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Help! About to marry Canadian w/ expired work permit!

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Help! About to marry Canadian w/ expired work permit!

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Old Oct 11th 2006, 12:32 am
  #1  
Journey Max
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Default Help! About to marry Canadian w/ expired work permit!

I can't find an answer to this question and thought I'd ask ya'll before getting an immigration laywer.

I'm a US born citizen engaged to a Canadian. His work permit expired about 2 years ago so he is here illegally. We were planning on being married next month, but then I started looking into how he can become a US citizen. He is trying to get another work permit before we get married, but does he need to? I know it's probably the correct thing to do, but will the marriage to me "overshadow" his working illegally?

He came into the country legally and had work permits for 2-3 years in a row. Then let them lapse. Any help is appreciated!!!

Thank you!!.

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Old Oct 11th 2006, 12:54 am
  #2  
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Default Re: Help! About to marry Canadian w/ expired work permit!

Google is your friend:
http://groups.google.com/group/alt.v...rch+this+group


journey max wrote:
    > I can't find an answer to this question and thought I'd ask ya'll before getting an immigration laywer.
    > I'm a US born citizen engaged to a Canadian. His work permit expired about 2 years ago so he is here illegally. We were planning on being married next month, but then I started looking into how he can become a US citizen. He is trying to get another work permit before we get married, but does he need to? I know it's probably the correct thing to do, but will the marriage to me "overshadow" his working illegally?
    > He came into the country legally and had work permits for 2-3 years in a row. Then let them lapse. Any help is appreciated!!!
    > Thank you!!.
    >
    > ---
    > posted via:
    > http://www.visaforyou.org/eng/
 
Old Oct 11th 2006, 12:56 am
  #3  
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Default Re: Help! About to marry Canadian w/ expired work permit!

Originally Posted by Journey Max
I know it's probably the correct thing to do, but will the marriage to me "overshadow" his working illegally?
He'll have difficulty getting a work permit when he currently has no status in the US. But, since you ask, illegal work/time in the US is usually forgiven for the spouse of a US citizen. Since he's accumulated so much bad time in the US, he should not leave the US under any circumstances until he has a green card in his hand. If he does leave, he'll be immediately subject to a 10 year ban - and that is not something that can be waived! He should probably not bother applying for Advance Parole, because even if it's approved, he's still subject to the ban if he chooses to use it.

Ian
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Old Oct 11th 2006, 1:01 am
  #4  
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Default Re: Help! About to marry Canadian w/ expired work permit!

Dang Canadians I tell ya!
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Old Oct 11th 2006, 1:13 am
  #5  
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Default Re: Help! About to marry Canadian w/ expired work permit!

Also, if he overstayed by more than 180 days, he shouldn't do anything
until he files the I-485. (actually, applying for anything before the
I-485 would put him under the radars of Homeland Security, and put him
at risk of deportation ; he is legally here again once he files the
I-485, but not if he files any other form)

If he leaves, he'll accrue a ban of 3 or 10 years (if he overstayed by
more than a year).

The last thing to do would be to go to the border to apply for a TN, in
that case, he'll likely be stuck in Canada.

If he indeed overstayed by more than 180 days, he should not leave the
US under any circumstance until he gets the green card. Don't apply for
an advance parole, since he would be unable to use it.


journey max wrote:
    > I can't find an answer to this question and thought I'd ask ya'll before getting an immigration laywer.
    > I'm a US born citizen engaged to a Canadian. His work permit expired about 2 years ago so he is here illegally. We were planning on being married next month, but then I started looking into how he can become a US citizen. He is trying to get another work permit before we get married, but does he need to? I know it's probably the correct thing to do, but will the marriage to me "overshadow" his working illegally?
    > He came into the country legally and had work permits for 2-3 years in a row. Then let them lapse. Any help is appreciated!!!
    > Thank you!!.
    >
    > ---
    > posted via:
    > http://www.visaforyou.org/eng/
 
Old Oct 11th 2006, 1:31 am
  #6  
Journey Max
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Default Re: Help! About to marry Canadian w/ expired work permit!

Thank you Olivier. We would file the petition for alien relative at the same time? He wouldn't be able to travel outside the US until when?

thank you so much for your help!.

---
posted via:
http://www.visaforyou.org/eng/
 
Old Oct 11th 2006, 1:47 am
  #7  
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Default Re: Help! About to marry Canadian w/ expired work permit!

He'll be able to travel once he gets the green card or the equivalent
passport stamp (i.e. when the I-485 is approved).

My guesstimate would be that it's gonna take about 6 months. However,
it can take anywhere between 3 months and 2 years.

Some people go to https://egov.immigration.gov/cris/jsps/ptimes.jsp and
look up their District Office processing time and then assume that if
the office is currently adjudicating cases that are 11 months old, then
it should take them about 11 months to process their application. You
should realize that even if it may be a more precise guesstimate, that
remains a guesstimate nonetheless.

You can find all immigration forms at
http://www.uscis.gov/graphics/formsfee/forms/index.htm
The I-485 is available at
http://www.uscis.gov/graphics/formsfee/forms/i-485.htm

Another cool (but nonofficial) website is http://visajourney.com

Finally, I saw that you spoke about US citizenship in your first post.
You should realize that he'll apply to become a permanent resident
(i.e. green card holder). He'll only be able to apply for US
citizenship 3 years down the road.
But for the most part, he'll have the same rights as US citizens during
his everyday life while in the US.

journey max wrote:
    > Thank you Olivier. We would file the petition for alien relative at the same time? He wouldn't be able to travel outside the US until when?
    > thank you so much for your help!.
    >
    > ---
    > posted via:
    > http://www.visaforyou.org/eng/
 
Old Oct 11th 2006, 1:58 am
  #8  
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Default Re: Help! About to marry Canadian w/ expired work permit!

And, yes, you would file the petition for alien relative (I-130) at the
same time.

Please check the USCIS website.

The form I-485 (and related forms):
http://www.uscis.gov/graphics/formsfee/forms/i-485.htm

How Do I Become a Lawful Permanent Resident While in the United
States?:
http://www.uscis.gov/graphics/howdoi/legpermres.htm


journey max wrote:
    > Thank you Olivier. We would file the petition for alien relative at the same time? He wouldn't be able to travel outside the US until when?
    > thank you so much for your help!.
    >
    > ---
    > posted via:
    > http://www.visaforyou.org/eng/
 
Old Oct 11th 2006, 2:17 am
  #9  
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Default Re: Help! About to marry Canadian w/ expired work permit!

Btw, they have this cool thing in Dallas (but you have to live in their
district), thru which you would apply directly at the district office.
In that case, they aim at adjudicating the case within 90 days.

journey max wrote:
    > Thank you Olivier. We would file the petition for alien relative at the same time? He wouldn't be able to travel outside the US until when?
    > thank you so much for your help!.
    >
    > ---
    > posted via:
    > http://www.visaforyou.org/eng/
 

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