ILW.COM - the immigration portal Immigration Daily

Home Page


Immigration Daily

Archives

Processing times

Immigration forms

Discussion board

Resources

Blogs

Twitter feed

Immigrant Nation

Attorney2Attorney

CLE Workshops

Immigration books

Advertise on ILW

VIP Network

EB-5

移民日报

About ILW.COM

Connect to us

Make us Homepage

Questions/Comments


SUBSCRIBE

Immigration Daily


Chinese Immig. Daily




The leading
immigration law
publisher - over
50000 pages of
free information!
Copyright
1995-
ILW.COM,
American
Immigration LLC.

Results 1 to 9 of 9

Thread: Forgive all this ignorance

  1. #1
    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. #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.

  3. #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

  4. #4
    Guest
    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

  5. #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?

  6. #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

  7. #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.

  8. #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.

  9. #9
    Guest
    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.

Similar Threads

  1. Rudeness and Ignorance ...toward other..
    By mary Ireland in forum Immigration Discussion
    Replies: 33
    Last Post: 05-22-2011, 04:06 PM
  2. Please forgive me but I need assistance
    By bbwell in forum Immigration Discussion
    Replies: 7
    Last Post: 08-24-2006, 06:50 PM
  3. forgive
    By edith in forum Immigration Discussion
    Replies: 8
    Last Post: 10-28-2003, 09:16 PM
  4. naivety and ignorance I am illegal ?
    By in forum Immigration Discussion
    Replies: 7
    Last Post: 05-27-2003, 09:00 PM
  5. please forgive me!!!!
    By in forum Immigration Discussion
    Replies: 6
    Last Post: 02-09-2003, 07:46 PM

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
  •  
Put Free Immigration Law Headlines On Your Website

Immigration Daily: the news source for legal professionals. Free! Join 35000+ readers Enter your email address here: