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fiance visa or 1-130?

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  • fiance visa or 1-130?

    I am living "illegally" here in the US,,,, me and my fiance are planning on gettting married very soon,,,,, can we still apply for the fiance visa, get married while waiting for the approval, and then apply for the change in status? How long does it take to get approval on the fiance visa? and how soon after getting it can i work legally? Any help will be greatly appreciated

    [This message was edited by jsb on February 03, 2004 at 10:22 PM.]

    [This message was edited by jsb on February 03, 2004 at 10:22 PM.]

  • #2
    I am living "illegally" here in the US,,,, me and my fiance are planning on gettting married very soon,,,,, can we still apply for the fiance visa, get married while waiting for the approval, and then apply for the change in status? How long does it take to get approval on the fiance visa? and how soon after getting it can i work legally? Any help will be greatly appreciated

    [This message was edited by jsb on February 03, 2004 at 10:22 PM.]

    [This message was edited by jsb on February 03, 2004 at 10:22 PM.]

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    • #3
      Are you an "overstay"?

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      • #4
        you dont need a K visa if you are in the usa. you would simply get married, file your 1-130 and then adjust. if you entered without inspection you'll likely have to go back to your country, then file for the K visa. If not skip the fiance thing, get married and adjust else you risk getting caught at any time.

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        • #5
          Still learning: No i am not an overstay,,,, we came from canada as with no papers or anything,,,,, on Nov. 1, 2002,,, as a safety run.

          Julie: We entered from canada, no inspection no papers, so based on that, you suggest just marrying, and then starting all the paper work? I have seen a previous post, that my being here "illegally" will be overlooked once I marry my finace who was born and raised here in the US,,,,, any thoughts on this?

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          • #6
            Julie said "if you entered without inspection you'll likely have to go back to your country, then file for the K visa."

            I've read where if someone is an overstay, marries a citizen and files to adjust status that usually the overstay is forgiven.

            So that's all I know...

            What is a "safety run"?

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            • #7
              Unfortunately because you entered without inspection you can NOT adjust your status while in the U.S. It was possible when Congress re-instated provision 245(i) of the INA which allowed you to adjust your status even if you just hopped the fence or snuck in through some rural path. The deadline for filing under 245(i) expired on Apr 30th 2001 and there's no indication that Congress will re-instate it.

              So, your only option is to snick(without being caught by the BCIS) back into Canada and apply for a fiance visa. If you'll get cought in addition to the fiance visa you'll need two waivers: I-212(permition to apply for re-entry after deportation) and I-601(removal of 3/10 year ban on re-entry). These two waivers are VERY hard to get approved. Especially the I-601 as you have to demonstrate extreme hardship to your USC fiance.

              How to file for viance visa is whole other story.
              I hope this helps.

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              • #8
                Still Learning: The "safety run" is that my husband in Canada, was charged with and plead guilty to manufacturing/possession of child ****, against my two youngest children, he had stated on various occasions that his idea of a divorce/seperation is a Smith and Wesson,,,,, thus me and my children fled into the US from fear.

                Qoo: I guess i am very uneducated,,, when me and my children entered the US, we had to go across the border, show ID, ect. So it was not a "sneak in through rural paths",,,,,From what is being said on the board, i am guessing that the best way to approach this is to find and higher a good lawyer???????

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                • #9
                  BTW,,,,,,, i can't remember whom told me this, but i think it was a divorce lawyer that i spoke to here in Vegas, he said that being i am from Canada, no visa was needed,,, because of the relationship between the two countries? This make sense to anyone or did i misunderstand?

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                  • #10
                    JSB, given that you did go through inspection, I'm curious as to whether you rec'd a stamp or I-94 to get into the US? I'm not up to date on Candadian-US border crossing laws.

                    But, it does appear that you did enter the country through inspection. However, if you go ahead and get married to your USC fiance, then apply for your green card, you may have some difficulties. The USCIS may assume that because you were on the run from your ex-hubby that you intended on staying in the US - whichs is illegal.

                    Not sure which route is the better one to take. regardless, I would consult a good immigration attorney to determine what your options may be.

                    Sunny

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                    • #11
                      Sunny: No, neither me nor my children received any stamp or documentation, all that happened was that i had to show my picture id, birth certs of all my children and myself. Do you have any suggestion as to where on the web i might go to find out info on coming from canada to the US? Any help would be ever so appreciated

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                      • #12
                        I think someone will respond to this that has all the answers... I know I got thrown off a little when you said you were here illegally, came in with no papers, etc. I know that if USC goes to Canada you certainly don't have to have visa, passport, etc., so I'd think it would be the same coming to US from CA. However that is for a visit. Since you've been here this long it may be equal to an "overstay". This should be a pretty simple question (for someone that knows) so you may want to go to the lawyer chat, the next one is Thursday at 5EST. Link is on the left.

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                        • #13
                          Canadians are allowed into the U.S. for 6 months. No visa required.

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                          • #14
                            Sphyrapicus: So based on that, 6 months, no visa required, if i was to re enter Canada, then turn around and come back to the US, i would be legal? and thus can do the immigration papers, etc. from with in the US with no penalty?

                            Still Learning: Thank you so much, will be there for sure!!!!!!!!!!!

                            And just an off note, I honestly did not plan on breaking any laws, was protecting my children and my self, fell in love , now want to get things right, legal and safe!!!!!!!

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                            • #15
                              well how can you prove you stayed any amount of time if you dont have any record of entry or exit? I understand we can cross to canada etc, but I thought there was an 1-94 or something that proves the date of entry/exit. I think you might get hammered for your immigrant intent if you return to canada. I wouldnt suggest leaving but rather go speak & pay if you need to for a consulation from an immigration lawyer. find out the options and then decide if you will stay & marry & adjust, or if you return what will happen.

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