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Forgive all this ignorance

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  • Forgive all this ignorance

    I have read so much on the Immigration website that I'm completely confused.

    Here is the story, and I'm sure it's one you've all heard before. (BTW, I did search some other posts to see if the answers to my questions already exist, but I can't find a current situation).

    My husband entered the U.S. as a visitor in '98, when we met. He returned in late '98, again as a visitor, and we ended up marrying (in Colorado) in January '99.

    Since then, we together have driven across the border to visit his family, etc. on a few occasions. However, we've filed nothing.

    We moved to Missouri in 2001. He has a Missouri driver's license. He's never worked, because we knew that would be illegal. We have a tax ID number from the federal government, and we file our state and federal taxes jointly.

    My question is: which forms do I file? I understand that since he's been here so long, he won't really need a temporary resident application. I have the G-325 filled out, the medical examination has been done, the I-130 has been filled out, I have an I-751 filled out but don't know if I need it.

    We would like the end result for him to be able to:

    1) travel to and from Canada (he'd really like to be able to see his folks this Christmas)

    2) work

    3) live here as a permanent resident

    He does not have a passport.

    Any guidance is greatly appreciated.

  • #2
    I have read so much on the Immigration website that I'm completely confused.

    Here is the story, and I'm sure it's one you've all heard before. (BTW, I did search some other posts to see if the answers to my questions already exist, but I can't find a current situation).

    My husband entered the U.S. as a visitor in '98, when we met. He returned in late '98, again as a visitor, and we ended up marrying (in Colorado) in January '99.

    Since then, we together have driven across the border to visit his family, etc. on a few occasions. However, we've filed nothing.

    We moved to Missouri in 2001. He has a Missouri driver's license. He's never worked, because we knew that would be illegal. We have a tax ID number from the federal government, and we file our state and federal taxes jointly.

    My question is: which forms do I file? I understand that since he's been here so long, he won't really need a temporary resident application. I have the G-325 filled out, the medical examination has been done, the I-130 has been filled out, I have an I-751 filled out but don't know if I need it.

    We would like the end result for him to be able to:

    1) travel to and from Canada (he'd really like to be able to see his folks this Christmas)

    2) work

    3) live here as a permanent resident

    He does not have a passport.

    Any guidance is greatly appreciated.

    Comment


    • #3
      I am not an expert, so I could be wrong. First you can file while in the US, however it's quicker to file if he goes home. K-3 is what you are looking at try www.uscis.gov

      Comment


      • #4
        Hi,

        What do you mean your husband doesn't have a passport? He will need one in the process of adjustment of status. Is he a Canadian citizen?

        you are missing:
        - I-485 form (for adjustemnt of status). It is determined at the interview if one gets conditional or unconditional GC (based on the lenght of the marriage).
        - I-765 for work permit (to have until he gets GC)

        You do not file I-751. It is for people who already have GC, but have to petition to remove conditions.

        Medical: has it been done by USCIS approved doctor?

        1. Travel at this stage: not a good idea for someone who is out of status ( an overstay ), until he/she gets GC.

        2. once applied for, he should receive Employment Authoristaion Document within 90 days

        3. yes, after a successful interview

        http://uscis.gov/graphics/howdoi/legpermres.htm

        Comment


        • #5
          Yes, he is a Canadian citizen. He didn't need a Passport to come to the U.S. (he visited often, because his parents were living temporarily in Tulsa), and his passport has been expired for some time. Will he need to go back to Canada to get his passport current?

          Comment


          • #6
            No I got a passport while In fl and I was born In calgary it more expensive and you need to prove more (id wise) but you can do it

            Comment


            • #7
              On www.uscis.gov it will give you more details on how to become a permanent resident. I think he'll also need to file for advanced parole if he wants to travel but someone else needs to comment on that-I don't know the details.

              Comment


              • #8
                You need to file advanced parole forms to leave the country DO NOT leave without this as you will not be able to return untill your application has been approved.

                Comment


                • #9
                  Terese,

                  What was the longest time your husband stayed in the USA at the time (after visiting Canada)? As a tourist from Canada he can stay up to 6 months. Everything more is overstaying. There is 3 year bar for one who overstays between 6 months and a year, and 10 year bar for an overstay of more than a year. I would say you two were lucky to be able to enter the US without problems ( were not asked the right questions). In addition, he shouldn't have repeatedly entered as tourist when permanently living in the US!!

                  Since there were multiple entries after overstaying ( I don't know details, so I assume that is the case here), you may want to have a chat with an attorney.

                  Your husband shouldn't apply for and use the Advance Parole and travel while waiting for adjustment of status!!

                  Guess what? Working without a permission is a lesser offence than overstaying.

                  Comment



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