justinsbaby via Immigrati

hi. just a brief over view .i met my financee in 2005 while he was in canada
visiting friends .he came to canada to live with me in 2006 for 6 months .
applyed for an extension of stay but got denied 13 days before our wedding
date .he flew back to the usa and got things together here.i came here in dec
2006 with my 10 year old son . we finally got married in march of 2007.
getting ready to file the I-130 and the I-485. ALSO I DIDDNT RECIECE A I-94 .
called immigration they said that as long as we ahve filed there shouldnt be
a problem .anyone got any insights on this matter ..thanks

Noorah101

It sounds like you've got the right process and the right paperwork. Canadians often don't get an I-94, so no problem there.

The only issue I can see would be if they ask at your AOS interview whether you had intent to marry when you came to the USA with your son. The answer, of course, is "yes", and that might give you a problem...but don't worry about it until your interview, and see if they ask you about it.

Did you have any specific question?

Rene

justinsbaby via Immigrati

>
> hi thanks for the response ,well i came here yes but i was going to return home in jan of 2007 .but after a few phone calls to the immigration office here we .in which they told us that i could either go home and he could file the I-129 .or if i was already here , we could file the I-30 so of course instead of being separeted again thats what we decided to do .both me and my son are very happy here . so if the question does come up at the interview ..what are my chances of being able to stay here .or will they send me packing bacfk to canada....this is so confusing .im getting sick to my stomache .thinking that i can lose him once again .not to mention my son could lose the only dad he has ever known .what are my options

Rete

Canadians, as mentioned, do not receive I-94's, especially if they go through drive-thru.

As for the issue of intent, it might and might not rear its ugly head. There are a few things you might have concerns about:

1. Did you give notice to your son's school before entering that he would not be returning?

2. When did you register him for school here in the US?

3. Do you have sole custody of your son and the right to remove him from Canada without his father's permission? If not, you better get this straightened out asap.

4. Do you have proof of your intent to return to Canada if you were asked? I.e., apartment lease, school records for son, job to return to, etc.

5. Do you have long form birth certificates for both you and your son for filing the petitions. While you might get away with filing with the short forms, you will need the long forms for the interview.

Noorah101

Don't worry, you won't lose your husband. USCIS won't make you get divorced and never see him again. Worst case scenario, you will have to go back to Canada and start the process over again, or your husband might have to move to Canada to be with you instead of you coming to the USA. But it's not like you'll lose him forever. Don't worry.

Rene

justinsbaby via Immigrati

Rete wrote:
>> > hi thanks for the response ,well i came here yes but i was going to
>> > return home in jan of 2007 .but after a few phone calls to the
>[quoted text clipped - 7 lines]
>> > stomache .thinking that i can lose him once again .not to mention my
>> > son could lose the only dad he has ever known .what are my options
>
>Canadians, as mentioned, do not receive I-94's, especially if they go
>through drive-thru.
>
>As for the issue of intent, it might and might not rear its ugly head.
>There are a few things you might have concerns about:
>
>1. Did you give notice to your son's school before entering that he
> would not be returning?
>
>2. When did you register him for school here in the US?
>
>3. Do you have sole custody of your son and the right to remove him
> from Canada without his father's permission? If not, you better get
> this straightened out asap.
>
>4. Do you have proof of your intent to return to Canada if you were
> asked? I.e., apartment lease, school records for son, job to
> return to, etc.
>
>5. Do you have long form birth certificates for both you and your son
> for filing the petitions. While you might get away with filing with
> the short forms, you will need the long forms for the interview.
>
hi yes i did inform the school in canada .we got him regesterded here in
school in jan .i got a nortized letter stamped by the courts in canada signed
by my ex giving me permission to leave with him i do have sole custody .
papers to prove.i dont have anything proving my return as i was living with
my mother and did not have a job at the present time .jobs are not easy to
come by in canada .i do have the birth certificates that was required also
have passport . .thanks for the reply .but im still not so sure on all this

justinsbaby via Immigrati

Noorah101 wrote:
>> > hi thanks for the response ,well i came here yes but i was going to
>> > return home in jan of 2007 .but after a few phone calls to the
>[quoted text clipped - 7 lines]
>> > stomache .thinking that i can lose him once again .not to mention my
>> > son could lose the only dad he has ever known .what are my options
>
>Don't worry, you won't lose your husband. USCIS won't make you get
>divorced and never see him again. Worst case scenario, you will have to
>go back to Canada and start the process over again, or your husband
>might have to move to Canada to be with you instead of you coming to the
>USA. But it's not like you'll lose him forever. Don't worry.
>
>Rene
thanks rene, but he was already in canada .like i said jobs there are not
easy to come by for canadians let alone americans .he was there for 6 months
and nothign filed for extension of stay and got denied .he has no ties there
no family ..nothing.. i have an aunt here and two first cousins .my uncle was
in the marines he is a usc .my cousin who works for the state as a parole
officer is helping us fill out the forms ..will having family here help me
in any way ..thanks

Noorah101

Having family in the USA does not help your case, no. They really have no input into your immigration.

If you get sent back to Canada, I only see 3 choices...1) Have him immigrate to Canada to be with you; 2) start your process over and come here on the the correct spouse immigrant visa; or 3) live apart.

Rene

justinsbaby via Immigrati

Noorah101 wrote:
>> >> > hi thanks for the response ,well i came here yes but i was going
>> >> > to
>[quoted text clipped - 27 lines]
>> help me
>> in any way ..thanks
>
>Having family in the USA does not help your case, no. They really have
>no input into your immigration.
>
>If you get sent back to Canada, I only see 3 choices...1) Have him
>immigrate to Canada to be with you; 2) start your process over and come
>here on the the correct spouse immigrant visa; or 3) live apart.
>
>Rene
well thats not what i wanted to hear ,but its the facts .so i have to be
prepared i guuess , so im thinkin that maybe its the rite thing to do .for me
to just go back now .whats the sense of payin over 1000 dollars for forms if
im going to get sent back anyways .and you dont get a refund if things dont
work out ..and what the sense of the I-130 .if you cant come her and get
married .thats what its for if your already in the usa .i still dont
understand

Noorah101

The choice is yours. Many people do exactly what you are doing and no questions regarding their intent are asked at the AOS interview. You could be one of those. It's up to you whether to go ahead with it or not. Only YOU know what the truth of your intent was when you crossed over to the USA....but if you are asked at the interview, you must tell them the truth.

What is it about the I-130 that confuses you? I answered your question about it in your other thread. The I-130 form IS for people who want to bring their spouse to the USA. However, you came to the USA first without an immigrant visa, got married, and are doing AOS. That's different than using the I-130 when you were still outside USA. You aren't supposed to just come to the USA on a visitor visa (or no visa, as Canadians do), with the intent to get married and stay in the USA. That's illegal. If you were planning to move to the USA to be with your man, you either needed a K-1 fiance visa (if you wanted to get married in the USA), or you needed to get married (either in the USA or Canada) and then return to Canada and finish the immigrant visa processing.

But now that you're in the USA, married, and wanting to file AOS, the choice is yours whether to continue that process and hope the officer doesn't ask about your intent when you came here, or return to Canada and follow the correct immigrant visa processing. You might want to have a 1-time consultation with an immigration attorney who can put your mind at ease about what to do.

Best Wishes,
Rene

Noorah101

That's what the I-130 is for if you are already in the USA and had no intention of remaining in the USA after your marriage to a USC.

For example, someone comes to the USA on a student visa. In the following year, he meets a USC in his class and they start dating. They decide to get married while he's still here on a student visa. That couple can file the I-130 and all AOS paperwork to get him a green card to stay here, because he came to the USA with no intention of meeting a USC, getting married, and staying in the USA.

Rene

Noorah101

I would say, offhand, from this post, that it seems you had the intent to stay in the USA after your marriage.

Rene

Rete

In your case, the I-130 is the petition that a US Citizen files asking for an immediate relative visa for their spouse. Without this, then the spouse has no basis for filing the I-485 for permanent residency. They go hand in hand.

And Rene explained, the I-130 can be used in two ways, either by the USC whose spouse is residing outside of the US or by the USC whose spouse is residing inside of the US and wishes to apply for PR status. You call into category 2 (as does your son).

Your husband will file and I-130 for you and another I-130 for your son. You will file and I-485 for yourself and another I-485 for your son.

Every petition that is filed by you for yourself, you duplicate for your son with the exception of the fee for biometrics (not required if under the age of 14) and perhaps an I-765 for employment authorization. Although note your son will not be eligible for a social security number/card without the employment authorization. He will be eligible to apply for one after he is a PR, however. Note that your son will need a social security number if your husband/his step-father wishes to claim him on his federal/state income taxes.

justinsbaby via Immigrati

Rete wrote:
>> >> >> > hi thanks for the response ,well i came here yes but i was
>> >> >> > going
>[quoted text clipped - 25 lines]
>> married .thats what its for if your already in the usa .i still dont
>> understand
>
>In your case, the I-130 is the petition that a US Citizen files asking
>for an immediate relative visa for their spouse. Without this, then the
>spouse has no basis for filing the I-485 for permanent residency. They
>go hand in hand.
>
>And Rene explained, the I-130 can be used in two ways, either by the USC
>whose spouse is residing outside of the US or by the USC whose spouse is
>residing inside of the US and wishes to apply for PR status. You call
>into category 2 (as does your son).
>
>Your husband will file and I-130 for you and another I-130 for your son.
>You will file and I-485 for yourself and another I-485 for your son.
>
>Every petition that is filed by you for yourself, you duplicate for your
>son with the exception of the fee for biometrics (not required if under
>the age of 14) and perhaps an I-765 for employment authorization.
>Although note your son will not be eligible for a social security
>number/card without the employment authorization. He will be eligible
>to apply for one after he is a PR, however. Note that your son will
>need a social security number if your husband/his step-father wishes to
>claim him on his federal/state income taxes.
>
thanks for clearing a few things . we are rite now disussing our options
here .well one is to go ahead and file the I-130for me and my son.along with
the 1-485 .and seeing what happens from there .but also we are talking about
me going back home and my husband filing the forms then entering with the
prpoer visa's this is a hrd decision as we both do not want to be apart again
and as fro my son well he will have to be pulled out of school here and put
back in school in canada .due to my divorse a year ago .the poor kid has been
dragged around to 5 different schools already and we dont think its a good
idea to be meesing him up like this . really unsure what to do as i have no
proof of my intent of returning home as i diddnt have a job or my own house .
also due to my divorse .we have an appointment with an immigration officer on
friday to dicuss our options so i guess we wil decide from there what is our
best route.thanks again

Noorah101

Is your appointment with an immigration officer at USCIS, via an Infopass appointment? You'd be better off speaking to an immigration attorney, really. Just remember that USCIS is not held responsible if the immigration officer gives you the wrong information (for example, if she says go ahead and AOS, and then your AOS is denied for some reason...you can't use the excuse that the officer's advice was faulty). Strange but true.

Of course an attorney might give you wrong information as well, but you can at least pay him to appear at your interview so he can step in and steer your case to a more successful outcome.

Rene