I-130 help (fears & ??s)
Jan 9th 2006, 11:20 am
#1
Guest
Posts: n/a
I-130 help (fears & ??s)
hi. i'm a US citizen recently married to a Canadian citizen. she's been
here 1.5 yrs living with me, came over as a visitor using only her ID
and we decided for her to just stay. married now almost 2 weeks, and
she's 6 months pregnant with our first child. we're scared about her
status here though. i know i have to file a I-130 for her, but it asks
for 2 things on the form, 1 is a number for her I94 or I95, but she
never got any paperwork when she came over. and the 2nd thing is date of
entry, what should i put there? we're scared to death of her being
kicked out and very pregnant, or being kicked out after the baby is born
and not being able to care for it. please help us
--
Posted via http://expatforums.com
here 1.5 yrs living with me, came over as a visitor using only her ID
and we decided for her to just stay. married now almost 2 weeks, and
she's 6 months pregnant with our first child. we're scared about her
status here though. i know i have to file a I-130 for her, but it asks
for 2 things on the form, 1 is a number for her I94 or I95, but she
never got any paperwork when she came over. and the 2nd thing is date of
entry, what should i put there? we're scared to death of her being
kicked out and very pregnant, or being kicked out after the baby is born
and not being able to care for it. please help us
--
Posted via http://expatforums.com
Jan 9th 2006, 2:17 pm
#2
SUPER CRUNCHY BALCONY COW
Joined: Jul 2003
Posts: 9,476
Re: I-130 help (fears & ??s)
Originally Posted by Icidi
hi. i'm a US citizen recently married to a Canadian citizen. she's been
here 1.5 yrs living with me, came over as a visitor using only her ID
and we decided for her to just stay. married now almost 2 weeks, and
she's 6 months pregnant with our first child. we're scared about her
status here though. i know i have to file a I-130 for her, but it asks
for 2 things on the form, 1 is a number for her I94 or I95, but she
never got any paperwork when she came over. and the 2nd thing is date of
entry, what should i put there? we're scared to death of her being
kicked out and very pregnant, or being kicked out after the baby is born
and not being able to care for it. please help us
--
Posted via http://expatforums.com
here 1.5 yrs living with me, came over as a visitor using only her ID
and we decided for her to just stay. married now almost 2 weeks, and
she's 6 months pregnant with our first child. we're scared about her
status here though. i know i have to file a I-130 for her, but it asks
for 2 things on the form, 1 is a number for her I94 or I95, but she
never got any paperwork when she came over. and the 2nd thing is date of
entry, what should i put there? we're scared to death of her being
kicked out and very pregnant, or being kicked out after the baby is born
and not being able to care for it. please help us
--
Posted via http://expatforums.com
Jan 9th 2006, 3:05 pm
#3
Guest
Posts: n/a
Re: I-130 help (fears & ??s)
I'm in a similar situation; although my CAN citizen went back I am
filing all the paperwork. I was told that when asked about I-94 you
write "Canadian Citizen admitted without I-94"
purdy common actually.
all I can say about staying is start the paperwork and DO NOT have her
go home. She may trigger the ban.
on date of entry you put THE TRUTH. If you don't you're in a worse spot
than if you do. Can citizens fall under a little different category
since there is many times no visa and often no I-94. You should get the
paper rolling asap and do not let her travel even 1 inch into canada
while you await the stuff to go thru.
icidi wrote:
> hi. i'm a US citizen recently married to a Canadian citizen. she's been
> here 1.5 yrs living with me, came over as a visitor using only her ID
> and we decided for her to just stay. married now almost 2 weeks, and
> she's 6 months pregnant with our first child. we're scared about her
> status here though. i know i have to file a I-130 for her, but it asks
> for 2 things on the form, 1 is a number for her I94 or I95, but she
> never got any paperwork when she came over. and the 2nd thing is date of
> entry, what should i put there? we're scared to death of her being
> kicked out and very pregnant, or being kicked out after the baby is born
> and not being able to care for it. please help us
>
> --
> Posted via http://expatforums.com
filing all the paperwork. I was told that when asked about I-94 you
write "Canadian Citizen admitted without I-94"
purdy common actually.
all I can say about staying is start the paperwork and DO NOT have her
go home. She may trigger the ban.
on date of entry you put THE TRUTH. If you don't you're in a worse spot
than if you do. Can citizens fall under a little different category
since there is many times no visa and often no I-94. You should get the
paper rolling asap and do not let her travel even 1 inch into canada
while you await the stuff to go thru.
icidi wrote:
> hi. i'm a US citizen recently married to a Canadian citizen. she's been
> here 1.5 yrs living with me, came over as a visitor using only her ID
> and we decided for her to just stay. married now almost 2 weeks, and
> she's 6 months pregnant with our first child. we're scared about her
> status here though. i know i have to file a I-130 for her, but it asks
> for 2 things on the form, 1 is a number for her I94 or I95, but she
> never got any paperwork when she came over. and the 2nd thing is date of
> entry, what should i put there? we're scared to death of her being
> kicked out and very pregnant, or being kicked out after the baby is born
> and not being able to care for it. please help us
>
> --
> Posted via http://expatforums.com
Jan 10th 2006, 11:44 am
#4
Account Closed
Joined: Aug 2002
Location: Kentucky
Posts: 38,865
Re: I-130 help (fears & ??s)
Originally Posted by Icidi
... married now almost 2 weeks, and she's 6 months pregnant with our first child.
... 1 is a number for her I94 or I95, but she never got any paperwork when she came over.
... the 2nd thing is date of entry, what should i put there?
we're scared to death of her being kicked out and very pregnant, or being kicked out after the baby is born and not being able to care for it.
The good news is that, as long as there are no other issues, overstays are generally forgiven for the spouse of a USC. The bad news is that you should consult an experienced immigration attorney (and I don't give a fuzzy rats ass how much money you think it's going to cost) before getting in any deeper.
Oh, by the way, if she does get kicked out... I suggest you don't fight her for custody since you're so concerned about who's going to care for "it".
Ian
Jan 10th 2006, 11:51 am
#5
SUPER CRUNCHY BALCONY COW
Joined: Jul 2003
Posts: 9,476
Re: I-130 help (fears & ??s)
Originally Posted by ian-mstm
Well how the hell did this happen? Couldn't you keep it in your pants?
Canadians are not issued an I94 when they cross the US border, and unless she was a crewperson she won't have an I-95 either!
Put down the date of entry! This isn't rocket science.
It's a little late now to worry about something you obviously couldn't have cared less about 1.5 years ago! Stop whining and act like an adult.
The good news is that, as long as there are no other issues, overstays are generally forgiven for the spouse of a USC. The bad news is that you should consult an experienced immigration attorney (and I don't give a fuzzy rats ass how much money you think it's going to cost) before getting in any deeper.
Oh, by the way, if she does get kicked out... I suggest you don't fight her for custody since you're so concerned about who's going to care for "it".
Ian
Canadians are not issued an I94 when they cross the US border, and unless she was a crewperson she won't have an I-95 either!
Put down the date of entry! This isn't rocket science.
It's a little late now to worry about something you obviously couldn't have cared less about 1.5 years ago! Stop whining and act like an adult.
The good news is that, as long as there are no other issues, overstays are generally forgiven for the spouse of a USC. The bad news is that you should consult an experienced immigration attorney (and I don't give a fuzzy rats ass how much money you think it's going to cost) before getting in any deeper.
Oh, by the way, if she does get kicked out... I suggest you don't fight her for custody since you're so concerned about who's going to care for "it".
Ian
