Doozy of a question....
Jul 14th 2002, 11:20 am
#1
Guest
Posts: n/a
Doozy of a question....
Posted this to alt.immigration.usa..reading some of the posts, I figured I'd get a
better reply here...
To keep the background brief: I was married to my wife (US Citizen) two years ago. A
year later we had to move back to Canada for reasons that I'd rather not get into. We
now want to move back to the US. She hasn't yet gone to college and it would
basically fall to me to support myself and her if we were to move back. Is there any
way that this can be done, or are we up the creek, no paddles and the canoe's been
eaten by ravenous beavers?
Thanks in advance.
Matt
better reply here...
To keep the background brief: I was married to my wife (US Citizen) two years ago. A
year later we had to move back to Canada for reasons that I'd rather not get into. We
now want to move back to the US. She hasn't yet gone to college and it would
basically fall to me to support myself and her if we were to move back. Is there any
way that this can be done, or are we up the creek, no paddles and the canoe's been
eaten by ravenous beavers?
Thanks in advance.
Matt
Jul 14th 2002, 12:20 pm
#2
Guest
Posts: n/a
Re: Doozy of a question....
Matt Baillie wrote:
> To keep the background brief: I was married to my wife (US Citizen) two years ago.
> A year later we had to move back to Canada for reasons that I'd rather not get
> into. We now want to move back to the US. She hasn't yet gone to college and it
> would basically fall to me to support myself and her if we were to move back. Is
> there any way that this can be done, or are we up the creek, no paddles and the
> canoe's been eaten by ravenous beavers?
>
If she is not going to work, then you will have to have a co-sponsor in addition to
your wife's sponsorship.
Alvena
Doc Steen Site: http://www.mindspring.com/~docsteen/...o/visainfo.htm
=========================================
I am not a lawyer and this is not immigration advice. This is my personal opinion,
gleaned from the previous postings of others, and posted for the purpose of
discussion only. If your case is complicated, then you may need an immigration
attorney. Locate an immigration attorney in your area at: http://www.aila.org
=========================================
> To keep the background brief: I was married to my wife (US Citizen) two years ago.
> A year later we had to move back to Canada for reasons that I'd rather not get
> into. We now want to move back to the US. She hasn't yet gone to college and it
> would basically fall to me to support myself and her if we were to move back. Is
> there any way that this can be done, or are we up the creek, no paddles and the
> canoe's been eaten by ravenous beavers?
>
If she is not going to work, then you will have to have a co-sponsor in addition to
your wife's sponsorship.
Alvena
Doc Steen Site: http://www.mindspring.com/~docsteen/...o/visainfo.htm
=========================================
I am not a lawyer and this is not immigration advice. This is my personal opinion,
gleaned from the previous postings of others, and posted for the purpose of
discussion only. If your case is complicated, then you may need an immigration
attorney. Locate an immigration attorney in your area at: http://www.aila.org
=========================================
Jul 14th 2002, 5:20 pm
#3
Guest
Posts: n/a
Re: Doozy of a question....
What was your status when you were here for the year of marriage? Could you come
under Nafta? If you want to come as a resident or under a K-3 visa you could try to
find someone else to co-sponsor you. Perhaps her parents or a good friend.
under Nafta? If you want to come as a resident or under a K-3 visa you could try to
find someone else to co-sponsor you. Perhaps her parents or a good friend.
Jul 14th 2002, 5:20 pm
#4
Guest
Posts: n/a
Re: Doozy of a question....
"Marc Sil" <[email protected]> wrote in message
news:[email protected]...
> What was your status when you were here for the year of marriage?
Umm...at a guess...illegal We originally just planned a 3 week "vacation", but it
turned into an impromptu wedding...
> Could you come under Nafta?
If I could find a position with my company, more than likely..but I'd have to read up
on the requirements..
> If you want to come as a resident or under a K-3 visa you could try to
find someone else to co-sponsor you. Perhaps her parents or a good friend.
Her parents were the "reasons I'd rather not get into" so, they're out of the
question. We do have some friends in the general area of where we'd like to be
(Greenville, SC), but I don't think that I could impose on them like that.
Rock. Me. Hard place?
Matt
news:[email protected]...
> What was your status when you were here for the year of marriage?
Umm...at a guess...illegal
We originally just planned a 3 week "vacation", but itturned into an impromptu wedding...
> Could you come under Nafta?
If I could find a position with my company, more than likely..but I'd have to read up
on the requirements..
> If you want to come as a resident or under a K-3 visa you could try to
find someone else to co-sponsor you. Perhaps her parents or a good friend.
Her parents were the "reasons I'd rather not get into" so, they're out of the
question. We do have some friends in the general area of where we'd like to be
(Greenville, SC), but I don't think that I could impose on them like that.
Rock. Me. Hard place?
Matt
Jul 14th 2002, 6:11 pm
#5
Concierge
Joined: Apr 2001
Posts: 46,392
Re: Doozy of a question....
Hi Matt
Yes it would appear you are between that rock and hard place. First off, you mention your wife has not yet been to college. Not that a college education makes any difference but I would assume this means that you are both young (her in particular) and that she has not worked in the past and therefore has no "career" options available at present to financially sponsor you for a resident visa into the US. And therein lies the major stumbling block.
The US Consulate does not want to keep its citizens out of their country nor their spouses if they are morally and medically fit for life in the US. Same with your country btw. They do require that you are sponsored financially by someone who has demonstrated fiscal financial security for the last three years. This means that they must meet the federal government's poverty guidelines for a family their size, plus yourself, plus an additional 125% of the guidelines. A ballpark figure would be for a family of two $14,500 annually. The figure escalates with each family member.
There are several ways to do this:
1. As a spouse and having lived in the household for over six months, your income is useable. Since, however, you reside in Canada and work in Canada, you will have to demonstrate that you have found employment in the US which will start as soon as long are granted a visa. This could be a transfer from your present company or you can perhaps find employment through resumes online. The later is difficult because of interviewing and not having a particular date when you would be able to receive an approved spousal visa.
2. Assets five times the 125% of the poverty guidelines for a family your size. That would be for two people approximately $75,000 US.
3. Co-sponsorship by a family member, friend, business associate or the man in the moon. As long as they are a citizen or permanent resident of the US and meet the financial requirements you can use them.
4. If you are academically able, perhaps you can get an H-B1 visa to work in the US which will allow you to return. Not sure if you can use the TN-1.
Another stumbling block for you is your illegal stay in the US. You were allowed here for six months. Not for a year or more at one time. If this is known to the INS then you may face a ban for overstay. Also true if you worked using fraudulent documentation, i.e. green card, work permit or social security card.
Rete
Yes it would appear you are between that rock and hard place. First off, you mention your wife has not yet been to college. Not that a college education makes any difference but I would assume this means that you are both young (her in particular) and that she has not worked in the past and therefore has no "career" options available at present to financially sponsor you for a resident visa into the US. And therein lies the major stumbling block.
The US Consulate does not want to keep its citizens out of their country nor their spouses if they are morally and medically fit for life in the US. Same with your country btw. They do require that you are sponsored financially by someone who has demonstrated fiscal financial security for the last three years. This means that they must meet the federal government's poverty guidelines for a family their size, plus yourself, plus an additional 125% of the guidelines. A ballpark figure would be for a family of two $14,500 annually. The figure escalates with each family member.
There are several ways to do this:
1. As a spouse and having lived in the household for over six months, your income is useable. Since, however, you reside in Canada and work in Canada, you will have to demonstrate that you have found employment in the US which will start as soon as long are granted a visa. This could be a transfer from your present company or you can perhaps find employment through resumes online. The later is difficult because of interviewing and not having a particular date when you would be able to receive an approved spousal visa.
2. Assets five times the 125% of the poverty guidelines for a family your size. That would be for two people approximately $75,000 US.
3. Co-sponsorship by a family member, friend, business associate or the man in the moon. As long as they are a citizen or permanent resident of the US and meet the financial requirements you can use them.
4. If you are academically able, perhaps you can get an H-B1 visa to work in the US which will allow you to return. Not sure if you can use the TN-1.
Another stumbling block for you is your illegal stay in the US. You were allowed here for six months. Not for a year or more at one time. If this is known to the INS then you may face a ban for overstay. Also true if you worked using fraudulent documentation, i.e. green card, work permit or social security card.
Rete
Jul 15th 2002, 8:35 am
#6
Joined: Apr 2002
Posts: 35,082
Re: Doozy of a question....
Originally posted by Rete
...if they are morally and medically fit for life in the US.
...if they are morally and medically fit for life in the US.
mo
