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  • we need your help please

    Our situation and question is rather lengthy but we will attempt to be as brief and to the point as possible.
    I am Canadian citizen and entered US legally Feb /98 to spend time with US citizen woman. Returned to Canada later that year to finalize divorce from Canadian wife. Returned to US in Aug. '98. The following year '99, my US girlfriend friend and I had a baby boy in June of '99. We legally married in Apr / 2001. It was always our position to marry even before the baby arrived however this solidified our relationship even more. Our problem is this ... we are poor people and poor people have poor ways. We have sought information on how to get landed immigrant status in the past and was met with different information, paperwork and also fee information in excess of $1000 US. I have never worked in the US during my time here and only recently has my US wife established secure employment which has aided in our financial situation. Be fore this time we raised our child and 3 others she had from her first marriage. We intend to get further help and file whatever paperwork and fees required in early '06, however we are petrified with fear that there are or may be major repercussions do to our filing so late. Can anyone here please help with any information or point us in the proper direction to clarify what trouble we may or may not be in. Whether I am considered legal in the US or not ?!? We love each other and our family dearly and want to do whats legal but shudder at the thought of having to be separated for a day let alone a month or years.
    We really have no idea where we stand currently and if there is anything we need to know and be prepared for before we file in '06.
    Thank you in advance to any or all that can post any helpful info for us here !

    can27

  • #2
    Our situation and question is rather lengthy but we will attempt to be as brief and to the point as possible.
    I am Canadian citizen and entered US legally Feb /98 to spend time with US citizen woman. Returned to Canada later that year to finalize divorce from Canadian wife. Returned to US in Aug. '98. The following year '99, my US girlfriend friend and I had a baby boy in June of '99. We legally married in Apr / 2001. It was always our position to marry even before the baby arrived however this solidified our relationship even more. Our problem is this ... we are poor people and poor people have poor ways. We have sought information on how to get landed immigrant status in the past and was met with different information, paperwork and also fee information in excess of $1000 US. I have never worked in the US during my time here and only recently has my US wife established secure employment which has aided in our financial situation. Be fore this time we raised our child and 3 others she had from her first marriage. We intend to get further help and file whatever paperwork and fees required in early '06, however we are petrified with fear that there are or may be major repercussions do to our filing so late. Can anyone here please help with any information or point us in the proper direction to clarify what trouble we may or may not be in. Whether I am considered legal in the US or not ?!? We love each other and our family dearly and want to do whats legal but shudder at the thought of having to be separated for a day let alone a month or years.
    We really have no idea where we stand currently and if there is anything we need to know and be prepared for before we file in '06.
    Thank you in advance to any or all that can post any helpful info for us here !

    can27

    Comment


    • #3
      If your last entry to the USA was with inspection, usually USCIS will forgive a lengthy overstay (and unauthorized employment) if married to a US citizen spouse, unless there are any other issues relative to your case that could prohibit residency in the USA.

      You'll need to review the instructions on the USCIS website under FAQ-> Family-> How do I ... to get the overview of the proper filing procedures. With an overstay of 5 years, it goes without saying that you should not leave the country until your adjustment of status has been approved.

      http://www.uscis.gov
      The above is simply an opinion. Your mileage may vary. For immigration issues, please consult an immigration attorney.

      Comment

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