Jesserose24

I'll look in to these and msg back if I have questions!

Oh and yes, Canadians get I-94. I'm always confused when Canadians say they dont have an I-94.. bc, I can see mine. Like, what are they arguing against? Lol. Like I said, I understand most of this but I must be using the wrong terminology trying to find answers on USCIS site.

Thank you so much Mike. So she just needs to file that I-485 right away, if I'm following. J

I hope I selected the correct forum this time. Helping my fiend; I'm already in the US but did so via Embassy/Consular Processing and I can't find the exact answers I'm looking for on the USCIS site (I might be searching the wrong terminology). Canadian married a born American Citizen 21 months ago (summer 2021) They had a baby born in Canada in CDN in fpring 2022. 7 months ago (July 2022) she came to visit him before he deployed. Plan was 5.5 months bc that's when he'd be deploying, and it looked up with her 6 months allowance to visit. In November his deployment was cancelled. So they decided to AOS. At 5 months (December 2022) filed I-130 and I-130A. Selected AOS location for their state etc. I thought she had giled the I-485 at the same time. She did not. My research is confusing; some say it had to be filed by 180 day marks (so January 2023); others say bc she's married to a USC her overstay doesn't matter. Questions. 1. Ideally, and technically when should she have filed the I-485 by? 2. If she files the I-485 this week (she'll be at 7 months here) will she require a waiver? 2b. If she will require a waiver; is it filed ahead of time or after interview? I'm pretty well versed in this stuff but I've never had someone ask me for help who broke this paperwork in half. Thank you so much for any direction. Jesse

Ahah! The missing piece for me was her long form Canadian birth certificate. I say I'll because I'm reading the meet on the paperwork for my friend and her family. I use, I and we interchangeably when I feel like it's a group effort. Though I'm not sure what difference it would have made. Thank you again. We'll proceed with her borth certificates and fathers. Do you think that will be sufficient to get her US passport? Or we'll still need to process the N-600?

The child is in the US and cannot go to the Montreal consulate. So I'll proceed with the US passport card; to clarify that is different than a passport and doesn't require a US birth certificate? I am familiar with the N-600 however I thought it was for older kids only. Thank you for the direction.

The child is in the US and cannot go to the Montreal consulate. So I'll proceed with the US passport card; to clarify that is different than a passport and doesn't require a US birth certificate? I am familiar with the N-600 however I thought it was for older kids only. Thank you for the direction.

Yes, the father has only ever lived in the US. He only visited Canada for a few weeks at a time entirely as a visitor. 🙂 thanks for the quick reply!

Hello all, Helping another friend. She's Canadian (born citizen) and her husband is American (born citizen). They married, and had a baby. The baby is 9 months old. She was born in Canada, her US father us on the birth certificate and they were already married at the time she was born. They are filling for AOS (legally, three Mom and baby had no intention of remaining in the US when they came for a visit; however circumstances changed months after she arrived). My only question is - the best way to establish legal US status for the infant. Because they weren't intending to stay in the US they hadn't yet filed for the baby's record of birth abroad. Do they add the baby to their I-130 during the AOS application? Is there an alternate to the US Record of Birth Abroad form? (Bc it requires a visit to the consulate in Montreal, and even when they are able to visit Canada, that's the last possible option. Also, I think there's a time limit on this approach? And they'll be past it by the time the Mom's GC is approved and they can travel). I think I'm missing a really obvious form bc of the terminology I'm searching. Thank you all for your help.

I guess I was too optimistic that given a more narrow scope or might be respected lol. We actually called an immigration attorney to see if they had advice.. and they said it's not really an immigration issue and that they hadn't dealt with it before either. This group has dealt with some oddball stuff before so thought it was a good place to start.

I cannot keep repeating myself. We called and spoke to the same border agents who admitted it was a mistake. The fact that is a mistake is not open for debate. They were unsure how to rectify because they had never done this before and she's nowhere near that crossing anytime soon.

I understand what you're saying.. this is not the time for that part of the conversation and I'm familiar enough with this group that you have to be very specific about what you're looking for because some people don't want unsolicited advice and others cannot help themselves lol. Thank you.

In this case, there's only one hand. We called the exaction location they crossed at. They would never intentionally issue a limited stay without a conversation, stamp in passport and both the isn't and child being issued the same time. We're not talking two hands, the one hand who made the error has accepted and admitted their error. This is not up for debate. The only thing I needed I have been assisted with. Thanks to those of you who understood the limited scope of the assistance I needed. It's very much appreciated.

We called and spoke to that location that accidentally issued it. The issuer said it was an error. I'm not debating this with you.

The father is on board for the daughter moving. I put that in explicitly so we wouldn't get custody advice as that's not what we're after. I will double check the expiry of the passport! Didn't even think of that.

If you read my comments you'd see why it's an error. We contacted the port authority they entered at and they said it was in error.

Thank you! I thought the exemption for minors still included the waiver. You've clarified. I greatly appreciate the help!

Apologies, I wasn't clear. Specifically what form number is the overstay waiver? I've done my own immigration so I understand the application forms and typical process. Overstay is new to me. 🙂 Thank you so much for the replies. She already feels less overwhelmed.

I'm replying to your as it's the most recent. We called back to the port authority/border she crosses at and they confirmed it was in error to limit the daughters stay less than 6 months. They entered the beginning of September. She's either homeschooled or doing virtual classez (apologies, I don't remember which off the top of my head). Yes the I-94 expired before this was caught. They're still in the US. The mothers has not expired. Not yet married, only just started considering this option. Do any of you know the form name/number they would use? I'd like to read the technical inductions but my search results are wonky bc I'm visiting Canada atm. Thank you!

Hello - helping a friend in an odd situation. I have a Canadian friend engaged to an American. She is currently in the US on her B2 Visa valid until February. Her 14-year-old daughter is with her. Recently they discussed getting married and processing AOS. They entered lawfully this is a new idea. The mom was checking her I-94 to make sure she hadn't been given a more limited allotment to be in the US and she is fine. The daughter however was given only 6 weeks on her official I-94. There was no conversation at the time of entry with the Customs and Border patrol agent and there is no stamp in her passport. We've reached out to the Port Authority where she entered and they've admitted it appears to be an error. My knowledge tells me two things I'd love feedback and more details. If she leaves before doing an AOS the daughter may be denied future entries as her B2 Visa is now in question. There is a waiver program for an overstay but I cannot find the actual form number. Custody arrangement is not an issue.