kr78

DO NOT LEAVE THE US.

You could be detained, but since you are clearly eligible to adjust status, you won't be deported. She will not be in any trouble at all for being married to you. I assume by "sending paperwork in" you mean applying for your Greencard? Someone from her work said if you apply for residency you will get deported? No.

Overstay is forgiven/irrelevant for spouses of US Citizens, as a courtesy to the USC. Illegal work is also irrelevant/forgiven, as long as you haven't fabricated a SSN or claimed to be a USC. You will also need to pay taxes on your previous income.

You should file for Adjustment of Status straightaway. You will get your Greencard in 3-5 months. If you left the US you would trigger a ban for reentering on any visa.

Once the paperwork is accepted for initial review, you will begin a NEW period of authorized stay. Do not apply for the temporary travel permission, called Advance Parole, because you can't use it (though you will be approved for it). Wait until you have the GC to travel.

Thank you so much for the advice. I was told this by a lawyer and also USCIS hotline and read it on this forum but my wife is scarred because she has been getting advice from people who have no idea how immigration works.

Hi all,

My wife who is a US citizen and I, who is a Canadian citizen got married last october. We are having issues because she is concerned that she may get into legal trouble by being married to me. She spoke to lawyer from her company about her legal rights and he gave her info saying that if we send the paperwork in I could get deported. Long story short I overstayed my visit and am now married and have worked under the table to make money. The lawyer I saw before said don't leave the US and send your paperwork in. Everything I have read and even the USCIS hotline has told me this as well.

Is my wife in any kind of legal trouble being married to me? I told her no as I have never heard of anything to this point. Also, going back to Canada and applying for some kind of visa to get back in to do the same paperwork would be illogical correct?

Thanks everyone

Cheers

Canadians have a unique situation; they do not need a visa, yet they enter under the terms of a B-2 visa (VWP entrants are not the same). I have heard of Canadian adjusters who just put "Canadian Visitor" under the I-94 questions. You don't need to explain yourself at this stage. Intent is not, by itself, enough to deny an AOS application. If you did intend to immigrate here on your visitor visa, then you have committed visa fraud, but only material misrepresentation at the border will get you denied (or other inadmissibility factors). They may ask you about it in your interview, but no need to write a letter at this stage.

I'm going for my medical tomorrow. After that is all said and done I will be putting the finishing touches on the whole package and sending it off. Just to be sure, I should not include a letter explaining my situation here? I just don't want them to send the package back. I would love to hear from a Canadian who has gone through this already.

Thanks everyone

Read Vanessa's guide, and the USCIS instructions, and the VJ guide linked above. But to answer your questions in short form...

1. 1 of USC, 7 of beneficiary

2. Vj guide says all, we just did bio (pre-finding VJ). If it's not good enough, worst that can happen is a RFE.

3. Photocopy.

4. Yes, they need proof of marriage. In the I-130 instructions, there lists acceptable items for proof. One of the suggestions is affidavits from friends and family about your relationship. You don't need SSN for that. Often, a landlord will also add to a lease without SSN. There are other ways to establish a real marriage without SSN.

5. No need to explain. Who at USCIS told you this?

For point 4 I can get letters but my hands are tied for anything else. We can't get a joint bank account. My father is the co-signer on the lease because they ran credit checks so that disqualified me. Could a copy with name on it help me?

Point 5 was mentioned to me because as a Canadian who came in as a visitor, I don't have a visa or i-94 so I have to explain myself. I'm assuming they want to make sure I did not enter with the intention to get married or to immigrate. Anyone on here come in to the country as a visitor from a country that does not require a visa and get married?

Thanks for the help everyone, I really appreciate this.

Hello all,

I have read many posts and decided I needed to post one of my own as I have a few questions. My wife and I are almost finished with our package to send into USCIS and I want to make sure we are not forgetting anything. We are sending in I-130, I-765, I-485, I-864, and G325a all in together.

My questions are

1. Do we send in two passport photos of each of us or do they need more than 2?

2. Do we send in photo copies of entire passports or just the bio info page?

3. Do we send in and original copy or photocopy of the marriage certificate?

4. Do they need the proof of marriage, ie. shared accounts, shared lease etc upfront or after? This one is an issue as I am not able to have a SSN yet so therefor am not on anything as of yet. When I get an EAD and SSN we will be able to join everything.

5. I came from Canada as a visitor and met my wife. Because i'm Canadian I am not required to get a travel visa. I have been told by both USCIS and a lawyer to write a letter to explain my circumstances. What do I say in this letter?

6. Do you see anything I am missing?

Thanks everyone:)