Kittyfang

Hi Kittyfang,

Hmm...not too much of a "problem" in your case really...thinking..

Well, you said that you had family and friends in Canada (and maybe some in the USA too?). So yes, affidavits from them would help, if they do ask for such. Also if your family and friends knew of your spouse as well, as they can attest to the legitimacy of the relationship/marriage and can write about that too. In my case, they didn't ask for affidavits (lucky me, I guess), but they did ask about our relationship and marriage anyways (lol..and what a story we had to tell..photos and all..). Regardless, affidavits do help to explain all aspects of your situation and is useful for all stages of the immigration game, so if you can get them, by all means, go for it. Don't worry about the others you don't have contact with, as if you don't contact them, then why should the USCIS contact them too?..lol...

As for ties to Canada..then again...maybe they won't ask for such, since you've been here in the USA for so long...Not sure though (as they didn't really ask too much about that for me)...but be prepared to include such evidence, just in case. For example, if you have any correspondence and/or bills in your old address. By the way, were you ever questioned when you entered the USA on your visit at the POE (point of entry)? If you were, they probably covered that already, so they might not ask such again regarding your intention to come to the country. If not, then they might or might not ask during your AOS interview..who knows...good to be prepared anyways...

Personally, I think at this point they are more focused on your relationship/marriage, than your ties to Canada, since you are here for so long anyways. They are looking for: "Did they come here, get married, and fraudently overstay to evade immigration laws and get a green card only? Or are they a genuine married loving couple who just got married and wanted to stay here, happily ever after?"

The important thing when questioned by the USCIS: Just tell the truth, and you'll be fine there...

What a co-incidence...I take care of the castle/house (and the baby), and live in a small town too. Definitely can talk more about that via vj pm. Understandable too, that you don't need to drive right away or open a bank account right away, be it that it is convenient for you and that your husband can help with that as well. For me, I didn't need a job right away, so I didn't need the EAD and SSN for that reason. I needed to drive though, so I just drove with my valid Canadian license (lol..and prayed that I didn't get in trouble) before I got my green card, and added the name to the joint bank account after I got my green card (lol..I didn't have much money to begin with anyways, and closed off my Canadian bank account went I went back to Canada for a visit after I got my green card). But I think the thing that got to me was not having an SSN, as that's pretty much needed for everything around here in the USA (for example, to get a driver's license and to be added on financial/bank information) and for medical insurance), so I wanted my green card quickly because of that. Besides, the idea of being out of legal status here while I waited didn't sit too well with me either, so I wanted to do the right thing there by being legal with a green card.

Sorry to hear about your medical situation. And yes, by all means possible, get the healthcare that you need, no matter what the cost, as it's not worth the risk not getting treatment there. I know it would be hard for you to get medical insurance without legal status here, so that's understandable too. If you are sick and it is an emergency, just go to any hospital emergency room, and they will be able to treat you there, regardless of lack of immigration status. Just because you are waiting for immigration, doesn't mean you have to wait for your health!

I agree, the immigration process can be scary, difficult, intimidating, frustrating, stressful, costly, etc. It may be hard at first, but in the end, it will all be worth it. Don't give up! We're all here to help. And yes, your case will be approved soon!

Hope this helps too. Good luck on your journey.

Ant

P.S. Hey, if it is of any use of all: One thing good about staying here for as long as you did and being married as long as you did (2 years), is that you'll get a 10yr green card right away. Will save you the time and money from having to go from a 2yr green card to a 10yr green card with the I-751...lol..

I've read carefully what you wrote and I think my only "problem" will be to prove my ties in Canada. The apartment I was living in was "pay by the month", so I didn't have a lease for that. I do have family members that I spoke with and, for a while I did think about moving in with my sister upon my return. Would an affidavit made by her, stipulating that we did have that discussion help? As far as work, I was taking an "extended leave", I guess it's possible that they could write up something to that effect, to agree with what I am saying. As for family, apart from my sister, I do not really talk to them. So, that may be an issue.

As for your question. My husband works and I take care of his Castle. We live in a small town, so I don't really need to drive (hence I didn't get a driving permit... yet), for the same reason, I didn't get a bank account (the one I had in Canada has been closed). I only recently started going to the doctor when I fell ill. It's been hard, but we're hoping that AoS being approved will help. It gets very scary and sometimes, we wonder if it's even worth it. Maybe the fact that I have been here for so long will make details such as "ties to Canada" and "intent" not such a big deal.

Ant+D+A, I read your post with great interest. I was freaking out, about to cry ( I was even considering borrowing a little bit more and hiring a lawyer... but we barely have enough as it is). Thinking of being banned for 10 years from the place that I've come to call home is the scariest thing I've been trough.

I guess I may be panicking for nothing. It's been 2.5 years. I'm sure that if I tell them "I took an extended vacation from my work", they probably are not going to call and verify that. It's been so long.

As far as proving validity of marriage, we plan on adding my name to everything once I get an SSN. Hopefully, that will help us. Also, because we do not meet the requirement for affidavit of support, we will need a... "co-support person" (my husband's mother). So, I think that this will help us prove that the reason we waiting for so long was lack of money.

I think I am just focusing on the "intent to marry" part way too much. How silly will I fell if they don't even ask about that!

And yes, I will definitely be sending you a message.

P.S. Most importantly: Oh and then there's the risk of deportation...I definitely didn't want to be deported and away from my loved ones here in the USA! So definitely needed to be legally here because of that! So thus, needed to file for the AOS and have a Green Card to stay here in the USA! Oh the things one does for love...

Ant

lol I can believe that. I would trow a fit if I had to leave... I hope it doesn't come to that.

One thing that came to mind is this: It's been 2.5 years. What are the chances they will even ask about my intent? You'd think that if I came here wanting to get married I would have done it ASAP. Instead, I got married 6 months later... Like you said, they might be more interested in proving that it's a real marriage. From what I've seen from other people, they didn't even get asked questions like "what was your intent when you cross the border".

Hi Kittyfang,

Hmm...not too much of a "problem" in your case really...thinking..

Well, you said that you had family and friends in Canada (and maybe some in the USA too?). So yes, affidavits from them would help, if they do ask for such. Also if your family and friends knew of your spouse as well, as they can attest to the legitimacy of the relationship/marriage and can write about that too. In my case, they didn't ask for affidavits (lucky me, I guess), but they did ask about our relationship and marriage anyways (lol..and what a story we had to tell..photos and all..). Regardless, affidavits do help to explain all aspects of your situation and is useful for all stages of the immigration game, so if you can get them, by all means, go for it. Don't worry about the others you don't have contact with, as if you don't contact them, then why should the USCIS contact them too?..lol...

As for ties to Canada..then again...maybe they won't ask for such, since you've been here in the USA for so long...Not sure though (as they didn't really ask too much about that for me)...but be prepared to include such evidence, just in case. For example, if you have any correspondence and/or bills in your old address. By the way, were you ever questioned when you entered the USA on your visit at the POE (point of entry)? If you were, they probably covered that already, so they might not ask such again regarding your intention to come to the country. If not, then they might or might not ask during your AOS interview..who knows...good to be prepared anyways...

Personally, I think at this point they are more focused on your relationship/marriage, than your ties to Canada, since you are here for so long anyways. They are looking for: "Did they come here, get married, and fraudently overstay to evade immigration laws and get a green card only? Or are they a genuine married loving couple who just got married and wanted to stay here, happily ever after?"

The important thing when questioned by the USCIS: Just tell the truth, and you'll be fine there...

What a co-incidence...I take care of the castle/house (and the baby), and live in a small town too. Definitely can talk more about that via vj pm. Understandable too, that you don't need to drive right away or open a bank account right away, be it that it is convenient for you and that your husband can help with that as well. For me, I didn't need a job right away, so I didn't need the EAD and SSN for that reason. I needed to drive though, so I just drove with my valid Canadian license (lol..and prayed that I didn't get in trouble) before I got my green card, and added the name to the joint bank account after I got my green card (lol..I didn't have much money to begin with anyways, and closed off my Canadian bank account went I went back to Canada for a visit after I got my green card). But I think the thing that got to me was not having an SSN, as that's pretty much needed for everything around here in the USA (for example, to get a driver's license and to be added on financial/bank information) and for medical insurance), so I wanted my green card quickly because of that. Besides, the idea of being out of legal status here while I waited didn't sit too well with me either, so I wanted to do the right thing there by being legal with a green card.

Sorry to hear about your medical situation. And yes, by all means possible, get the healthcare that you need, no matter what the cost, as it's not worth the risk not getting treatment there. I know it would be hard for you to get medical insurance without legal status here, so that's understandable too. If you are sick and it is an emergency, just go to any hospital emergency room, and they will be able to treat you there, regardless of lack of immigration status. Just because you are waiting for immigration, doesn't mean you have to wait for your health!

I agree, the immigration process can be scary, difficult, intimidating, frustrating, stressful, costly, etc. It may be hard at first, but in the end, it will all be worth it. Don't give up! We're all here to help. And yes, your case will be approved soon!

Hope this helps too. Good luck on your journey.

Ant

P.S. Hey, if it is of any use of all: One thing good about staying here for as long as you did and being married as long as you did (2 years), is that you'll get a 10yr green card right away. Will save you the time and money from having to go from a 2yr green card to a 10yr green card with the I-751...lol..

I've read carefully what you wrote and I think my only "problem" will be to prove my ties in Canada. The apartment I was living in was "pay by the month", so I didn't have a lease for that. I do have family members that I spoke with and, for a while I did think about moving in with my sister upon my return. Would an affidavit made by her, stipulating that we did have that discussion help? As far as work, I was taking an "extended leave", I guess it's possible that they could write up something to that effect, to agree with what I am saying. As for family, apart from my sister, I do not really talk to them. So, that may be an issue.

As for your question. My husband works and I take care of his Castle. We live in a small town, so I don't really need to drive (hence I didn't get a driving permit... yet), for the same reason, I didn't get a bank account (the one I had in Canada has been closed). I only recently started going to the doctor when I fell ill. It's been hard, but we're hoping that AoS being approved will help. It gets very scary and sometimes, we wonder if it's even worth it. Maybe the fact that I have been here for so long will make details such as "ties to Canada" and "intent" not such a big deal.

Ant+D+A, I read your post with great interest. I was freaking out, about to cry ( I was even considering borrowing a little bit more and hiring a lawyer... but we barely have enough as it is). Thinking of being banned for 10 years from the place that I've come to call home is the scariest thing I've been trough.

I guess I may be panicking for nothing. It's been 2.5 years. I'm sure that if I tell them "I took an extended vacation from my work", they probably are not going to call and verify that. It's been so long.

As far as proving validity of marriage, we plan on adding my name to everything once I get an SSN. Hopefully, that will help us. Also, because we do not meet the requirement for affidavit of support, we will need a... "co-support person" (my husband's mother). So, I think that this will help us prove that the reason we waiting for so long was lack of money.

I think I am just focusing on the "intent to marry" part way too much. How silly will I fell if they don't even ask about that!

And yes, I will definitely be sending you a message.

P.S. Most importantly: Oh and then there's the risk of deportation...I definitely didn't want to be deported and away from my loved ones here in the USA! So definitely needed to be legally here because of that! So thus, needed to file for the AOS and have a Green Card to stay here in the USA! Oh the things one does for love...

Ant

lol I can believe that. I would trow a fit if I had to leave... I hope it doesn't come to that.

Hi Kittyfang,

No problem. Glad to be able to help you here...

I agree, the next step is just a matter of filling out all the paperwork and sending it in...And along the way if you get stuck. just post on vj, as a lot of people are able to help here too.

By the way, as for the job thing...it doesn't matter what job you had before in Canada...heck, if it makes you feel any better..I was a student in Canada before with no job (lol..studying was job in itself). The thing they look for really, is your ties to Canada, and that you had such when you entered the USA. For example, if you had a residence, study, work, family, friends, return tickets, etc. in Canada, and had plans to return to Canada, which makes the intention of your stay in the USA as a visit only, and not anything else. In my case, I was lucky (or maybe unlucky..as was interrogated) that I got a visitor's visa which stated such an intention of a visit only, but I know many Canadians don't get such when they visit the USA. So it's up to you to prove that you just wanted to come for a visit, and that you just married at the spur of the moment and then decided to stay...

They will also ask about the legitimacy of your relationship, as they do for all immigration-related couples/spouses cases...So be prepared with evidence about that. For example, photos, letters, ticket stubs, cards, correspondence, etc....anything else you can think of...

As for financially, the main point they are looking at is for the I-864 (Affidavit of Support). You and your sponsor (your spouse) have to have enough American income to meet the poverty-guidelines, in order to stay, and not be a "burden" to the USA...(lol..their words, not mine)...If your sponsor doesn't have enough American income, then a co-sponsor might be required in your case too.

As for filing the EAD, if you are in a hurry to work before you get your green card....then yes, file for the I-765...(besides, it's included with the I-485/AOS nowadays anyways...). And with your EAD, you can then apply for a SSN, which can help you too. However, bear in mind that co-incidently a lot of other vjers get both the I-765 and green card approved at around the same time (and even the I-765 approved after the green card...definitely not of use there...). But good to have nevertheless, "just in case", if you need to work and/or get an SSN right away. And you cannot work legally here in the USA without a SSN and EAD or Green Card.

By the way, if you don't mind me asking, how did you survive in the USA for so long without an SSN or legal immigration status (as that's needed here)? Lol..I overstayed for a few months with no legal status while I was waiting for my green card..and felt like that was an eternity...but for you to go years...wow..that amazes me...

Hope this helps as well. Don't worry, you shouldn't run into too many problems along the way. Good luck on the rest of your journey.

Ant

Thank you to everyone who replies. I guess it's a question of just doing it. I'm hoping my case will not run into any problems. Hopefully, they will not spend too much time asking about my job before I came here and will see that I truly came here as a visitor.

Also, Ant+D+A, thank you for the time line. I think I will be filing the same kind of paperwork, except that I will also be applying for an EAD, for SSN reasons.

I've read carefully what you wrote and I think my only "problem" will be to prove my ties in Canada. The apartment I was living in was "pay by the month", so I didn't have a lease for that. I do have family members that I spoke with and, for a while I did think about moving in with my sister upon my return. Would an affidavit made by her, stipulating that we did have that discussion help? As far as work, I was taking an "extended leave", I guess it's possible that they could write up something to that effect, to agree with what I am saying. As for family, apart from my sister, I do not really talk to them. So, that may be an issue.

As for your question. My husband works and I take care of his Castle. We live in a small town, so I don't really need to drive (hence I didn't get a driving permit... yet), for the same reason, I didn't get a bank account (the one I had in Canada has been closed). I only recently started going to the doctor when I fell ill. It's been hard, but we're hoping that AoS being approved will help. It gets very scary and sometimes, we wonder if it's even worth it. Maybe the fact that I have been here for so long will make details such as "ties to Canada" and "intent" not such a big deal.

**edit**

As for the job, my main concern was more "Will they think that I've left my job to move here". I opted out, knowing that they would rehire me once I came back. But, an interviewer might see it differently.

Is it common practice to front-load evidence of relationship with the initial filing of the I-485, or should we just wait until the interview to submit evidence? I haven't seen anyone mention this. Obviously, we have not been married very long, so the only evidence we really have at this point is pictures from our wedding and reception.

Per my understanding, this evidence will only be useful for the interview, if you even have one. Don't bother submitting any wedding photos or related evidence with your I-485.

That is also what I've read. However, how common ARE interviews? And what criteria do they go by to request one?

I doubt that it's a random occurrence. It seems as if interviews are only bypassed for cases that appear to be straightforward. However, having a straightforward case doesn't seem to always mean you won't be interviewed. You will not have an interview only if your AOS case is transferred to CSC. If you are asking about your specific case, I would be shocked if you didn't have an interview since yours appears to be atypical.

hehe ya, that's me alright, atypical. So far, I went from being worried about I-94, then learning Canadians don't get one, to wondering about proof on entry, to be told that it most likely won't be an issue, since I've been here for 2.5 years. Now, the terror of the day is "will they make a big deal out of intent to marry"... I don't need a lawyer, I need a shrink!

My friend ( now husband ) came here to visit me for the first time in Aug 2008. He had recently quit his job due to "personality conflicts", so we figured while he had some free time he would come to visit. After he had been here a few weeks, things progressed & he asked me to marry him one year ago today. We decided to get married Nov 1, 2008. We recently had our immigration interview in July 2009. We followed the instructions, & filed all the necessary papers. When we went to the interview we had plenty of documentation of a valid marriage, and to be honest the question of intent was never addressed. He did not have a job, but he does have a father he lived with & cared for, 6 siblings, his mother, a son with his first wife, a bank account which was still active long after he came here, and we did have proof of those things.

I would not suggest that anyone try to beat the system, but there are people who do find themselves in these situations, & if you have nothing to hide, you have nothing to fear. We filed our papers in March 2009 ( it takes that long to gather the necessary papers & documents ) & he got his green card in July 2009.

Much happiness!

I agree, I think the word is "Honesty". You're not trying to fool them into accepting your AoS, you're trying to show them that you deserve it. If that makes sense.

Is it common practice to front-load evidence of relationship with the initial filing of the I-485, or should we just wait until the interview to submit evidence? I haven't seen anyone mention this. Obviously, we have not been married very long, so the only evidence we really have at this point is pictures from our wedding and reception.

Per my understanding, this evidence will only be useful for the interview, if you even have one. Don't bother submitting any wedding photos or related evidence with your I-485.

That is also what I've read. However, how common ARE interviews? And what criteria do they go by to request one?

Thank you to everyone who replies. I guess it's a question of just doing it. I'm hoping my case will not run into any problems. Hopefully, they will not spend too much time asking about my job before I came here and will see that I truly came here as a visitor.

Also, Ant+D+A, thank you for the time line. I think I will be filing the same kind of paperwork, except that I will also be applying for an EAD, for SSN reasons.

I will retype my story, in case you don't know.

I came here 3 years ago. I stayed for 1-2 weeks. Went back to Canada for a week, then came back. At that point I was coming back just to extend my vacation. I just had been laid off and figured I'd take some time out. As time went by, we realized we didn't want to be separated and decided to get married (we got married 6 months after I came in the U.S.). Now, I have overstayed by 2.5 years (we couldn't file because of financial reasons).

A. Should I even bother telling USCIS that I came for a week then left, then came back? I'm not asking if I should lie. I just figure it might confuse matter even more. And B. Are they likely to ask something like that? I've read that most people get "how did you meet". Will they really ask me "When you came over, did you intend on getting married?" (if they do, will they take a yes/no? I don't have anything that can prove that I did or didn't.)

I am asking here because another post reminded me or this, and was told that I should start my own thread so... thank you in advance!

thanks john & rin for those numbers.

Indeed, those are eye opening.

Anyone who overstays accrues illegal presence. And it becomes an issue in whether AOS is granted or not.

Mhhh well ok, we kinda already talked about this and came to the conclusion that it would help me, more than hurt. But thank you for the input.

Mmmm well, ok... then please do not hijack other peoples' threads if you have your answers already

Thing is, I don't. I was comparing my situation to her because, oftentimes, when I ask questions, people do the same, and the answers they receive help me as well.

Mmm ok?

Anyone who overstays accrues illegal presence. And it becomes an issue in whether AOS is granted or not.

Mhhh well ok, we kinda already talked about this and came to the conclusion that it would help me, more than hurt. But thank you for the input.

Canadian citizens fall under a similar category as people who entered without inspection. An immigration judge must make a ruling that such a person indeed overstayed and needs to be deported. Unless you go back to Canada and on the way back to the US admit you overstayed previously.

I don't recommend overstaying or lying but since this discussion has gotten so much technical then I decided to mention this technicality.

Here's a link: http://www.canuckabroad.com/forums/do-i-ne...u-s-vt5123.html

No, I was aware of that technicality. What I am starting to wonder is WHAT I should actually tell USCIS. I do not want to lie, but really, there is no reason to mention that I came here for 2 weeks, left for one then came back. That would only work against us.

Here's a good one... Let say I have a letter from my employer that states that I was taking an extended time off. For example "Kittyfang cannot bare to listen to the constant chatter of out receptionist and she is taking 2 months off to recuperate. We will be rehiring her in 2 months (or, we will think about it)" Would something like that help prove that I wasn't coming here to marry? Since it kinda proves that I was planing to go back.

Wow. I am utterly confused.

For example, my situation: I came here for 2 weeks. I left and then learned that I was about to lose my job. I talked with my (now) husband and we decided that I should come back for a month or two, see how we like spending more time together. I was living in an apartment at the time, nothing was mine, not even the furniture. So, as time passed, I just didn't go back (I was paying by the month, so I didnt have to worry about rent while I was gone).

That being said. If I read what you all said: On one hand, I am FUBAR. Because, with the losing my job, the not having a place to go back to and the coming over here for 2 months, it's really hard for me that I didn't have the intention to marry. While, on the other hand, I did not lie to the CBP when I said I was coming over to see my (then) boyfriend. Besides, I am Canadian, so no I-94 and no written reason given. Furthermore, I have been here for 2.5 years, like someone said, if I came here to marry and get a green card, you'd think I would have picked someone who could get one faster.

Someone UNconfused me please.

After your I-94 (or entrance stamp since you are Canadian) expired, you began to accrue illegal presence (for more than 2 years). you can file for AOS from here of course, and then YOU have to convince the CO that you did not intend to stay. How? with evidence, tons of it. Your accrued illegal presence might cause denial of your Adjustment of Status, much more so than your entrance on a VWP.

Len - Canadians don't enter using the VWP. Also, I'm not sure that failing to adjust status before her stay expired is a reason to deny the AOS - I could be wrong though. This was discussed in some depth over here.

That is true, from everything I've read, failing to adjust before my stay expired is not a reason to deny. Actually, someone said it might work in my favor as it kinda proves that I did not marry to get a green card.

Wow. I am utterly confused.

For example, my situation: I came here for 2 weeks. I left and then learned that I was about to lose my job. I talked with my (now) husband and we decided that I should come back for a month or two, see how we like spending more time together. I was living in an apartment at the time, nothing was mine, not even the furniture. So, as time passed, I just didn't go back (I was paying by the month, so I didnt have to worry about rent while I was gone).

That being said. If I read what you all said: On one hand, I am FUBAR. Because, with the losing my job, the not having a place to go back to and the coming over here for 2 months, it's really hard for me to prove that I didn't have the intention to marry. While, on the other hand, I did not lie to the CBP when I said I was coming over to see my (then) boyfriend. Besides, I am Canadian, so no I-94 and no written reason given. Furthermore, I have been here for 2.5 years, like someone said, if I came here to marry and get a green card, you'd think I would have picked someone who could get one faster.

Someone UNconfused me please.

My understanding of all of this, keeping the new information in mind is as follows:

As long as you did not lie to the officer at the border, you should be ok, even if you did intend to come here, get married, and adjust status.

I'm not saying I agree with this method of obtaining a GC since it seems like a shortcut, if there is case law to support it I am guessing that it will be tough to argue that it is illegal. Also, as it has been said, it seems unlikely that a border officer would not ask you why you are coming to visit the U.S. If you are faced with such a question and did not say "I intend to marry and adjust status" that seems like misrepresentation to me, but then again I'm not a lawyer and law can pretty confusing.

I see, the tricky (and frustrating thing) is that I did tell the truth. I was coming to visit my boyfriend. However, I don't have proof of that, and all the card point to me wanting to come here to marry. This is when a lawyer would be awesome to have...

my wife came here last aug and now her 1-94 is alrdy expired for a long time.

is this gonna be a problem when we apply for the greencard?

plz help!

I'm in the same situation, kinda. I was here for 6 months before I married my husband. And I have overstayed by 2.5 years (because of financial reasons). We are just about to file. I'm hoping we'll be ok and that I can explain clearly to USCIS why we could not file before.

Did you come on a K1 fiance visa?

No, I came as a visitor from Canada. Just fell in love and never left.

Wow. I am utterly confused.

For example, my situation: I came here for 2 weeks. I left and then learned that I was about to lose my job. I talked with my (now) husband and we decided that I should come back for a month or two, see how we like spending more time together. I was living in an apartment at the time, nothing was mine, not even the furniture. So, as time passed, I just didn't go back (I was paying by the month, so I didnt have to worry about rent while I was gone).

That being said. If I read what you all said: On one hand, I am FUBAR. Because, with the losing my job, the not having a place to go back to and the coming over here for 2 months, it's really hard for me to prove that I didn't have the intention to marry. While, on the other hand, I did not lie to the CBP when I said I was coming over to see my (then) boyfriend. Besides, I am Canadian, so no I-94 and no written reason given. Furthermore, I have been here for 2.5 years, like someone said, if I came here to marry and get a green card, you'd think I would have picked someone who could get one faster.

Someone UNconfused me please.

I've been having a tough time lately. I am sure you call all, if not most, relate to it as it is around the CR1 process and being apart from the person you have just recently married.

My hubby and I were lucky to spend 3 months together when married, then 5 more months here in Australia before he had to go back to the USA and now we have been apart since July. Our one year anniversary is in November.

I'm half way through NVC, which some may think is wonderful... but this whole process is totally depressing me and I feel like a different person.

My husband notices a lot and he tries to be good about it via phone and email.. but it's getting harder by the day and I am becoming more and more irritable on the phone or via email and I just feel awful.

When I was with him in America, it was wonderful, and now, back here, on my own, its not. When he was in Australia with me, we both knew it would be hard as my family was pretty upset I went and eloped.. and we knew we had to also tell them we wanted to live in the USA eventually... well it was a trial really.. Hubby may have stayed in Australia, but once we did a bit of living in both countries, we decided the USA was the place for us to start our marriage.

So anyway, my point is, does anyone have ideas on how to overcome this? Its really seriously wrecking my day to day life, my work, my health, my relationship and just everything. I am so depressed and I worry about things which havent even happened yet, I also worry that my husband is sick of my whinging, and that when I get there if he decides to leave me, then what will I do?

I worry because I have always had seperation anxiety from a young age, and even my ####### father who left my mother when I was 13 months old claims that my marriage "wont last" and I am "abandoning my family" - well what did he do?!?!

Anyway I am ranting now.. but I just feel like some days I cant deal with it, and lately, its been every day... and I want to be back where things were good, back in the USA... but will it be good when I get there? Theres nothing telling me it wont, but I am still so very frightened and scared and I just cant cope...

I'm in a slightly different situation than you hun, but I still wanted to chime in and give you some encouragement. There's something that always made me feel better when the ###### hit the fan (and it does a lot for me... it's like living in a ###### and fan store ) I always tell myself "This too shall pass". I think it's from some story. Basically, everything is in constant movement. Good times will turn into bad ones... But bad times will turn into good ones.

At any rate, everyone here can relate some way and I know we'll all be willing to cheer you up!

Kathrin41, I want to thank you, from the bottom of my heart for your very detailed answer. You've answered so many of my questions in one post that I am speechless.

Canadians are not a part of the Visa Waiver Program (VWP). They have a special relationship as visitors to the US in that they are not issued visas nor are they 'waived' from having a visa as just a regular visitor. Canadians do not get I-94s or I-94Ws unless they are entering with specific visas.

Having entered the US as a visitor, if USCIS does not approve your AOS, you are not allowed to appeal the decision. You have several options at that time including refiling a whole new AOS application and providing information that addresses why the first one was denied. That would be the first choice. The second would be for your husband to initiate a spousal visa for you which would require you to leave the US, go through the immigration process via the US Consulate in Canada, be denied and request a waiver from the 10 year ban you incurred when you left the country, and wait it out for a CR-1 visa. I honestly don't think it is going to come to that. I hope it doesn't get to that, but if it does, I'm glad to see I have some options.

Since you are admitting to being here for 2 1/2 years already I don't think you are going to have an issue with failing to have 'proof' of your original entry. If you were trying to claim that you had not been here long enough to earn a 10 year ban if you left the country, then you might run into problems. However, they know and you know that you have overstayed your regular visitor's allowance by a considerable amount and there is no real need for them to 'prove' you were here longer or shorter than you state as there is no benefit accruing to you. This is also a relief. I was thinking that the whole thing with not having a proof of entry was that they would think I did not get inspected by a customs official (aka they would think I came here illegally), but now that you explain the real reason they care about proof of entry, I can see that it was silly. Furthermore, I doubt Canada produces a lot of illegal immigrant for the U.S. Bring proof of your valid marriage that goes back to when you did get married because what you really want to focus on is showing you have a real marriage. Having taken this long to file also goes in your favour because it is unlikely you would have waited all these years to apply if you were just after a green card. I intend to bring pictures and cards received at our weddings, as well as some mailed to me by my own family members (they couldn't come). Also, my husband was told by our current tax person that he could not claim me, but someone here said that this was false, so we are going to have his tax (for the last three years) looked at and adjusted. We do not yet have a bank account together, because I didn't have a SSN, but we will open a joint account as soon as I receive an EAD. We will also add my name to the house and car's title. I wonder if the fact that we waiting so long to do that will play against us...

The other issue of concern is intent. Did you intend to get married when you crossed the border as a visitor all those years ago or did you end of deciding to get married after you arrived? Again, USCIS may not even raise this issue either. You have 2 1/2 years into a valid marriage - you may get a 'lecture' about waiting so long but I think that is probably going to be the worst of it. As far as intent goes, I don't know how USCIS will read into this. You might be able to tell me. I came here, for 2 weeks. Then I went back to Canada. My job was going to let me go (this happens a lot, but this job also rehires very often, depending on their need), so we decided to see how we would like living together for a month or two. I packed my bags for a regular vacation. I didn't have much at home as I had just moved in to a new apartment. So. here I am, and after 3 months... We realize we don't want to be separated. I call the consulate and learn that I can stay here 6 months total... So, I check with work, they don't need me yet. I decide to stay another month or two. Those months go by, and we really don't want to be separated. So, we start talking about marriage. We set a date that is exactly 6 months, or 6 months a 1 day from the day I came here. (wonder if that will be an issue). Then We looked into immigration laws, and that's when we realized it was really pricey and complicated.

my wife came here last aug and now her 1-94 is alrdy expired for a long time.

is this gonna be a problem when we apply for the greencard?

plz help!

I'm in the same situation, kinda. I was here for 6 months before I married my husband. And I have overstayed by 2.5 years (because of financial reasons). We are just about to file. I'm hoping we'll be ok and that I can explain clearly to USCIS why we could not file before.

You have said it all yourself. If you end up with an AO from Hell, he might give you a tough time and if I am not mistaken, and you are here on VWP, then you have no right to apeal as well. Good Luck.

Could you explain what you mean by "VWP"?

I'm writing up some supplemental letters/ cover letters and I want to put the address where we will be sending everything to in the letter. We are filing I-130 & I-485 concurrently and we live in Pennsylvania.

I think we send to:

U.S. Citizenship and Immigration Services

P.O. Box 805887

Chicago, IL 60680-4107

Is this correct? I am sending all the forms here right?

Another quick question- when I make a cover letter for the I-485, should I list everything in the I-864, I-765 & I-131 with the cover letter or have an individual cover letter for each form? I was planning on doing 4 separate cover letters but I wanted to see what others have done

Thanks!

From what I've read, I think people put only one cover letter explaining what the whole package contains. While we're talking about letters, I've always wondered if people include a letter explaining how they met as well as their evidence (pictures, banks accounts, etc.).

Hi My parents are here in visitor visa and have 3 1/2 months left before they have to return, if we decided not to extend the stay. If I file for AOS, can they get green card within 3 1/2 months? I don't think the processing time posted by USCIS is accurate. What is the timeline?

I think (and this is it, just my own taught) that once you start the AoS process, you are in a new category. So the time they have left shouldn't count anymore. But I could be wrong. So, please, if anyone knows, correct me.

Hey guys!

This may have been asked before, but I couldn't find it anywhere. I will be filing for AoS based on marriage within the U.S. I have overstayed for 2.5 years and the only issue that I might have is the fact that I have no I-94, but more to the fact, I have no proof on entry. Now, I asked about this before and was told that because I am a Canadian Citizen, it might not be a problem. When I came here, I was just visiting, so it's not that surprising that I threw away my bus ticket. I remember reading that some Canadians did get the AoS even without a proof of entry, as the USCIS is use to that.

But, let say I run into the interviewer from hell. The fact that I don't have proof of entry really bugs him. And he decides that he's not gonna take our Canadian B.S. anymore.

Do I have any recourse? Because, as it stands, my husband is terrified that I'm gonna be denied and deported... and that he's gonna have to clean his own clothes and make his own food.

I meant to say that some Canadians got their GC, not their AoS... Sorry

Hey guys!

This may have been asked before, but I couldn't find it anywhere. I will be filing for AoS based on marriage within the U.S. I have overstayed for 2.5 years and the only issue that I might have is the fact that I have no I-94, but more to the fact, I have no proof on entry. Now, I asked about this before and was told that because I am a Canadian Citizen, it might not be a problem. When I came here, I was just visiting, so it's not that surprising that I threw away my bus ticket. I remember reading that some Canadians did get the AoS even without a proof of entry, as the USCIS is use to that.

But, let say I run into the interviewer from hell. The fact that I don't have proof of entry really bugs him. And he decides that he's not gonna take our Canadian B.S. anymore.

Do I have any recourse? Because, as it stands, my husband is terrified that I'm gonna be denied and deported... and that he's gonna have to clean his own clothes and make his own food.