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Canadian in Florida illegally-married to my daughter

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  • Canadian in Florida illegally-married to my daughter

    I just found out my son-in-law is a Canadian citizen. He has been in the U.S. for over 20 years. He just told my daughter this news and she has left him and is living with me. We are trying to find out what to do to make him legal. He says the S.S/# he uses is the same in Canada as in Florida except there are no hyphens, but he has never filed taxes and always been self employed only making enough money to scrape by. Will he go to jail even though he is married to a U.S. citizen? I know this seems outrageous but I am so ignorant of all these immigration laws. I assume since they are married, he just needs to file some papers. They have 2 girls together and 1 adopted son, Is he legally adopted, I need guidance here, Thank you, Kathy

  • #2
    I just found out my son-in-law is a Canadian citizen. He has been in the U.S. for over 20 years. He just told my daughter this news and she has left him and is living with me. We are trying to find out what to do to make him legal. He says the S.S/# he uses is the same in Canada as in Florida except there are no hyphens, but he has never filed taxes and always been self employed only making enough money to scrape by. Will he go to jail even though he is married to a U.S. citizen? I know this seems outrageous but I am so ignorant of all these immigration laws. I assume since they are married, he just needs to file some papers. They have 2 girls together and 1 adopted son, Is he legally adopted, I need guidance here, Thank you, Kathy

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    • #3
      If he entered the U.S. legally, meaning he was inspected, then this situation is fixable through the filing of the package for AOS. The biggest issue you'll face is the fees for all the forms and the inconvenience of going to the interview.
      Believe it or not, this is no big deal, nothing to worry about. The unauthorized employment is not an issue.
      However, if this person entered the U.S. as a crewman (employed by an airline) or illegally in any other way, he's banned from ever adjusting. Unfortunately, you do not provide enough details.

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      • #4
        Him not having filed any tax returns in 20 years will become a huge problem. Better consult with attorney right away.

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        • #5
          If he was just scraping by, he may not have earned enough, with the standard personal deductions, to be required to file tax returns for some of those 20 years. It would be wise to consult an accountant to establish what returns are ouststanding and what penalties have accrued.
          The above is simply an opinion. Your mileage may vary. For immigration issues, please consult an immigration attorney.

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          • #6
            This is another myth in the style of the 30/60 rule. Yet another chain of misinformation. I will tell you now, with confidence, that you have nothing to worry about provided the following is true:
            - He entered legally but overstayed.
            - He never filed form I-9 claiming to be a citizen. Even if this was true though, Karaouni would apply.
            You will be told many things about this problem, but it's nothing more than a simple AOS. The separation however can be damaging, if they are separated he cannot obtain LPR status based on marriage.

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            • #7
              We just found out about this Canada thing. I am led to believe he came here illegally. Drove here and has been here ever since. Has never applied for citizenship or told anyone he is from Canada. My daughter harped on him to get a job and pay taxes, then he told her why he could not. Is their marriage legal? I worry about the adopted son, he was from her first marriage and he adopted him. He used someone else's social security number, and this was discovered when she applied for food stamps. So is it no big deal then? I will try to get more facts. He may have come over here when he was young by his parents, and just stayed. He claims his mother abandoned him when he was young and he grew up in foster homes.I just thought they lived here, not in Canada. Oh my, I hope it is just a matter of filing paperwork. Thank you for your help. We cannot afford an attorney.

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              • #8
                houston- If he entered illegal, wouldnt he still be able to file for the waiver in Canada?

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                • #9
                  This man has been lying to us for so many years, I forget what story is true. Is there anyway to look up in Canada any information about him? Are Canadian records able to be viewed as they are in the U.S.?

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                  • #10
                    If he's an EWI he has to return to Canada and file the I-212.

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                    • #11
                      This actually more interesting than horrible. Yes, the marriage would be legal.

                      20 years ago things were very different in regard to the Canadian border crossings. Even now the government is trying to determine exactly what they are going to do about the Canadian border crossing. (They are talking border crossing cards rather than passports at this point.)

                      He never did, nor does he now, need any kind of visa to be here. 20 years ago you only had to show your drivers license at the border and you were in! There are millions of Canadians here. Just as there are millions of Americans in Canada. (I have an American friend who lived in Canada for 20 years 'illegally'. He was a teacher with a job, wife, kids, and benefits. One day the Canadian government wrote him a letter and told him to apply for citizenship and he did! No other paper work needed! Now he is American/Canadian.)

                      I have some ideas. You can e-mail me at dragonlady9947@hotmail.com

                      If he has not been in Canada for 20 years, there is probably nothing on him but if you have his SS# you can contact Experian credit bureau and they can run a credit check. You can also contact the R.C.M.P. to see if he has a record but you may not be able to get that information. (If he would ahve done something horrible, they would have got him by now!)

                      If he has not been declared a non-resident of Canada and is using his SS#, he will need to file Canadian taxes. (See Canadian/American tax treaties or find and accountant who deals with the tax treaties.) There may no record of him ever having entered the country. In 1985 you could just drive across and stay! (In 2006 you can almost do the same thing.) Does he have relatives or an address in Canada?

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