Kittyfang

Credit checks are not a part of the immigration process.

Oh that is a relief! Thank you!

Hey gang!

I never know where to post, so I hope I'm in the right place.

I have been in the U.S. for 3 years. Came as a visitor, married an American and now soon to apply for AoS.

Here is my question. I have... some unpaid bills in Canada. One is a cell phone bill, and the rest are student loans. Sooooo, I know I should pay my bills, I know, and I intend to get right on that when I can finally work. However, can that influence my AoS application? Can they deny me because of that? Are they even going to look for things like that?

I did ask her about the SSN, and she said that no, I cannot have a SSN prior to having EAD. Which makes sense, because I was told that I will need to show my EAD when I go to get a SSN.

In your case, she might be right about the SSN, I don't really know. However, this is not always true. For example, if you come here on a K1 you can apply for a SSN as soon as you enter the country and do not have to wait for anything.

Mmm I see. Still, I don't really "need" one at this time. It is somewhat weird to say "sorry I don't have a SSN" and having to explain the reasons when I am asked (at the doctor for example). but most of the time, they nod, ask about my accent and if it's true that we don't pay for hospitals up there!

Hi Kittyfang. I am going to move your thread to the AOS From Other Visa section. You'll find many others in that forum who have adjusted under similar circumstances. Basically, the overstay will only affect your ability to reenter the US if you leave. So don't do that until you have your greencard.

Good luck, and welcome to VJ.

Krikit. Your picture cracks me up!

Thank you! That is what I was just told as well. I spoke with someone from a Immigration Community Help Center and she told me that overstaying will be "forgiven" once I file an AoS. The one thing she said is that they might ask for proof of entry, but since I'm Canadian, they probably won't make a big deal out of it.

Ah, that's one thing I forgot about in the last thread. I do remember reading somewhere that overstays are generally forgiven if are married to a USC.

Yup, that's what the woman said, many time. hehe

I did ask her about the SSN, and she said that no, I cannot have a SSN prior to having EAD. Which makes sense, because I was told that I will need to show my EAD when I go to get a SSN.

All in all, I just want to start filing asap. The stress is killing me.

Hi Kittyfang. I am going to move your thread to the AOS From Other Visa section. You'll find many others in that forum who have adjusted under similar circumstances. Basically, the overstay will only affect your ability to reenter the US if you leave. So don't do that until you have your greencard.

Good luck, and welcome to VJ.

Krikit. Your picture cracks me up!

Thank you! That is what I was just told as well. I spoke with someone from a Immigration Community Help Center and she told me that overstaying will be "forgiven" once I file an AoS. The one thing she said is that they might ask for proof of entry, but since I'm Canadian, they probably won't make a big deal out of it.

Hi VJ!

rsn suggested that I post a new post with a more appropriate title.

I came to meet my (now) husband in Feb. 07. I stayed for two weeks and went back to Canada. I then learned that I was going to lose my job (not definably, because my job hires and fires people depending on their needs). My husband and I discussed our options and we decided to have me come back for 2-3 months and see how we would do, living together, over a longer period of time.

When the 2-3 months were over, we knew we wanted to stay together. So we started talking about marriage. We got married on Sept. 07 (6 months after my second entry in the U.S.) and I have been here ever since.

We didn't file for AoS since then because we had no money. I called USCIS and was told that I was out of status, but that I could stay (indefinitely, but the sooner this is fixed up, the better). We are now starting to gather what we need to file.

My husband's mother will co-sponsor me.

Also, since I am Canadian, I have no I-94, and no proof of entry (I traveled by Greyhound bus and lost the ticket).

We do not have money to hire a lawyer, but I did speak with an Immigration person from a Community Help center. She told me that having overstayed is bad, but that I might not be denied because of it.

I came here in February 2007. For two weeks, to visit my (now) husband. After two week, I returned home, but was advised that I was about to lose my job. I spoke with my husband and we figured that I should come back for 2-3 months. For two reasons, one, we would see how we get along over a long period of time, but also, I would have some time to look for another job, or reapply for the same I had (my job fires and rehires people depending on what they need).

I came back around March 07. After a few months together, we started talking about marriage. We love each other and didn't want to be separated again. So no, I didn't come here with the intent of getting married. I was just vising my (then) boyfriend. We got married on Sept 1 07 (our license says Aug. 31, but I think the mayor, he's the one who married us, made an error.) We were silly, and I know now that we should have looked at the immigration laws sooner.

We have almost no money, so that is why it took so long for us to think about AoS. We have paid off some bills, so we'll soon be borrowing the money from a bank. It's been really hard, I'm a freelance translator and it has been heartbreaking to turn down clients, since I am not allowed to work.

Ok, all fine up until the fact that you overstayed by 2 years and counting. You should have filed for AOS immediately after your marriage. This is going to be a problem. Unfortunately, this is beyond my scope of knowledge, so I am not 100% sure what you should do next. I would advise that you contact a good immigration lawyer at once and wait here for others who know more about this to reply.

I see, well I did contact USCIS. I was told that yes, it is bad that I overstayed, but that the AoS would fix that. Apparently, being out of status isn't has bad as it seem.

I think someone, on this forum, replied to a question I asked and said that he had been overstaying since 2006, but that his AoS was approved. Maybe USCIS just figures that it's better to accepted AoS, even from people who have overstayed. It lets those people feel better about filling. I'm sure there are some people out there who are so overwhelmed by the process that they just forget about it and go on without ever filling for anything.

Another idea might be to post another topic with an appropriate title that will draw in members who know more about overcoming the specific situation you are in. A good title might be "Visitor from Canada in March '07, married in September '07, still here & no AOS, what now?"

That IS a good idea... And what's more, I'm going to steal your title idea!

As for the SSN, I was told that I need an EAD to get one. It is a problem that I waited? I was told that since I'm out of status, I'm just a hair away from being illegal. I figured they wouldn't give SSN to illegals.

You definitely do not need an EAD to get a SSN, but you might have problems obtaining one if your I-94 is expired or if it expires soon. When does your I-94 expire?

You are not out of status until your I-94 expires, which is why you should try to file AOS before that expires.

oh dear... I was really misinformed then.

I came here in March 07. I am canadian, so I do not get an I-94. However, I think I was allowed to stay 180 days. Needless to say, this has expired... Will it cause me problem? I'm really nervous now.

This is what I have from SSN website.

" Social Security will ask to see a current DHS document. Acceptable documents include:

* Form I-551 (includes machine-readable immigrant visa with your unexpired foreign passport);

* I-94 with your unexpired foreign passport; or

* Work permit card from the Department of Homeland Security (I-766 or I-688B)."

I have none of these, so that is why I figured I had to wait for my EAD.

Well, first of all, just to be clear, you came here as a visitor in March 2007, correct? You did not come here on a K1 or K3 or CR1 visa, correct? If you did come here as a visitor, was it your intent to marry before you came here? When did you get married?

I came here in February 2007. For two weeks, to visit my (now) husband. After two week, I returned home, but was advised that I was about to lose my job. I spoke with my husband and we figured that I should come back for 2-3 months. For two reasons, one, we would see how we get along over a long period of time, but also, I would have some time to look for another job, or reapply for the same I had (my job fires and rehires people depending on what they need).

I came back around March 07. After a few months together, we started talking about marriage. We love each other and didn't want to be separated again. So no, I didn't come here with the intent of getting married. I was just vising my (then) boyfriend. We got married on Sept 1 07 (our license says Aug. 31, but I think the mayor, he's the one who married us, made an error.) We were silly, and I know now that we should have looked at the immigration laws sooner.

We have almost no money, so that is why it took so long for us to think about AoS. We have paid off some bills, so we'll soon be borrowing the money from a bank. It's been really hard, I'm a freelance translator and it has been heartbreaking to turn down clients, since I am not allowed to work.

As for the SSN, I was told that I need an EAD to get one. It is a problem that I waited? I was told that since I'm out of status, I'm just a hair away from being illegal. I figured they wouldn't give SSN to illegals.

You definitely do not need an EAD to get a SSN, but you might have problems obtaining one if your I-94 is expired or if it expires soon. When does your I-94 expire?

You are not out of status until your I-94 expires, which is why you should try to file AOS before that expires.

oh dear... I was really misinformed then.

I came here in March 07. I am canadian, so I do not get an I-94. However, I think I was allowed to stay 180 days. Needless to say, this has expired... Will it cause me problem? I'm really nervous now.

This is what I have from SSN website.

" Social Security will ask to see a current DHS document. Acceptable documents include:

* Form I-551 (includes machine-readable immigrant visa with your unexpired foreign passport);

* I-94 with your unexpired foreign passport; or

* Work permit card from the Department of Homeland Security (I-766 or I-688B)."

I have none of these, so that is why I figured I had to wait for my EAD.

That is what I taught as well. At this point, my brain is just going crazy trying to figure what will prove that we are a real couple. Thank you for the help!

Also, rsn, I have to say this. Your picture terrifies me! When I think about USCIS denying us, an image like that is what I picture.

It's actually from The Sopranos, not a picture of an immigration officer at work.

If your relationship is legitimate (I'm not saying it isn't, just a general statement) then you should be ok, especially if you do your homework. Note that I have still yet to receive the GC or the AP or the EAD, so I'm still learning myself, but it helps to read about other people's experiences on this site - lots of knowledgeable people on here. Best of luck!

I meant to watch the Sopranos, but we turned off our cable... So, really I haven't watched T.V. in about a year.

Also, I agree with what you said. It is a very complicated process ! That is why I'm asking every question that comes to mind!

As for the SSN, I was told that I need an EAD to get one. It is a problem that I waited? I was told that since I'm out of status, I'm just a hair away from being illegal. I figured they wouldn't give SSN to illegals.

I am about o file for AoS based on the fact that I married and American, while in the U.S..

We're very simple people and spend all out time together, so we don't really have pictures, (and since I do not work, and have no SSN, for now, we have no join bank account.)

But this got me thinking. We do not have a lot of money so my husband's mother is going to file a join affidavit of support. I know that I can't point at that and say "Look! She's sponsoring us! That means our marriage is real!" But when the application is being reviewed, you would think that they would see that as some kind of proof that our marriage is real. I mean, "I" wouldn't sponsor someone if their marriage wasn't real.

I doubt that having a co-sponsor lends any additional validity to the relationship. Not having pictures together seems odd. If you have an interview that might be tough to explain. You really have not provided any information about your case, so if you would like more in-depth analysis, please enlighten us. Thanks!

Hi! Well we do have SOME pictures, marriage pictures mostly. They show his family and the reception we had. We have some pictured of our dogs and we plan on taking some of the house (I promised my family I would send them some). We also want to put his old car in my name. One I get my EAD, we will open a joint bank account (tho I'm afraid that USCIS will ask why we waiting so long... but on the other hand you can't open a bank account without a SSN, and why would I want to if I'm not working?). We will also put my name on the title of the house.

There was one thing. Some months ago, my husband was arrested for assault on a neighbor. The charges were dropped and the case was dismissed (the neighbor in question was as responsible, if not more than my husband, for the fight). The police came and took our depositions. They have me on there and I'm wondering if I should bring this. It kinda proves where I live and what my ties are to my husband... but on the other hand, I don't really want to use this and give my husband a bad name in the eyes of USCIS.

Pictures of you two at the wedding/reception with family are good. Pictures of dogs and a house are not useful at all unless you two are in the photos as well. Cars & houses in both names are good too. Not everyone has joint checking account, so I wouldn't worry too much about that if you have enough other evidence.

I would leave out the police report, I don't see any reason why that would be a good idea to present to USCIS.

That is what I taught as well. At this point, my brain is just going crazy trying to figure what will prove that we are a real couple. Thank you for the help!

Also, rsn, I have to say this. Your picture terrifies me! When I think about USCIS denying us, an image like that is what I picture.

I am about o file for AoS based on the fact that I married and American, while in the U.S..

We're very simple people and spend all out time together, so we don't really have pictures, (and since I do not work, and have no SSN, for now, we have no join bank account.)

But this got me thinking. We do not have a lot of money so my husband's mother is going to file a join affidavit of support. I know that I can't point at that and say "Look! She's sponsoring us! That means our marriage is real!" But when the application is being reviewed, you would think that they would see that as some kind of proof that our marriage is real. I mean, "I" wouldn't sponsor someone if their marriage wasn't real.

I doubt that having a co-sponsor lends any additional validity to the relationship. Not having pictures together seems odd. If you have an interview that might be tough to explain. You really have not provided any information about your case, so if you would like more in-depth analysis, please enlighten us. Thanks!

Hi! Well we do have SOME pictures, marriage pictures mostly. They show his family and the reception we had. We have some pictured of our dogs and we plan on taking some of the house (I promised my family I would send them some). We also want to put his old car in my name. One I get my EAD, we will open a joint bank account (tho I'm afraid that USCIS will ask why we waiting so long... but on the other hand you can't open a bank account without a SSN, and why would I want to if I'm not working?). We will also put my name on the title of the house.

There was one thing. Some months ago, my husband was arrested for assault on a neighbor. The charges were dropped and the case was dismissed (the neighbor in question was as responsible, if not more than my husband, for the fight). The police came and took our depositions. They have me on there and I'm wondering if I should bring this. It kinda proves where I live and what my ties are to my husband... but on the other hand, I don't really want to use this and give my husband a bad name in the eyes of USCIS.

(Laughing) well it's somewhat happening to Rosie and I and we are waiting to see what we need to do if they do by chance deny her ..her green card. We have her AP and her EAD but agents came to our house and interviewed her.

The only thing and the worst that could happen is she has to go back to the Philippines. The best is we get a Lawyer and fight them. Which what we would do first. Rosie is worth more then mere money ..... Our love is strong and we have lots of proof (they said our problem and concern was our age difference 60 vs 23).

I am not worried ... as long as we fight she stays right here.

I retire in 3 months 3 weeks .. I am early retiring so we can do lot of things together.

Living back in the Philippines wouldn't be the worst thing for us. But is does stop us from enjoy our lives as we

have planned to. We want the best of both worlds.

LOVE her Dearly

Rosie and David

Hi!

Yes, I have read the post you made about the agents going to your house. I think it's terrible and I hope she isn't too upset. I do hope you guys make it.

I guess that, when compared to others (and please don't think I'm rejoicing in your problems, I'm just comparing our situation) our situation isn't so bad. We are about the same age, religion and race. It's just that nagging pessimistic voice in our head that is causing all this doubt.

I really hope that the situation resolves itself for you and your beloved.

It's one fee, $1010. But on big issues like this, I usually give them a call. Actually, I give them 3, I ask the same question and if I get the same answer, from different rep, then I take it as the right answer.

Speaking of which, the USCIS phone rep are not very helpful. On many times, I had them quoting me information from their website, one even told me that she didn't know the answer and that I should talk to a lawyer. (My question was about birth certificate size). I just about asked her WHY she was there, but I decided to just say thank you and hung up. I get the feeling she knew how I was feeling, they must get a lot of calls that they cannot help.

Hi again! you guys are such a big pool of information that I can't help myself. I have to ask another question!

And this is the big one.

What if... it doesn't work. What if, by some dark, evil chance, they refuse our petition. What is the recourse? And do they do that very often? Based on what ground?

I have over extended my stay, but have not done anything illegal. I don't have proof of entry, but I am Canadian. We have proof that our marriage is real). We do not have a lot of money, but we have a co-sponsor (his mom).

I am about o file for AoS based on the fact that I married and American, while in the U.S..

We're very simple people and spend all out time together, so we don't really have pictures, (and since I do not work, and have no SSN, for now, we have no join bank account.)

But this got me thinking. We do not have a lot of money so my husband's mother is going to file a join affidavit of support. I know that I can't point at that and say "Look! She's sponsoring us! That means our marriage is real!" But when the application is being reviewed, you would think that they would see that as some kind of proof that our marriage is real. I mean, "I" wouldn't sponsor someone if their marriage wasn't real.

Wow you guys are making me feel tons better! Thank you so much for the info!

I don't really have anything to prove that I came legally. Before we met in person, I made my (now) husband buy my bus ticket. It was a little security measure for me.

I also agree with Cloudy9, they must be use to it with Canadians.

It's all just very scary. Decisions like this affect the rest of your life.

Hi everyone!

I came trough the border from Canada about 3 years ago and got married after 6 months (didn't cross the border with marriage on my mind, but things happen ). Now I have out of status, and have been for 2.5 years. We are filing for AoS and I think I may have a small problem. I came trough the border via Greyhound bus. Like I said, I wasn't given an I-94. The problem is that, since I wasn't expecting to stay here, I trew away my bus ticket. So I have no proof of entry.

Now, is that going to cause USCIS to deny me, or because I am Canadian (and I think the no I-94 situation is fairly common), it will not cause a problem

Any help would be greatly appreciated.