Jesserose24

4 minutes ago, Mike E said:

She should file I-485 and her souse files I-864.  That’s the bare minimum. She should also file I-693, I-131, I-765. 

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

26 minutes ago, Mike E said:

1. Before her I-94 authorized stay expired.  Yes Canadians get I-94

 

2. No. Not unless ICE catches her.  
 

2b. N/A

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. 

13 minutes ago, Mike E said:

1. Before her I-94 authorized stay expired.  Yes Canadians get I-94

 

2. No. Not unless ICE catches her.  
 

2b. N/A

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?

On 12/18/2022 at 6:51 PM, Mike E said:

The child is most likely a U.S. citizen.  If so,  the child is not eligible for an I-130; those are only for non citizens. 
 

If the child is outside the USA, then parents should apply for a CRBA at the nearest U.S. embassy or consulate.  The parents can simultaneously get the child a U.S. passport.  Once inside the USA, the parents should get the child a U.S. passport card.  
 

If the child is inside the USA, the parents should apply for a U.S. passport and U.S. passport card for the child.  Once these two documents have been obtained, the parents should file N-600 to get the child a certificate of citizenship.  

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.

3 minutes ago, Mike E said:

The child is most likely a U.S. citizen.  If so,  the child is not eligible for an I-130; those are only for non citizens. 
 

If the child is outside the USA, then parents should apply for a CRBA at the nearest U.S. embassy or consulate.  The parents can simultaneously get the child a U.S. passport.  Once inside the USA, the parents should get the child a U.S. passport card.  
 

If the child is inside the USA, the parents should apply for a U.S. passport and U.S. passport card for the child.  Once these two documents have been obtained, the parents should file N-600 to get the child a certificate of citizenship.  

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.

2 minutes ago, Mike E said:

Before his child was born, did the father have

 

1. 5 or more years of physical presence in the USA?

 

2. 2 or more years of physical presence in the USA after the father reached age 14?

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.

31 minutes ago, SusieQQQ said:

Occupational hazard of using the internet for advice vs a paid lawyer.

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.

2 hours ago, Rocio0010 said:

Where’s the written rule that says that?

 

 

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.

53 minutes ago, SusieQQQ said:

Not sure why everyone is being so argumentative about the admittance date.

 

However I would caution you not to be so dismissive about the custody advice. The father “being on board” is often not enough for various immigration issues, including if you potentially want to naturalize and give your child citizenship on the back of that. Having at least joint legal custody is necessary for that. Asking for limited advice is one thing, but we’ve seen often enough here that sometimes people  just don’t know what they should be asking. This last piece of advice comes from having seen numerous people on these forums think that example the notarized permission to bring the check was all that was needed. Good luck with the immigration journey. 

 

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.

26 minutes ago, Rocio0010 said:

Not to be picky because this is just a side comment, but usually with immigration the right hand does not know what the left hand does. Just because Port Authority said it was in error, doesn’t mean it was. CBP and port authority are two different entities.

Now, on to the pressing issue. Minors under 18 do not accrue unlawful presence. But that doesn’t mean she has a status now that her visa is expired. They need to get those forms submitted quickly.

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.

5 hours ago, Cathi said:

It's the discretion of CPB on the amount of time allowed. It's no error. 

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.

1 hour ago, mam521 said:

When does the minor's passport expire?  The I-94 will not extend past the expiration and may have only been given up to a 6mo expiration window.  

 

Custody can and will be an issue unless the mother has full custodial parental rights with no visitation agreement with the other parent, as issued by an official court.  Or, the other parent was never listed on the child's birth certificate.  

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.

8 minutes ago, Jorgedig said:

What makes that an error?   Admission time is always discretionary, not guaranteed.

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. 

2 hours ago, Mike E said:

Overstay waiver for what?

 

The kid is 14. If she leaves before age 18 there is no over stay.  She might in the future lose her visa exemption privilege that Canadians get, but she can apply for a B visa in that case.  
 

If she adjusts status to an LPR as an immediate relative of her US citizen step father, the over stay is forgiven. 
 

The daughter’s options here are simple yet pressing: leave now (like today), or adjust status as soon as she has a step father who is a U.S. citizen. 
 

 

 

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.

25 minutes ago, Mike E said:

Best case they entered August 28 which means mom’s I-94 expires February 28. 6 weeks from August 28 is October 9. So the daughter has over stayed. 
 

If the fiancé is a U.S. citizen, then if they marry now and file I-485 packages for both, the overstay is forgiven, as a step child who became a step child is considered a child of U.S. citizen, and thus an immediate relative. As the daughter is not legally present now, the marriage and I-485 packages should happen with urgency. 
 

I agree that the 6 weeks of authorized stay was likely not an error. 

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.

I presented at this border to activate my CR1 Visa today. The entire process took less than 15 minutes. I presented with an empty car no belongings and no intention to move today. I wasn't asked but I did explain that I thought it made more sense to do it without the cats in the car in case there was a delay. 

My Visa was approved on February 16th, it was created and put into my passport on February 17th and it was available for me to pick up on February 21st, I picked it up on February 22nd. And today February 23rd presented at the border simply to activate it with no issues.

I'm sharing this here because it was the same Crossing where this individual had issues. I don't want others hesitant to use this Crossing because I was very impressed with how quickly it was all completed.

1 hour ago, Crazy Cat said:

Irrelevant to a valid spousal visa holder entering the US. 

No that's not correct. The company must be legally able to operate on US soil regardless of who it is they've employed. Again, I have first hand experience with this. 

I don't think there's any value in you and I going back and forth. I do everything legally and above board, if I want to work for my Canadian company, remotely, from the US permanently - the company has obligations to operate legally in the US.

Have a great day.

6 hours ago, Kai G. Llewellyn said:

This is absolutely wrong. I'm working for a Canadian company in the US as a LPR.

Did you get approval from your Canadian company? It's not wrong, I've had personal experience with this. It can be done legally, which you may very well be doing. 

9 hours ago, Jorgedig said:

What do you mean?  Why would a Canadian LPR in the USA not be able to work for a Canadian company?

There are legalities where the Canadian company must be able to operate from the US. Sometimes it's not asked based on legal obligations (ie some business must be conducted IN a specific province or country to be valid; that's why some documents require the place they're signed to be noted). For legal, employment and tax implications for the company they need to be authorized to operate on US soil.

Companies have a responsibility to be legally approved where they operate from. This doesn't come up very often, but if done improperly can have financial penalties for the company.

9 hours ago, Villanelle said:

Hmm well I kinda agree with some of what @Jesserose24 is saying (or trying to say). I get the outrage many have expressed here, but it's not that hard to imagine a conversation where they determined she didn't have immigrant intent at the present time of entry.

 

Yes absolutely you are allowed to 'tie up loose ends' after you enter and activate the visa. But there's a difference between tying loose ends and not being ready to move.

 

It seems there was discussion about going to look at properties for the couple to move into together. So if the questioning went along the lines of where are you going to be living (in the US) and the response was Im not,  we are going to be looking for houses the next few weeks because we are not ready, and I still have my job and stuff to deal with in Canada- then yeah she shouldn't enter on the IR visa. 

 

The request for certain things to establish her immigrant intent are specific to her based on what she said at POE (or what they interpreted it as) and should not be viewed as anything more.

 

I think the main takeaway here is words matter. It's not enough to simply know what to say but to understand why you need to say it a certain way. Some times people get so caught up in thinking they know the regulations so well that there's no way it could go wrong. I believe in the first post the OP said something where he called his wife stupid for not activating the visa immediately after getting it. So they obviously had different viewpoints on the matter and she probably presented herself in a 'not ready ' way because I think honestly she wasn't ready and was attempting to enter with it because the OP insisted she should as all the concerns she had about loose ends could have been handled by her as an LPR. 

Thank you for saying this much better than I did. This is what I was suggesting.