Ok, no yelling at me now folks. I know that this is one huge mess, and I would just like a bit of advice. I am originally from England, and moved to Canada when I was 21yrs. I am a citizen of both the UK and Canada. Just over 2 yrs ago I met my husband, he is a US citizen... we did the long distance thing for a while then I got sick of it and decided that I was going to come down to the US and see if this relationship was a permanant thing. He was getting divorced so marriage at that point was not an option, and niether one of us wanted to get married just to get me in the country. Well the relationship went great... but his divorce didnt, it took nearly 2 yrs for his divorce to go thro and we recently married. So it doesnt take a rocket scientist to figure out that I have been down here for way to long with no status whatsoever. Now we can apply I darent... thinking that I am going to be kicked out due to being here illegally..(gosh I hate that word). So my question is.. what do I do? Forget it and get him to move up to Canada after his kids leave home..( they live with us).. or take the bull by the horns and hope that they do not kick me out. But then what... if I do get booted whats the solution? I live in Canada and my husband lives in the US with his children. As you can see its a big pile of cow ****..lolol. Any comments would be welcome... but no bashing pls. Thanks all. Spiritfrog
No its not a real mess. Go to the ucis.gov website and click on the link that informs you about applying for a greencard through marriage. I am assuming you came on a visa waiver. As long as you were inspected at the border then you are allowed to adjust your status. Make sure that you fill in all the forms required correctly. If you feel nervous you can always speak to an attorney but in reality if your case is a simple one then you may not need one to simply file forms. Get the ball rolling. Its not as messed up as you fear
Thanks for your help.... but to make matters more complicated, I didnt come down on a visa waiver or whatever that is... I just came down for a trip figuring that we would either get married before the Illegal button rang, or maybe the whole relationship wouldnt work. It was kind a gamble.. as I left my job and everything. Not sure if that makes it alot worse or not. As I have now been here for about 2.5 yrs. The one thing that I guess is a good thing, I havent been working under the table or anything..lol. Not that I think that at this point is going to make much difference. So does this make the situation bad? Me not coming down on any kind of visa, I have been reading alot of the posts today and have seen many comments on if you have been illegal basically you are toast. Would be gratefull for any info you can give. Thanks Spiritfrog
You situation is not as bad as it may seem to you.
You have the option to file for the adjustment of status based on the marriage to USC. Your overstay will be 'forgiven'.
There is more good news: 'Canadians who entered legally as a visitor, but did not receive an I-94 (common occurance) should file the I-130/I-485 with proof of Canadian citizenship in lieu of a copy of the I-94.' (immig. lawyer Laurel Scott posted on her web-site).
I didn't get inspected at the border, I drove accross and didnt even get stamped. I had driven backwards and forwards for a while and think I only ever got stamped once when I crossed the border and that was when I flew. So the bottom line is, seeing that I am now married to a US citizen they will not throw me out for being in the country illegally for about a yr and a half? Thank you for your help, oh just one more question... how much does it all cost in the end, I have heard anything from 2-3,000 dollars, is that correct? Spiritfrog
It costs nothing to apply for status, if you do the paperwork yourself.Folks on this site will help you do that coz some are in the legal arena, so just ask questions here where you get stuck.You dont neeed a lawyer unless you have money to waste.
The fees to USCIS will be like $500 filing all the papers.I think I paid $455 3 years ago.Some of these fees may have gone up.
You need to be clear to us on one thingo you have an entry date on your passport? Do you mean you sneaked into the US? I dont see how they can let you in unless you used a road thats not an official entry into the U.S. Thats the only aspect of your case you need to look into-how you entered the U.S.
1) Canada does not have a visa waiver program. 2) Inspected means that you were questioned by an immigration official on entry to the U.S. (you do not have to receive a stamp in a passport or receive an I-94 to be considered inspected).
It doesn't sound like the OP snuck over the border. All she is saying is that she did not receive a stamp.
As others have said, the overstay will be forgiven because you are married to a USC.
Spiritfrog - do not leave the U.S. until your adjustment is approved. Do not apply for advance parole because you could be barred when you try to return to the U.S. You cannot hide the fact that you were an overstay. You must be truthful on your AOS application. But, because the USCIS will now know you are an overstay, you cannot leave the country until your AOS is approved.
Thank you so much for your help. I was questioned at the border yes..lol. Of course I was not completely honest as if I had said that I was dating an American and wanted to go down and see if the relationship was going to work they wouldnt of let me in. I am sure that thats pretty common, even tho its wrong. I was stamped once I think, and that was when I entered on a flight, the other times I drove over the border... and "no".. I wasnt huddled in the backseat under a blanket..lmao. But I did lie....but I guess on one hand it proves that the Marriage is a real one and not one to just get me into the country... as I really do not know anyone that would stay for 2yrs with no status, living with their future husband. I keep hearing all these horror stories about ppl getting kicked out and not given a greencard. It's all terrifying. Just to be clear, what is the first form I need to apply for, and can I just call up the Immigration office and get one sent out?, as on the websites I have looked at they charge up to $70 just for the forms. I must seem a bit retarded here, but I have no idea what forms I need. Again, thank you all so much for your help, I really do appreciate it. Spiritfrog
I have just downloaded the I-130 form, now do I need to apply for the adjustment of Status when I fill out this form? It has a reference to several other forms on this one, and I am not sure which ones I need to apply for. Also the G-325A form, what is that one? Sorry for all the questions. Oh and when this is all filed, will my husband need to show all is tax forms to prove that he can support me? or is that with different forms?. Thanks Spiritfrog
Yes illegal overstay will be forgiven by marriage to USC. The horror stories u heard are based on various different circumstances I am sure. No two cases were same, Im sure. In anyway you will need to complete the following:
I-130, I-485, I-864, 325a for you & husband, I-765 for employment. I-693 for medical(medical, check with local office procedure as some insist it comees with package while others allow you to bring sealed envelope to interview)
USCIS has fill in forms online. This is not big deal, only have to pay the application fees. follow the link that Sphy3 gave u above for info.
When you have your interview with USCis for Adjustment, just be careful when they ask how you met blah blah. Rightly you should have returned to Canada and he would have sent 4u using fiance arrangement. But since that wasnt followed you will have to say you were just visiting here and met him and when you decided to get married that it was on the spur of the moment.
Best wishes in your new life. Yes you get to stay here and not be seperated by countries
If I tell them that it was a spur of the moment wedding, wont they then want proof that I was up in Canada working for those 2 yrs? Just a thought, as that is one of the reason's I am worried about applying... I have no record of working in Canada for the last 2 yrs.
they are not going to ask for proof about working in Canada. fill out the applications and then review and ask questions. You see the applications ask your whereabouts and addresses for the last 3/5yrs. Answer truthfully as they can be verified. Yes you overstayed. You will be asked how you met, etc. Keep your answers short as to not hang yourselves. They are looking for visa fraud applicants when they ask this question.
Spur of the moment can mean. one day he woke up and said, this is the day. lets do it .. were getting married and you complied. Stop worrying
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o you have an entry date on your passport? Do you mean you sneaked into the US? I dont see how they can let you in unless you used a road thats not an official entry into the U.S. Thats the only aspect of your case you need to look into-how you entered the U.S.
