racerfb

I am a uk. citizen living in the usa for the past 25 years,( except for a brief trip back to england in 94) was caught for over extending my visa back in 96, I got married before my court date and when went to court the judge granted me legal residencey. During the next process while waiting for my green card, my wife wanted a divorce (we were married for 3 years), it got ugly and she took to writing letters to the INS saying it was a marriage of conveniance and withdrew her petition without me or my lawyer knowing. After we divorced we moved back in with eachother and lived together for 13 years platonically. In 2006 my lawyer recieved an email fromthe INS saying they had deported me back to the uk. (obviously that didn't happen). My ex wife had forgotten what she had done and blamed it on her being upset at the time. I am now waiting for the government to re-open my case, my lawyer has no idea when this will happen, until it does I really do not exist in the governments eyes.
Here is my dilemma, in 2009 I met my canadian girlfriend while she was visiting the USA, since then I have flown her over here for several trips for the last 2 years. We now want to get me to canada to live together, she has 2 young children but has never been married, we want to get married and live together as a family. Any help or suggestions would be appreciated, she is 43 I am 47 ( not that that makes a difference)

AmerLisa

So do you have a green card? Do you have legal status here? How have you been working all these years?

racerfb

i was granted legal status when i first went to court after getting married, given ssc number then waited for green card, my lawyer kept resubmitting paperwork as the government were taking there time in issueing it. As my post says the government told me i was deported back to the uk, but that didn't happen. I have been waiting for the Ins to reopen my case for 2 years now, until it is opened my lawyer told me to sit still. I have worked legally here for 12 years, i guess.

AmerLisa

Interesting.... Sorry, no advice just thought it needed to be clarified.

ian-mstm

I'm not sure what the problem is. She needs to petition you for a visa. Once you get the visa, you go.

Here's a thought though... what proof do you have of your current status in the US?

Something else... is your UK passport still valid? Not expired?

I'm sure your lawyer wants you to sit still because he's trying to ensure you're able to stay in the US without problems... but if you're now planning on moving to Canada, then what the lawyer wants really isn't relevant anymore.

Ian

Bob

Move to Canada...easy, do what ever they require for the visa.

Why waste time and money trying to stay in the US if you aren't interested? It'll be expensive.

AmerLisa

Maybe he's got good health insurance?

racerfb

no life insurance, just in love and need advice

Yorkieabroad

So you're waiting for your case to be reopened so that your legal situation in the US can be confirmed, given that your wife at the time of the divorce sent a letter claiming marriage of convenience which she is now recanting. Proof of the inaccuracy of that letter being the fact that you lived together for 13 years after the divorce. If that is the case, arent you going to need your ex-wifes cooperation in confirming that? How likely is she to do that if she finds out you are about to go to Canada to be with a different lady?

Rete

So you don't have a green card. Since you were married less than 2 years when the judge adjudicated your status to CPR, you had conditions on that green card which you never received in the mail. In order to maintain that status you needed to remove the conditions with 90 days of the expiration of the green card (which would have been two yrs from the date the judged adjudicated the status). If you didn't apply to remove the conditions (which needed to be done with or without physical possession of the card) then your status as a permanent resident was abandoned and USCIS ordered you to be deported.

So if you want to move to Canada with your new love, then just up and move sticks after she has done the correct immigration process for you to live and work in Canada.

fatbrit

Writ of mandamus.