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Thread: Canadian in Florida illegally-married to my daughter

  1. #1
    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. #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

  3. #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.

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

  5. #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.

  6. #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.

  7. #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.

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

  9. #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.?

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

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