation. 

 

Very true, I will be getting my words across on that one. I'm sure the sister may only be able to do under the table jobs though.. She basically is slightly "slow".. She is actually about 70 percent there, just not fully. She is 19 but in some ways acts as a 13 year old.. She also has autism that is mild, more of a jump and giggle thing she does randomly. Hard to explain but she should still have it as things going on now, may not be suitable for her to stay illegal in the future.

I've tried calling Immigration Lawyers, etc for a free consult over the phone... Typically for her case everyone wants to charge. I've decided to try the knowledge of the web as to get a closer to definitive answer before paying a bunch of extra money for them to tell me what I know. I may just do it anyways to be honest, they'd be all over the books. Plus in her case, I'm sure she has some type of leniency somewhere. Not her fault.

1 minute ago, Suss&Camm said:

I thought the mom had the permanent residency already when she left - not that it was issued at a Canadian consulate?

Da** Just thought about that, thanks for pointing it out. She had it before. Asking my girlfriend to make sure she didn't she wasn't on "holiday" with the first two kids being born here. I know the Dad had his, due to him having to work out here(That's the initial reason they were out here). But if the Mom perhaps left and got it out there and then came back in without the "holiday" for herself, then maybe it would work then. I'm pretty positive she had it before then though unfortunately. The second I thought we got some where lol. Thank you for pointing that out though, saved me the trouble.

2 minutes ago, Suss&Camm said:

Right, that is just really unfortunate. I can't imagine why in all these years she wouldn't have attempted to get them legal. I would be furious with my mom if that were me. 

Can't undo any of it though :/ You are left with the options that we started out with it seems. 

Read the last reply I posted. The daughters match the criteria entirely, I just don't understand how they didn't get the permanent residencies when they came out that young and if that law still applies or if that is after the 1998 period, etc.

I just read over the site you linked me to Coco8. My girlfriend and her little sister both apply to the first situation. Their permanent residences were valid before and after birth of the children and they came back into the states with it being valid. So how do we go about that though? I mean, 19 years.. The children should've had it upon arrival though?

1 hour ago, Suss&Camm said:

How old were they when they came back over? 

My girlfriend was 2 years and 2 months, her sister only months old. The Mom stated though she didn't "claim" them though I suppose. In other words she didn't do their paperwork. She got the permanent residency before they were born and then had them, yet never updated them on the permanent residence/ did paperwork for them. The Mother basically said the two daughters were going over to the U.S. on Holiday.. While both the Dad and Mom came here through their PRs. They both had them. I have no clue why they didn't add them.. Negligent.

Although, the Mom claimed her kids on their taxes with their I-TIN #s ???

1 hour ago, Lemonslice said:

Have you seen, with your own eyes, her mother's green card?  

Have I see her green card, no I have not. Her daughter's have indeed.

If you're implying like someone else did in the forum that she doesn't have it, you're wrong. If you aren't, then I apologize.

1 hour ago, Coco8 said:

 

There are several ways in which a baby born abroad to a permanent resident can get permanent residence status. The issue is that I have no clue how old these rules are (where they in place in 1998 or whenever she came back?) and how would you could find out whether she has this papers. 

 

Take a look at this: http://www.stephengoldenlaw.com/green-cards-for-children-born-on-trips-abroad/

 

At least you could ask the mother if she did any of what they mention there.

 

Thank you, I will be looking over it and will send it off to my girlfriend's Mom/ and or my girlfriend to go over. 

27 minutes ago, Coco8 said:

 

Maybe she should ask her mom (1) under what basis she got the green card (2) if she put her down in the paperwork, because maybe she did and the mother just never completed the paperwork for your girlfriend, or she got your girlfriend paperwork but because she was so little it was just a piece of paper attached to her.

 

I'm just trying to think if the mom did her paperwork and they just do not know. I'm so sorry she has to go through this.

 

I think back then, it was easier for Canadians to overstay because they do not get i-94 and back then, everything was done on paper. And they do not track Canadians like they do people from other countries. 

 

So I just found out the Mother had gotten her permanent residence before the youngest daughters (my girlfriend and her sister) were born.. Then came back over here to the U.S. after they were born. I just asked my girlfriend to find out if she ever included there names on any of the paperwork, which I doubt she did.

with that being said, I take it will not change a single thing still?

10 minutes ago, NuestraUnion said:

 

I share the same sentiments as you. Seems like the mother is responsible enough to maintain her status but neglected to file for her children for 20 years. It is not a drastically difficult process to do.

 

Definitely more to the story.

Exactly, her mother is more of a selfish person in my opinion. I mean a mild version though. She is cool but when it comes to legality or money, it's a no go.

A lot of people tell me it isn't my responsibility, which it isn't... but I chose to be with her and I still am, so I plan to help out in any way I can. Her Dad told me not to pay for it and blah blah blah, so I asked him.. Will you pay for it? No... Alright. I'll pay for it then. So he comes down maybe 2-4 times a year max from Canada for his trucking job and sees them, then tries to play father mode telling me not to pay for it, but he won't. No one else will. My girlfriend gets side jobs, under the table through friends like yard work, watching dogs, house sitting, etc... So she could probably cover it herself but I told her I've got it covered.. Just want to have it done ya know.

So at this point all we can do is confirm dates when her Mom wakes up in the morning. Very bad situation she is in.

22 minutes ago, NuestraUnion said:

 

Time to have a sit down with the mother.

 

Based on what you are saying above the mother may have very well lost her permanent residency or simply overstayed. Or maybe never had PR to begin with.

 

On what basis did she gain permanent residency ( example: did a family member petition for them?)? Has she been maintaining her permanent residency (the green card expires every 10 years)? Has she returned to Canada since? These are some questions your gf should be thinking about asking her mother. Would help to have dates also.

 

 

That very well may be the case. If so, it closes the doors on some options.

 

 

Quite a mess.

Now this I can answer. I know the mother renews it every ten years, she has been a Para-Educator for over ten years and is about to become a teacher(Just acquired her c-best).  So I know for over ten + years she has had a permanent residency, even does her taxes and claims her two kids that are still living with her through their I-TINs. 

I was just thinking how my girlfriend and her little sister do not have their PRs, when the mother has had it for so long. We basically need to get exact dates from her mother. I'm not sure how she couldn't have had her PR and had two kids here, which they are both a year+ apart, then went back to Canada and had my girlfriend and her little sister who are 2 years apart and then come back down and reside here. 

Just thinking if she had her PR before she came back or not. If so, she may have gotten it when she came back for the last time.

The Mom has been back to Canada twice this past year only due to her Dad passing away and a vacation with only the two older daughters to drive up there. She hasn't been back to Canada besides that. 

Also to clarify, she would be in the "First Preference" category for form I-130 as she is 21, yet unmarried. I'm sure it would take a stand still for a few years which sucks.

Thank you all for the responses. I was talking with my girlfriend today, the mother has been gone all day but in the morning we are confirming details. To me, it seems like the mother came here in 98 when my girlfriend was of 2 years old through plane via a passport. Then down the line got her permanent residence. My issue here is, her older sisters were born here in the U.S. The sister above her is 2 years older and some odd months. How did the Mom stay in the U.S. that long on a visiting passport to have her two kids? They then traveled back up to Canada and when my girlfriend was two came back down to the U.S. My girlfriend doesn't have a clue because they never talked in depth about it, just simple things regarding the issue. She is under the impression though, that the Mom came back out here to the U.S. with her 4 daughters and got the permanent residence then. Which would still make the youngest of the daughter's a permanent residence unless of course the mom still waited years after and even passed her stay and got her permanent residence which would've taken years to achieve because she over stayed. When the Mom came back here for the last time and decided to reside here, she would've had to have gotten her permanent residence within the 6 month frame. Still not making any sense to me. I'm trying to piece it together here. Could it be the mother was able to over stay due to her pregnancy?

3 minutes ago, mcdull said:

I say: go ahead and get married.

 

If guys don't make mistakes at age 21, when do you when them to make mistakes?

Hmm.. Like I said, tough decision. Just not sure what her opinion on that is, I suppose we were looking for a way to get her legal without the marriage before even looking at the marriage option. We both wanted to be set to where we can afford the things we want and have a home, etc together before making the decision to do so. 

Hypothetically if we were to get married. Is there further steps to take in order for us to get married been as she's illegal, besides the normal U.S. way of getting married if that makes sense. Any further things we would have to do after the fact of getting married?

3 minutes ago, mcdull said:

yes, until her second birthday

So even with her daughter being 1, her getting her permanent residence would follow the daughter? If the visitor passport was the case.

Then if she had her permanent residence before she even came back down, it would still apply to her. So by saying that's the case. How in the world is it she isn't a permanent residence. I need to ask her mom. I feel like she left some things out or misinterpreted the story. Hoping they didn't all come on a visitors and the mom waited till after they were 2 to get her permanent... Seems like it's the case. Hope not.

1 minute ago, Suss&Camm said:

The mother doesn't seem to be the responsible type. She also doesn't seem to have much money.. probably the $2000+ fees for the 2 children that hampered that? 

Why suspicious?

I get your point on that, I suppose us both being married could definitely help in the case of money. We just aren't sure at our age is all. I mean, I'm 21; a full time student trying to start my career in I.T. and working full time at a warehouse.. Just trying to get life in order before making such a big commitment ya know. A tough decision.

2 minutes ago, mcdull said:

the post doesn't make any sense. so a LPR mother would let the child be illegal whilst there are many many recourses available to legalise her status?

why would a Canadian work a minimum wage job in the States knowing that the child doesn't have legal status?   

 

 

Based on what OP said,  it seems they haven't in these years returned to Canada at all, which is also very suspicious.

 

 

My girlfriend has never been back to Canada at all, her Mom on the other hand has gone up there twice this past year. Are you certain the permanent residency would follow upon her children? Sorry I was logged out of my account so I hadn't received any notifications on the post. If what your saying is true I need to clarify with her mom. It may even be that the Mom came over here with the visitor as well and just had her two kids here and went back up and coming back down and getting her permanent. The way she told me was that she came here initially with her permanent residence and had her two kids here and went back up, then back down.

2 minutes ago, Suss&Camm said:

Ppl from Canada many times don't even get an i94 as far as I know. That is the least of her/your concern. There is a reason why "most of us will say get married" as that is by FAR the quickest way. 

I understand it being a big decision at 21,  but if the only reason why you are not doing it is that you are not financially stable and not that you are unsure about each other then that reason seems to pale in comparison to her not having a legal presence in the country.

You can do a court house wedding for practically no money and do the dream wedding things years down the line,  when you get that financial stability you mention. In any case, that's just my 2 cents - I feel life your priorities are a not off.

Geowrian us 100% right about the 5-9 months being only for the i130 petition and her actually being an LPR is currently around 13-14 years away.

Thank you for that, practically right on. I believe that is exactly what had happened. On her passport as a child there is no i-94. Plus it being 1998 and her being 2 I'm sure they didn't give it to her. I will consider the option, just can't say it's about that time just yet. Maybe within a few years, always have to make sure it's the one as well as being able to provide for not just myself. For us. Would just think though that for her background there would be something else we can do that isn't so time consuming. This is her home, where she grew up, where she wants to grow old. Schooling since 4, college, etc. Long road to just hit a block for a few years.

1 minute ago, Roel said:

Even if her mother sponsor her it will still take few years. Not sure how long it is for LPR sponsoring adult children since they are no longer immidient family.

 

Just understand that you legally can't do nothing. Plus immigration is never fast. 

She is 21 and unmarried, she does indeed still live with her mom though.. Which should make their case for immediate family? I know I may legally do nothing besides the marriage, but I'll help in the ways I can.

2 minutes ago, Roel said:

As a boyfriend you can't do nothing. It's up to the US siblings or US parents. Sponsoring siblings takes long, long years. Not months. Plus this immigration category might or might not be removed. If you two would marry, then you can think of doing something. Surprised she didn't fix her status earlier. Not sure what she was waiting for. For getting deported? 

If I can be completely honest. Her Mom works for the county and only has enough to provide the food on the table for her daughters, but with that being said.. She is indeed a very selfish person. She would sign the petition but would not put a dime into the payment of it. My girlfriend was just doing school and didn't come to realization until late high school when I brought up a job, grants, etc.. That she was at a block in life.

All in all, I know this is not for me to take care of... But the least I can do is help her understand what needs to be done and I'll even help pay for it regardless of us staying together. Reasoning for this is like I said, her parents won't help with a nickel due to selfishness.

2 minutes ago, EandH0904 said:

What is your goal here, are you hoping she can live legally in the US while you continue to date her? 

 

If she has no i-94 number, just leave it blank.  Let Her sisters petition her and when they get the notice you'll see either USCIS was right or people from VJ were. 

 

Otherwise, just wait till you are ready to get married and do a k1 then. Keep records until then of your time together to strengthen your case. 

Whether her and I continue to date isn't an issue.. I just want her to be here legally that way she may actually live her life, get a job, get a grant for schooling, etc.. Her mom and dad have most definitely put her in a bad position and me being the boyfriend, have heard it over the years from her. So we've been extracting information from where we can and so I've come here. 

The marriage we'll definitely be the plan B. As for now, if her mother petitions her.. Could'nt the mother just put her own I-94 number in that section of the I-130? The goal here is to figure out what we can put in place of the I-94 or if there is any other form we may send off that doesn't require it, in which case I'm sure will take an extensively longer amount of time. 

6 minutes ago, KULtoATL said:

@geowrian Do you have any info on US citizen siblings petitioning foreign siblings? USCIS noted 5-9 months for approval, is that even plausible or they are misinforming OP? 

Only what was given over the phone from USCIS as well as from their website; the website did not include the time frame, only over the phone I had verified it to see which is the quickest route to take. I thought it was inaccurate as well, but I brought up that the Mom is able to fill out the form as she's a permanent residence.. They still insisted I went with her siblings to fill out the petition instead of her Mother as it takes a shorter amount of time. I will call in the early morning and quadruple check and report back to this topic.

3 minutes ago, KULtoATL said:

While waiting for the smart people of VJ to respond to you, read this page https://www.uscis.gov/family/family-us-citizens/siblings/bringing-siblings-live-united-states-permanent-residents.

 

Her siblings need to be US citizens in order to petition for her to become a LPR. On top of that, US citizen siblings petitioning their foreign siblings will take YEARS to get approved, NOT 5-9 months. Think 10 years or more.

Read it multiple times, and the 5-9 months that was given to me by USCIS themselves over the phone from three different representatives. Just going based off of what I was given. Her siblings are indeed U.S. citizens as given up above in the background information, but unfortunately the I-130 will not help if she has no record of the I-94 given to her as the I-130 asks for it. The main problem here is the I-94, my girlfriend was 2 years of age when she came over.. So if she had been given one in 1998 when she was 2, it is long expired. I'm sure, due to it being expired, it is unusable. Although her initial passport for when she was a child literally has no i-94 on it to be seen, I had just looked at it. 

Any other thoughts would be much appreciated, trying to get it resolved whether it takes ten years.. Trying to find a solid answer as to what she can do.

Hello, I am posting on behalf of my girlfriend I have been dating for over three years. I know the majority will say to just marry her as I'm a U.S. Citizen born and raised; to go from there, but we are only 21 years of age and are not quite at that stage yet(Would like to be more financially stable).

To start this issue off I will be giving background information:

My girlfriends parents are from Canada, had their first two kids here in America as the Dad is a truck driver for Canada. The dad and mom came out here on a permanent residence visas and had their two children(In America). They had then moved back up to Canada and had given birth to my girlfriend and her younger sister as well. So at the age of 2, my girlfriend was brought back on over to the U.S. and has been here ever since. The Dad and Mom are now split up and the Dad resides in Canada as the Mom and her four girls are here in the U.S.

My girlfriend is now 21 years old and cannot obtain a job, but has been going to school here since the age of 4 and has been doing college straight out of Highschool under the Dream Act.

I've made multiple calls to the USCIS Department here in SB County and they had told me to fill out the I-130 would be the quickest way to go about it. It is basically to where her siblings, who are American can fill out a petition and it would some what expedite my girlfriend's permanent residence... Anywhere from 5-9 months it would take. The issue is, on the I-130 or any form we attempt to fill out it asks for her I-94 which should be given on her passport.. She doesn't have a passport as she was brought over here since she was two years of age. I'm sure she had a visitor passport and had overstayed but long story short-ish... The Mom holds a permanent residence and her two older siblings have citizenship here in the U.S. while my girlfriend and her younger sibling are both considered illegal. In essence, overstayed there time here. Yes, this is due to the Mom and Dad practically putting their kids in a spot and not wanting to pay for them to get their visas. I came into the picture and am offering to pay for it, whatever amount it may be.

We are just trying to figure out if there is a way to put something in place of the I-94 stamp it asks for on the I-130 form so she can obtain her residence. She has a valid CA I.D. and even holds an I-TIN number which only acts as a tax payers id so her mom could claim her through the years, of course not allowing her to work still. I was able to get my girlfriend a permit to drive which she can obtain what they call a "Original" Driver's License. I did read that under the Dream Act that my girlfriend would need to obtain an associates degree and that would help an "illegal" get their permanent residence, but since two days ago the DACA was put on a hold. Where are we left now?

I have tried everywhere on trying to gain more and more information so please, all and any information on this would be very grateful at this point. We are trying to figure out a way that doesn't involve marriage, nor her having to leave this country for 3 years.

Thank you,

Tanner C.