Jancunuck

My husband and I are both Cdn, professionals, middle age, led "squeaky clean" lives. We met over 20 years ago and have been great friends. We both travelled extensively with our jobs. Our situations changed 2 years ago and we married. I ended my career at that time and we were lucky we could afford to do this. We are crazy about each other. So why complain?
Almost 5 years ago my husbands company transferred him to the US. Being a green card holder, we discovered it would take 5-6 years before we could live together in the US. The other option was for him to become a US citizen and go the K3 route. This time frame was still about 4 years in total from our marriage. (We have just started his naturalization). Our legal advisors have suggested we not commence a I-130 for me as this may make it more difficult for me to visit. They have also suggested I not volunteer that I am married when I visit (I did this once and don't advise it - I had a bad experience - I now say I am visiting my husband) I do own a home in Canada and have never overstayed.
For the first time in my life, I feel like a criminal and my only crime is getting married. Something is wrong with a system that promotes importing excutive talent but places unrealistic restraints on their personal lives. This system promotes visa overstays and being untruthful at the borders. As bad as our situation is, I know we are luckier than many of you due to our economic situation, less distance and less border scrutiny.
Thanks for letting me vent - I promise it will be the last time.

Andy Platt

"Jancunuck" <member@british_expats.com> wrote:

    > may make it more difficult for me to visit. They have also suggested I
    > not volunteer that I am married when I visit (I did this once and don't
    > advise it - I had a bad experience - I now say I am visiting my husband)

That doesn't make sense. I guess you meant to say you "I am visiting my
friend".

    > For the first time in my life, I feel like a criminal and my only crime
    > is getting married. Something is wrong with a system that promotes
    > importing excutive talent but places unrealistic restraints on their
    > personal lives. This system promotes visa overstays and being
    > untruthful at the borders. As bad as our situation is, I know we are
    > luckier than many of you due to our economic situation, less distance
    > and less border scrutiny.

It is stupid that if you are already married the spouse gets a GC (obviously
that part isn't stupid) but if you get married you aren't treated like an
immediate relative but, I guess you went into it knowing the rules. Congress
had a chance to fix this in 2000 and elected not to (and created the V visa;
it's an appropriate symbol if you know British hand gestures because it
basically said, yup we see your problem but we're going to do squat about it
because you can't vote!).

    > Thanks for letting me vent - I promise it will be the last time.

I bet it won't be but perhaps you can promise it will be the last time until
you come to file the paperwork and need to vent then!

Andy.

--
I'm not really here - it's just your warped imagination.

Hypertweeky

Hey there

I am so sorry about your situation!!, I wish I could do something to help you, but hey theres gotta be something to do, what do our lawyer friends think??. If you need someone to talk to.. contact me via email, messenger.. it is all on my profile. I will be praying for you!!.
Good Luck!!

Jancunuck

Thank Andy! Actually I didn't make a mistake in now saying I visit my husband. The first time I did say I was visiting a friend (as many people do) and got caught in the lie (obviously I'm not good at it) I confessed to the second official that I was indeed married. After he satisfied himself I had never overstayed or worked in the US he let me through. I was very lucky as he was within his rights to deny me entry and cause us major problems due to my lies.

I now honestly say I am visiting my husband with no plans to currently immigrate. I carry documentation on my ties to Canada and fortunately I have not yet had a problem with the truth.The consquenses of telling the truth is the lesser of 2 evils.

Future venting?? LOL - I can't wait to start the rest of the paperwok!

Andy Platt

A lawyer is going to be able to list the options which are:

a) Wait for him to get citizenship and apply
b) File the I-130 now (she gave a good reason why not to do that; there are
other reasons too like having to get it transferred from the service center
once he becomes a citizen which will almost certainly happen prior to the
I-130 being approved).
c) Find some way for her to come on her own merits. That's probably not an
available solution in her circumstances.

Perhaps you were thinking that she had just got bad advice and there was a
way for a spouse of a permanent resident to come here to live while waiting
for the PD date to arrive? There isn't any except for the V visa which is
only available to those who had been waiting three years at Dec. 15th 2000.
Or, as I mentioned, if they could get an H-1B or similar visa to come and
work on their own merits.

Andy.

--
I'm not really here - it's just your warped imagination.

"Hypertweeky" <member@british_expats.com> wrote in message
news:[email protected]...
    > Hey there
    > I am so sorry about your situation!!, I wish I could do something to
    > help you, but hey theres gotta be something to do, what do our lawyer
    > friends think??. If you need someone to talk to.. contact me via email,
    > messenger.. it is all on my profile. I will be praying for you!!.
    > Good Luck!!
    > --
    > Posted via http://britishexpats.com

James Mars

Consider your venting heard. Why we allow things like this to exist is beyond me? We continue to punish compliance and honesty and then heap rich rewards on people that ignore the system. All we can do is not miss our opportunities to do the right thing for someone else. B. F. Skinner is rolling in his grave.

Hebapotamus42

I thought that the spouse of a beneficiary is eligiblefor a following-to-join benefit if they were married before the petition is filed. Am I correct in understanding that you were both married before yoru husband was offerred this employment?

Leslie

Who is B.F. Skinner?

Hebapotamus42

He's the father of the theory of operant conditioning - behaviors are influenced b positive and negative reinforcement. I guess what this poster is trying to say is that the systemis so illogical; it rewards those who break the law and punishes those who abide by it.

Jancunuck

Unfortunately, he was transferred to the US 3 years prior to us being married - so follow to join is not an option.

Cdns and Americans sometimes are naive in recognizing our borders. We enjoy the priviledge of visa exempt travel between countries, for the most part. Our cultures and language parellel in many ways. I heard a great US comedian the other day impersonating Pres Bush - he suggested that one way to raise funds for the US was to sell Canada. This joke would be enjoyed on both sides of the border and is a reflection of how tied our countries are.

Our situation has certainly been a very real reminder that we are indeed 2 seperate nations

Hebapotamus42

He was transferred 3 years before you were married. Is that also when the petition was filed on his behalf?

Jancunuck

He received his green card 3 years prior to marriage. Before that he was transferred on an intercompany visa. The company wished him to remain permanently in the US to run that operation so he adjusted to green card.

Leslie

Gotcha. Thanks Heba.

Leslie

ironporer

OK- here's what you do:
1) Cross the border illegally
2) Buy a fake green card and social security card (readily available for $300 for the pair)
3) Get a job in landscaping, beef/chicken processing or other similar industry
4) Get pregnant and have the baby on US soil
5) Through the Catholic church, join the Immigrant Workers Freedom Ride, and drive throughout the US complaining about your situation (being illegal) and demanding that there be an amnesty for all "Undocumented Alien Workers" allowing them to stay forever.

Oh, I'm sorry- you're from our NORTHERN neighbor... our biggest ally and sister country, shared language and culture.....oops, sorry- you're screwed.

Andy Platt

"James Mars" <member@british_expats.com> wrote in message
news:[email protected]...
    > Consider your venting heard. Why we allow things like this to exist is
    > beyond me? We continue to punish compliance and honesty and then heap
    > rich rewards on people that ignore the system. All we can do is not
    > miss our opportunities to do the right thing for someone else. B. F.
    > Skinner is rolling in his grave.

Who's the "we" in the "Why we allow"? The reason that spouses of GC holders
can be treated like this is because GC holders can't vote and members of
congress don't take a longterm view that perhaps they will be able to vote
some day! So you would have to rely on "we" being ordinary citizens who, has
been mentioned before, largely don't give a damn.

Andy.

--
I'm not really here - it's just your warped imagination.