sciencenerd

I can honestly say I'll miss Canada once I'm gone.
- I didn't have to put my mother in a coma inducing debt to get a VERY high quality university education/degree
- All the people I know are knowledgeable about other cultures/countries/geography, and especially American related topics; it's not out of envy.
- A lot Americans think Canadians are a bunch of bumbling stoned hippies. While marijuana law enforcement is pretty lax in some areas, people still get arrested for selling/growing/possession - I worked with Crown Prosecutors while in high school, I saw it all with my own little eyes, so I can tell you first hand what a waste of money and court time it is to put someone in front of a judge for a minor possession charge.
- I've met Americans who can't point out Saudi Arabia/Iraq/Afghanistan on a map ... one person I met didn't even know where China or India was - this should be common knowledge.
- Toronto has an amazing culture: academia, night life, the International Film Festival, social people (from all around the world - had a great chat from some guys from Ireland, GA, and Australia all in one night at a bar haha), art, architecture and a HUGE amount of pride in our city.
- We are hungry to learn more about ourselves as a developing country, as well as other countries
- One of the BEST music scenes in North America, hands down. Deadmau5, Crystal Castles, Strapping Young Lad, Arcade Fire, Dragonette to name a few. I apologize for Nickelback.
- The health care is great. I don't know a single person who has gone to the U.S. to pay out their ####### for care, and I've never had problems personally finding a great doctor/optometrist/cardiologist/dentist. My aunt is going through chemo, and she was given a stem-cell treatment to combat its devastating effects for free.
- Canada DOES have an identity - we just don't shove it down other people's throats because that's rude It's more like an inside joke between all of us, and we like keeping it that way.
- We don't spend every spare dime on our military landing us in irreparable debt
- I like being polite and courteous. I like that I can bump into someone on the street and look back to see them saying "sorry!" at the time as me with a smile.
- This anecdote: I had a prof from Chicago who came here to live and teach. He said he knew he was becoming Canadian when he bumped into a light pole by accident and apologized.
- Tom Green, Kids in the Hall, Georges St. Pierre, Gretzky, Insulin (particularly handy for Ameircans I hear), IMAX, Pacemakers, Blackberries (the phones), William m*therf*cking Shatner, and of course: the snowblower.
- The Marijuana Party http://www.marijuanaparty.ca/index.en.php3
That being said, yes, there is heavy duty Asian immigration. It's causing a lot of tension in people my age. One Chinese immigrant I know openly stated how much he hated other Asians because they embarrass him. I don't like seeing people hork in the streets, clip their nails in line at the bank, getting trampled when trying to get on the subway or remove their dentures on the subway so they can eat the treasures in between the teeth. I don't like going into a convenience store and having to repeat myself 5 times when I try to buy smokes. By 2017 Toronto's majority will consist of visible minorities. A lot of Canadians don't want to speak out against it because we tout multiculturalism like a badge. But when you go to a high school in a not-so-great area and see daily fights (one reached 500 people) between different South-Asian gangs you realize that yes, there are problems. Ever seen a 16 year old Tamil kid get cracked in the face by an Indian kid with a cricket bat? I have. Gang mentalities are rampant. Do you read about fathers and brothers killing their daughters because of indecency which is unacceptable in sharia law? I do. This isn't to say I'm anti-immigration, I wouldn't be alive if not for it, but my family came with hundreds of thousands of dollars from Turkey (but are Armenian - I think their reason for leaving explains itself) and they worked their asses off. I think there needs to be a massive reform. In Toronto there is a program for Filipino women to come over to be nannies for rich WASP kids, or as the personal attendants to (rich) geriatric women. Although they're not the most glamourous jobs, they are working hard and they are learning about this culture in very close quarters with local families. Many immigrants, esp. older ones make no effort to get in on the "cultural mosaic", and it's causing problems.
That's a pretty long post. I love my country, my city, and yes even the Quebecois. Any children of mine will be brought to Canada go camping, fishing, hiking and experience the amazing untouched north so they can learn about this country from the literal ground up. That's one of the advantages of everyone living by the border - whole lot of gods country to play around in above us Definitely getting a Canadiana tattoo before I POE; I will always be a Canadian at heart no matter how much I get made fun of




And an clip from an absolute classic in crappy quality:

I wouldn't move to Quebec either. Their whole system is a mess.
However I would move back to Canada ... for the healthcare.

Not even a reason to go as far as constitutional law. If its a legal statute you want, we can talk about civil rights law. And that is something that changes over time as people get less and less phobic ( = fearful ) about diverse social scenarios within the social construct that is society. Slippery slopes aside, homosexuality is something that has been with humanity since its inception. What has changed are many of the attitudes towards it. Time to update those laws to be non-discriminatory. No tax-supported civil rights movement needed.

If there is a civil rights war going on regarding this issue, its exactly because people that are afraid of Mike and Steve getting married (due to their homophobia) oppose, legally, Mike and Steve's right to get married. Get out of their way, and the rights 'war' also gets out of the way.
Common Sense.

Well then let them live their lives with the same rights as everyone else without trying to impose your fears unto them... that will drive them to fight for their rights.

Funny, white people who hated black people pre-civil rights opposed civil rights for similar reasons. They didn't want to be bigots either.
Problem is, they were. And you are too.

Bigots don't like being called bigots. Even the ones who oppose gay marriage but can't articulate why - beyond it makes them feel funny.

Bigotry is everywhere

Who cares? It's not like we don't know that some who call themselves christians are in reality extremely nasty towards people who don't share their values. Not news, plus ca change.

Danno,
I feel like debating over whether or not a specific hospital actually in practice verifies a visitor's identity and relationship to a patient is entirely besides the point. That is not what this topic and debate is fundamentally about. The fact of the matter is that hospitals should check a visitor's identity, and at least in most states should only allow immediate family members visiting rights - whether or not hospitals actually enforce these regulations is another matter, and another debate.
This issue is about gay marriage and rights of gay couples in the face of the law - and it is about certain individuals and groups wanting to strip gay couples of their basic rights that are guaranteed by laws and the constitution to heterosexual married couples. It is about treating gay couples as "not real" couples, since their marriage, according to some, does not fit the traditional and conservative - and, also religious - definition of a marriage. It's not about a hospital here or another there failing to actually check a person's relationship to a patient - the issue is that IF that hospital chose to check the visitor's ID and relationship to the patient in question, and it turned out that the visitor was the patient's gay wife/husband, that person could legally be denied visiting rights because the law does not recognize their marriage as equal to a heterosexual marriage.
I could really give a rat's a** about whether or not Methodist hospital in Brooklyn or Mount Sinai in NYC actually checks for IDs. I do care - deeply - about securing equal rights to all married couples alike, gay or straight. A person lying in a hospital bed should be able to have their spouse, the person they have chose to share their lives with, visit them. Taking away that right because that couple happens to be a same sex couple is absolutely absurd, and more than anything, a total violation against the best interest of the patient. It is pointless, stupid and ignorant - and, more than anything, it is nasty politics.

I cannot write about the 1st thing but the 2nd thing will be to put down the suitcase

If they did not come to the US with the intent to immigrate, then there is no "circumventing" the system if they AOS. It is legal and the law allows for this. They would not deny the AOS unless the person is inadmissible - and filing a CR-1 won't suddenly make them admissible. They will get a background check, get their relationship evaluated, and get a medical like everyone else.
OP - you have been some good advice and some bad advise in this thread. Thankfully Krikit the mod moved it to a whole forum dedicated to AOS from work, student, or tourist visas.
You said she didn't have intent when she arrived, so that's fine. One thing you really need to know is that if you file for AOS, she cannot leave the country until she gets special travel permission, called Advance Parole, or the Greencard itself (which gives travel permission by itself). You say she has a job back home, can she just quit, and is she prepared to do so? If yes, then you can marry and file AOS. You will have a mandatory interview with you both together. Read the guides up top for the forms to fill out. It costs $1070 + $420 + whatever the medical costs you. Good luck.

Hello To all,
I am the wife of my husband that has posted here for imformation. I first of all am saddened by the reply of NigeriaorBust. You dont know our story in full and making assumptions is narrow minded. My husband DID NOT come here looking to marry. Just because our story is not exactly like yours, please dont judge others. He has a good friend here in the states that is a U.S citizen that is going to co-sponser him along with me. Thanks to the others posters that gave friendly advice, VJ is a great forum to help one another and show no judgement, I believe in allowing God to do that.
Happy Mothers Day to all!!
Mrs.Olala22

It sounds funny, but it isn't: if you are looking for men who sexually molest little boys, a good place is to start at any Christian church.

What's the issue here?

First, I do not want to advise on what to do, but I want to outline what we're dealing here with.
1) No, they do not have to prove that they did not intend to get married. Aside from the fact that a negative can't be proven, intend is not being made an issue of. More to the point, why would they have gone though the hassle of a K-1 petition, if they had intent to get married an file for AOS? Really, this is a non-issue.
2) The K-1 travels to the US, gets married, files for AOS. Sucks to begin with, as it involves AOS.
The VWP travels to the US, gets married, files for AOS. Sucks equally, because AOS is involved.
What would make sense, or would have made sense, is to get married, then to return and file for a CR-1. No AOS, no $1,070 in cost, no waiting for EAD or AP, or for a driver's license, or a SSN . . . free sailing from day one.
Well, at this point that would be crazy. If the O.P. can get this done in a timely manner, meaning to get their AOS out and accepted before the I-94W expires, it's probably a viable option.
So what would she "save?" At best one round tip ticket, but probably nothing, as she didn't intend to stay, meaning she would have to return to France to wrap things up anyway.
Decisions, decisions . . .

There you have your answer. You arrived in the US with the intention to stay for 90 days, but not to get married. If you now get married, you will become the "immediate relative" of a US citizen, your husband. Thereafter, you are eligible to file for Adjustment of Status.
You need to understand this: it's perfectly legal to get married on the VWP. What is not legal is to travel to the US with the intention to get married and afterward to apply for AOS. According to your own post, that wasn't your intention. So your attorney is correct. Not a problem, as long as you have your AOS application received by USCIS before your (electronic) I-94W expires.

Eloquently put - I would certainly help where I could - I would be menace to myself if they put a gun in my hands lol!
To those who say ' if you don't like it get out' or 'you're lucky that the US has allowed you in...' I'm from Canada - I could go home in second (and may someday). I came for my husband...not because I've been dying to be a US citizen all my life - for me.. citizenship is a practical, money based decision. Seems cold - but not everyone is here because they're from a war torn country.
Darnit - I said I wouldn' get into these arguments didn'ti

She didn't overstay her visa. The visa is the entry pass to the US, the I-94 determines the authorization to stay.
If she leaves now, she will still have an overstay. If her overstay is less than 180 days, it won't trigger an automatic bar but it can still trigger the denial of a K-1 visa petition based on the assumption that it's just a means for her to immigrate to the US. They are under no obligation to issue her a visa and they are under no obligation to explain their reasons for their decision to her in detail.
If she stays and marries you, it will still look weird. Common sense dictates that a man who just got divorced will have learned his lesson. If he jumps right into the second marriage immediately afterward, the moment a woman from a foreign country is entering a period of overstay, they will, not surprisingly, have a closer look.
There is no easy way, and there's no right way to do this. Viewing at this from your personal perspective, I'd say get to know this woman a bit better, day in, day out, in normal situations and in stress situations, before you vow to spend the rest of your life with her, as you did with your first wife before. There are no guarantees in life, but marriage is, or at least should be, a big deal for anybody. You should not allow yourself to be pressured, knowingly or unknowingly, into marrying someone based on immigration concerns only.
As politely as I can state this: don't be a fool. You are apparently a smart man, so take a step back and then nine more. Only thereafter take one step forward and do this step by step. Have you ever been to Venezuela?

Hogwash. The Donald has a great relationship with the blacks. He said so.

The previous post is correct. The 3-year rule requires you to prove your ongoing marriage and it would be fraudulent to apply under the 3 year rule when you are in the midst of a divorce (or planning on divorcing right after you submit the application). You'll have to wait the full 5 years unless you and your husband reconcile and decide to continue in your marriage. Good luck.

The previous post is correct. The 3-year rule requires you to prove your ongoing marriage and it would be fraudulent to apply under the 3 year rule when you are in the midst of a divorce (or planning on divorcing right after you submit the application). You'll have to wait the full 5 years unless you and your husband reconcile and decide to continue in your marriage. Good luck.

OP, this is incorrect as was pointed out by Harpa Timsah. She DOES NOT have a ban at the moment, but she WILL trigger it the moment she leaves the US - so what you need to make sure is that she does not under any circumstances cross the US border to any other country until she has the green card in her hand. There is no point in filing for the I-131 advance parole document, it will be useless to her because of the overstay and might just confuse you, as it might seem as though she is eligible to travel with that - She is NOT. So don't bother to apply for it.
You file all the rest of the paperwork and get all your ducks in a row to show that your marriage is bona fide. You have a child together, which is pretty much the best kind of proof there is. People AOS from overstays all the time with no problems whatsoever - the main thing is that she entered legally, with a visa, and has not left the US since the visa expired.
Again, the ban will not occur when you file - it will only take affect if she leaves the US. Overstay is forgiven for spouses of USCs.

This is incorrect. Overstay is irrelevant/forgiven for immediate relatives of US Citizens who entered with a valid visa. She does not have a ban yet because she is still in the country and did not leave. If she leaves any time before she has her GC, she will trigger that ban. Once she gets the GC, she can travel freely. I wouldn't bother filling out the I-131 because she cannot use it because of the overstay (if she does she would trigger that ban, even with an Advance Parole Document in hand). Follow the guide linked by Candian_wife and send the forms altogether to the Chicago Lockbox designated. Good luck.
Also, check out this forum:
http://www.visajourney.com/forums/forum/130-adjustment-of-status-from-work-student-tourist-visas/

Eh.. I don't think there is any reason for that type of a response. The OP obviously had not familiarized himself with immigration laws and regulatiosn well enough before getting into this situation, but they have filed paperwork and hired a lawyer in attempt to be here legally. Yes, he should have been aware of the policies and procedures himself - but it doesn't seem to me that he purposly tried to go around the system and illegally or through deception gain a residence permit in the US.
Immigrating to the US would be a mess of bureaucracy with or without people who overstay, and I doubt the waiting times would really go down even if people suddenly entirely stopped overstaying their visas. It's not as if DHS, or USCIS for that matter, is spending their time running around the country chasing down people who have overstayed their welcome in the US, unless that particular person happens to be in some type of a "most wanted" - list as well.
I am not saying that overstaying a visa is a good thing, or necessarily "acceptable" - I am all for proper planning, reading instructions and guidelines and being aware of the responsibilities and limitations attached to any piece of legal paperwork. However,I don't think there is any reason to attack the OP on this issue. He came, he filed for a green card, he overstayed, now he is trying to figure out whether or not he can legally stay here.
According to my knowledge, no one here is an immigration judge. No need to get nasty.