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threeoten

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About threeoten

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    Junior Member
  • Member # 297492
  • Location Seattle, WA, USA

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  • State
    Washington

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  • Immigration Status
    Other
  • Local Office
    Seattle WA
  • Country
    Ireland

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  1. I can't imagine this would end up looking very good in her case. She doesn't have a lot of prior work history, as she was on a student visa for several years, and tourist visa for several years where she was not allowed to work. Also she is just young and doesn't have any job references from back home either. She doesn't have any assets really, no career path or higher education, and she doesn't have much money currently. I also don't make much right now. This is why we are needing a joint sponsor. Even with the joint sponsor, is this all likely to be a problem for us?
  2. Our situation: US citizen & a non US citizen, legitimate couple of about 2.5 years with evidence Her country of origin is Ireland, although she has never lived in Ireland she has a passport because of her parents, she grew up in Kenya but does not have a passport there She is currently in the US on a 10 year B1/B2 tourist visa and has been in the US several times in the past on this visa, as well as an M1 student visa Have never overstayed We were hoping to get 6 months stay in the US on this visa, but she was only given 2 months this time, due to the border officer perceiving that she had a “lack of funds” We did not intend to marry at the time of entering and thus we did not lie to CBP but now we’re realizing that marriage is really the only chance we have at staying together in the same place We want to get married very soon, before her stay ends (3 weeks from now) and also file for AOS before her stay expires We do not make very much income and will be using a co-sponsor In the past, I have been on government medical and food assistance Questions: Considering that our circumstances changed and we decided to get married now here in the US, is it possible for us to stay in the US and start the AOS/green card process without her having to leave? The AOS process would extend beyond her allowed stay, is overstaying in this case a problem and would it be worth it to try and extend her status on the tourist visa because of it? Are we likely to have problems due to marrying on a tourist visa then filing for AOS, marrying within 60 days of entry, and/or going out of status while we’re waiting for AOS to go through? Will my (the US citizen) past use of government assistance and her “lack of funds” at the border be an issue of “public charge” concerns during the green card process, even if we have a very financially well off joint sponsor? Do you see any other issues with our circumstances and our approach? Thank you for any advice that you have for us, it's much appreciated.
  3. Update: Short answer is yes, it counts. She was let back in on her tourist visa with no problems whatsoever. It was a breeze. We even took a ferry from Vancouver Island to WA state so she had to go through 2 checkpoints.. twice the questioning. Her departure out of the US on the student visa was recorded and no overstay. She didn't have to fly out overseas and wait.. just up to Canada for a couple weeks and back. Easy.
  4. Just thought I'd update this post with the fact that she was let back in on her tourist visa with no problems whatsoever. It was a breeze. We even took a ferry from Vancouver Island to WA state so she had to go through 2 checkpoints.. twice the questioning. Her departure out of the US on the student visa was recorded and no overstay. She didn't have to fly out overseas and wait.. just up to Canada for a couple weeks and back. Easy.
  5. As far as the original post, we were simply wondering if there are busy times to avoid or any other factors about the time of day/week that could potentially play a role in getting through smoothly. I hear most of you saying that there is not. Thanks. We're not aiming to reset any visas. We're leaving the US into Canada for 2 weeks via land before her student visa ends, hoping that her leaving the US is recorded to her I-94 which we will confirm with the border officer when trying to enter Canada. Once our time visiting in Canada is over we plan to re-enter the US on her tourist visa in order to do some traveling in the US (which she wasn't able to do while studying). After that we will be heading overseas to her home country, ideally mid Sept. We are considering buying our plane tickets flying out of the US before we do any of the US/CA land border crossings in order to show them that she has plans to leave, but at the same time we feel hesitant to do this because we also don't want to risk being denied entry into the US and stuck in Canada where she can't catch her non-refundable flight. We've had consultations with 2 different immigration attorneys and called CBP to confirm (as much as we can) that our plan is abiding by the law and they have all told us that what we are doing is legal and should work in theory, but noting that it comes down to the discretion of the officers that we're working with at the border. I'm open to hearing people's thoughts here on this as well.
  6. Wondering if anyone has advice about when the best time is to cross the Canadian-US border into the US in order to help increase the chances of my girlfriends visa paperwork getting approved. I know that it's much more than what time of day and all that, but just wondering if there are times that make things go smoother. Cross when it's busy? Cross when it's slow? etc. Thanks!
  7. After spending 2-3 weeks in Canada, what if I have a B1/B2 US tourist visa that is valid until 2022, is CBP likely to give new status on that visa to come and visit for another month, especially if I have a flight ticket booked showing them I will leave the US?
  8. What do you make of the replies on my post here?: https://www.avvo.com/legal-answers/authorized/does-driving-into-canada-count-as-sufficiently-lea-4409355.html
  9. Hi, I'm reading such conflicting answers on this topic and hoping for some clarity. If I'm an Irish citizen and have an M1 student visa (US) that expires July 1, 2019 and I leave the US before then by driving into Canada, will that be recorded as sufficiently leaving the US as to not overstay? Some people seem to say that Canada and Mexico don't count, some say it does. Thanks
  10. My partner is currently in the US on an M1 student visa which ends on July 1st and has to leave the country before then. I'm wondering if leaving to visit Canada for 2 weeks qualifies as leaving the US? Then also she has a US tourist visa that expires in 2022, I'm wondering if she can come back into the US on the tourist visa for 1 month before we end up doing some traveling abroad? Thanks!
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