Pegworth

Again previous overstays known and unknown must be declared and are forgiven to a USC marriage based AOS, if you didn't disclose an overstay and they later find out, they can terminate your GC. Never lie to USCIS will cost you big.

They do ask on the forms about previous overstays to check yes or no, and even if they didn't ask you should let them know to be on the safe side.

Lying to these guys is misrepresentation and will cost a lifetime bar from entering the US.

They do not ask if you have a previous unknown over stay on form I-485 or ask you to declare it. I guess that's what the poster is getting at are all over stays forgiven at that point. it's interesting none the less.

Overstays are forgiven if they were known (ie you got a waiver).

If the now-greencard holder lied on his paperwork and didn't delcare the overstay, and it is later discovered, then the greencard can be taken away.

In what paper work do you have to declare an unknown previous over stay? I guess what they are asking is are all previous over stays known and unknown forgiven to a USC marriage based green card holder once it's been issued. It's seems they never ask if you over stayed previous to the marriage forcing one to lie or tell the truth.

The GC is USCIS property, they can terminate it at anytime. Even your USC can be taken away if found that you didn't earn it the right way.

If they found out the GC shouldn't been approved, they can cancel it at anytime.

So does this mean all overstays are not forgiven or does a USC marriage based green card holder start with a clean slate regarding past over stays.

I read this post and a response from an attorney on another forum and just copied and pasted it ... is this accurate

Question:......

Okay, this may be a stupid question, but...

I understand that previous periods of "unlawful presence" (even if unintentional) can trigger a 3 or 10 year bar to reentry to the U.S. in certain situations. But I'm not clear whether past transgressions can bar reentry of a CURRENT holder of a green card.

That is, in a situation where, PRIOR to obtaining a green card through entirely non-fraudulent means as an immediate relative, the green card holder had an "unlawful presence" of more than 6 months (and possibly a little more than 1 year), would that green card holder be subject to the 3/10 year bar to readmission to the U.S. upon leaving the country for an otherwise permitted trip? Or is the 3/10 year bar only applicable to those who have not yet obtained permanent residence status?

Thanks much for any help on this!

Answer:....

The 3 / 10 year bar is not applicable to lawful permanent residents. If an individual has an approved green card and is now a lawful permanent resident s/he will not be subject to the 3 / 10 year bar for prior overstays or period of unlawful presence before s/he got the green card.

I think they mean file a motion to keep the wavier application open so an attorney could present a case to have the denial possibly over turned or denied again in front of a judge. It's an opportunity( the motion) to present your case in front of a judge I think.

I wouldn't file anything until you have a sponsor. I don't think your husbands I-130 will be approved if he's on welfare without a sponsor.

http://www.visajourney.com/forums/topic/295799-i-130-approved-aos-interview-denied/page__p__4480403#entry4480403

Here's a link with more info from a previous thread.

When I went for my medical they told me I could have a blood test done to see which shots I needed. They could tell if I had certain shots or antibodies already for eg..Chicken pox etc. I didn't want to have extra shots or antibodies if they weren't required as I knew I had most of my shots. In the end for me the test was cheaper than the shots I required and much more efficient.

You can have dual citizenship you don't give up your Canadian citizenship.You would have to give one up if you were to become a citizen in third country I believe. A good friend of mine and former roommate went through the whole process if you do go back to Canada you will still have to file taxes in the US. I don't think Canadians need to file taxes in Canada while residing here.

Hey guys,

I wonder if any of you would have some words of wisdom to share about renewing your passport while waiting for a visa.

I am currently waiting for Pkt3 for a K1 visa in Montreal. My Canadian passport expires in April 2012. At this rate, i will likely be interviewed in June. Is it required for me to renew it before the interview because of its duration or should I wait after the interview?

I have all my travel stamps from customs in it, including my trips to visit my fiance and I think it might be a handy proof of relationship. On the other hand, if my passport needs to be good for a year after interview, then I would need to renew it prior, right?

Thanks much!

The last passport I got in NYC only took only 3 weeks for them to mail it too me in NYC. It has become much faster if you have a passport already you send that in with your application and it is returned along with your new one if you request it to be returned.

I remember reading another a post about babies being born to an American parent abroad I think the child will automatically get US citizenship. I'm not

%100 sure so you should check it out. Perhaps some one else here could share their experience of a child being born to a US citizen abroad. If I'm right though it will take the pressure off as to where you give birth during the immigration process. I'm sure being pregnant is enough to worry about at the moment. Good luck.

Pegsworth, my charge was dropped and never went to court, so I think that helped. When she brought it up at the interview, it was easy for me to explain because it was a highly-public political civil disobedience act (literally just painted a circle around a goddess of democracy statue) and I said that I left the civil disobedience alone after I finished university.

I was thankful they didn't ask for more in the way of birth certificates because my South African birth certificate simply didn't have a longform.

And yes, I was approved. Smooth as silk, it went.

Darnell -- I certainly considered posting in individual's boxes, but I received help from literally dozens of people over at least a dozen threads. It was a nightmarish proposition to search all my old threads and find each person that responded and then msg them individually. I'm a little struck by the couple msgs of opposition I've had to my mailout to 5 forums. If it's that big of a deal, I can always go and delete them. This forum would be the one in which it stayed.

Congratulations and thanks for the info Simmy.

What visa did you enter with? K1 or did you just come for a visit and then stay and get married?

I guess a B-2 visitor on the Canadian VWP which is different than all the other VWP because you don't check the no-contest box that has caused some denials of VWP overstays for AOS.

Canadians don't get a stamp or need a stamp to enter the US sometimes they stamp for flights or coming in from Europe.

I was not required to provide a stamp or I-94 etc because Canadians don't get them to enter.

You do not need a stamp as a Canadian for Adjustment of Status.

If you file your paper work and you entered as visitor intending to change your immigration status thats fraud it's called immigrant intent and you will be denied and perhaps have a ban if you overstay.

If your not married yet you could file for a K-1 fiancé visa and enter the country with that it's for 90 days I think then get married. If you get married on a visit be safe go back to Canada and file a CR-1 you can visit while that is pending.

If you tell them your thinking about getting married you will have hard time coming in just as a visitor.

If you want to sleep at night and be sure you can be together in the US either go the K-1 or CR-1 route that's what USCIS wants you to do.

I dunno, I blame Canada [queue the music from SouthPark]

proving up domicile is a huge issue on interview day - so be aware of that, when doing the CR-1 visa either via Chicago or Montreal.

pegs - as to the info you've put out - ya, it was rife with errors, but - let me whist away the fog, and suggest this -

IF an I-130 petition is filed, the foreign spouse (the Canadien) may or may not be let INTO the USA whilst the paperwork is pending.

So does this mean the can file for the I-130 after they have entered on the CR-1? This is what I thought they could do but is that wrong?

It depends on 2 things, IMO -

--attitude and knowledge of the CBP officer at the instant she comes across or

--her ability to prove up that she's NOT immigrating, showing evidence at the border , to a CBP goon, that she's fully ensconched in Canada, showing a lease document, student enrollment papers, leave document / holiday document from the hr department, etc etc...

either one of these can trip up a 'vacationer', always.

or not - depending on that particular CBP goon at that particular moment, whilst the beneficiary is inside the POE.

That's why suggested ties and some sort of proof of the CR-1 being processed or pending that they will be taking a legal route after the visits.

FWIW, no, the K-1 and the CR-1 are not so similar - if you have a mo, please review the guides section here - I think you can glean the differences from studying the forms list, the processes, and any flowcharts ya find.

Really what other choice do they have besides her visiting if they will have to prove domicile?

So my rife with errors post was that they file for work authorization and a I-485 after they enter on CR-1? Wow.

So me suggesting he stay in the US with a job and her visiting is good advice appose to him waiting around in Canada and doing nothing for 6 months to a year?

Sorry I wasn't sure about how a CR-1 works Darnell but point out what's right and wrong about my post to make your reply constructive instead of saying it's full of mistakes and asking if I'm ok? I mean really how does this help. If you over look my mistakes what I suggest makes sense from what I gather.

The misinformation in your post is not the issue of visiting with a visa pending, it is the information bolded. After the visa is issued and the beneficiary enters the US there is no additional filing of an I-130, AOS or I-785! The CR1/IR1 visa is an immigrant visa allowing one immediate permanent resident status and authorization to work.

Yes realized my mistake sorry. I thought a CR-1/IR1 was filed if your already married oppose to a fiancé visa but the process was the same after you enter sorry my mistake. So I've learned something thank you. Will he still need to show financial support during the process? This was the main reason for my post and about going this route and her visiting.

did you refer to a site? oh my.

please read the guides here at VJ - especially the DCF guide.

then work up 2 timetables -

one for Chicago Filing

one for Montreal Filing

compare the two, and let us know the results?

Please?

Purty please with bulgogi on it ?

I declare shenanigans.

Seriously.

Seriously yer reply is rife with errors.

'after the CR-1 is issued' - full stop - the rest of yer post is rife with errors.

Are you ok ?

So your saying nobody visits with a pending CR-1 after a marrige? Sorry I don't want suggest something wrong.

http://www.visajourney.com/forums/topic/259696-visiting-usa-while-cr-1-is-pending/

I was verbally approved on Sept 15th 2010 at our interview and I'm still pending. Is your I-485 pending?

Are cases sound similar.

I married on a visitor visa I was asked to provide a full form birth certificate 2 weeks after the interview and almost 2 months after the interview I needed to provide a court disposition for a simple possession of cannabis charge.

I have no record and wasn't convicted but I said that I had been charged in 1986 for this minor issue on my application.

Last time I went to USICS with the court disposition that they ask that I hand deliver I was told I should get a letter very soon that was a month and a half ago. Did you provide a court disposition already?

She can visit you while the CR-1 is being processed.

If she shows ties to Canada and receipt for the CR-1 once it is filed it shows you are going about it the legal way until she enters with the CR-1.

The reason I suggest this is at some point after the CR-1 is issued and she enters on that visa you will have to file a I-130 to show you can support her financially a I-485 for her AOS and a I-785 for her work authorization.

If your in Canada and not working you may have problems showing you meet the financial guide lines for the I-130 unless your financially independent without working.

One must submit a copy of the Long-form BC (Star, I think you got lucky ) but if one submitted a photocopy of the Long Form BC in the original packet, there is only a slim chance the IO would want to see the original at the interview. Peg, it sounds to me like the IO reviewed your file again after the interview and realized only the Short form was submitted and then issued an RFE so s/he could finalize the packet.

Yes Harpa you are correct I had my SFBC at the interview and we gave them a photo copy of that with our package. The letter came on a form I-72 which I believe is used for an RFE but there was no cover letter saying it was an RFE.

Well it's great to hear that he hasn't or wouldn't harm her they must care for and respect each other even if they are having a rough patch. Maybe they should try a little longer to work out the marriage for the child's sake. That's a very hard age for a child to loose a parent. If they try now at this critical time they know they have done all they could and still get a divorced later.

I think it's random if they ask for this. I sent in my short card style one with my paperwork (front and back) and never got asked about it again. Not even at the interview.

Just wanted to wish you luck - it sounds like you have everything in order!

/starburst

It's not random I have read many post about people needing to get a LFBC. I also posted on the forum after my letter about the request for the LFBC and many responded that it was the norm and they had to provide one as well. I think your situation in what BC you provided and how they processed your case was unique but not the norm.

Birth certificate -- it sounds unlikely that they're going to ask for it, but it would be a deal-breaker if they did and I didn't have it, so I've managed to get my sister to mail it to me. Thanks y'all for your feedback on that.

I-797C -- it would be considerably simpler for me to have a scanned copy of the letter emailed to me. I'm pretty sure this would be enough for me to get into the building. What do you think?

Simmy

You will need to get a Long form Birth Certificate and arrange getting it as soon as possible. I went to my interview with my short form (wallet size) BC and it was ok at the interview. Two weeks after the interview I received a letter asking for a Long Form BC and they gave me two weeks to sent it. Beneficiaries need to provide a LFBC in order for USCIS to process their case.

I got a ceramic maple leaf ornament some maple syrup some coffee crisp and dill chips.