Came to the U.S. to visit 3 years ago, married a USC, AoS

[Kittyfang]

Hi guys!

This is my first time posting, but I've been reading the forums. I don't think I've seen anything that could help me stop being so afraid, so I would like to write up my story and hopefully, someone help me.

I am a Canadian Citizen, in 2006 I met my (now) husband online. We had an "online relation" for about 6 months, then we decided to meet in person.

In Feb. 2007, I came to visit for a week. Things went very well. When I went back home, I was told that my services, at my job, were not going to be needed. I spoke with my (then) boyfriend, and we decided I should just see this as an extended vacation and come back to the U.S. for 2-3 months. Clear my head, then we could figure out what to do. (At this point, our intention was just to spend time together, nothing more. I would also like to say that I've been advised that, when I do file for AoS and get an interview, I should not mention that I came here for a week, left, then come back. The big problem with this (and the biggest part of my fear) is that USCIS will see this as me, coming over with intent to marry. I didn't have a job anymore, the place I lived at was pay my month. These facts do not look good. So. Question #1 is, after being out of status for 2.5 years, will the interviewer even ASK what my intents were? You would think, if I came here to marry, I would have done so right after I crossed the border. OR, are they more worried that we have a legitimate marriage?

Moving on. Fast forward 3 months and we know we want to spend the rest of out lives together. We start talking about marriage. We're young and dumb and in love and we don't really look up immigration procedures. We set a date, in Sept. (that is exactly 6 months after I came over, just a coincidence). We get married. Then we start looking up the procedures... and Cringe. We realize it takes a lot of money. Medical, paperwork... about 2k. Thing is 2k, is about 1/5 of my husband annual salary. So, I call USCIS and asked them how long I can be here while we get money together. The lady tells me "as long as you want, but of course, you're out of status, so the faster you file, the better".

Fast forward 2.5 years, I have been out of status for 2.5 years. We are married and yes it is a legitimate marriage.

So, here are my questions.

1. After 3 years, will they even ask about intent to marry? (I have been told that if I can show ties to Canada, they might not. Before leaving, I had spoken with my sister and I was planning on moving in with her when I came back. If I get an affidavit from her, would that do?)... Also have been told that they might not even ask about it, seeing as I am a Canadian Citizen, they will assume that what I told CBP was the truth, or the agent would not have let me come into the U.S.

2. Mmm I taught I had more, but I guess that's really it. I have been told that, apart from a detail or two, my case is pretty straight forward and that if I can prove the legitimacy of our marriage, I should have no problem.

[agnelson]

Mmm, You're kidding right?

Intent to marry as a tourist is the least of your problems. You are here illegally, and have been for several years. Even a tourist has to maintain status.

Go see a lawyer. The legitimacy of your marrige is not the issue, it's the legitimacy of your even being in The US that is more crucial, and cannot necessarily be waved away by your marriage.

When the CIS said the "faster the better", they also implied, "the slower the worse". You chose the slower, so now expect the worse.

Even married people get deported. Seriously. And if you worked even one day during this time, I'd almost guarantee you'll be kicked out.

Just so you know, if you had decided to follow correct procedures, you probably would not have been alllowed to move to US, given your spouse's near-poverty status, so if you do get kicked out, don't feel to bad... you had a couple of good illegal years.

Did I mention to go see a lawyer?

[Kittyfang]

No see, just because I'm out of status and poor, doens't mean I'm dumb. I've done my research. You haven't, apparently.

An AoS (Adjustment of Status) does just that. It ADJUSTS your STATUS, when you are OUT OF STATUS.

1. The legitimacy of me being here has nothing to do with it. Once married, USCIS looks into the legitimacy of the marriage. And even, (as my original post hinted heavily on) the legitimacy of the visit.

2. As for the over stay, and even working. Should the AoS be approved, these two things are "forgiven" by USCIS.

As for lawyers, no thank you. I did speak to some, and they didn't even know that Canadians do not usually get I-94.

**edit

As for my husband's salary, again, a little bit of research would have shown you that should HIS financial situation not meet USCIS's expectations, we can find a CO-SPONSOR.

Keep in mind, people looking for information, are looking for correct and reseached information.

[agnelson]

Adjustment of status, means adjusting from "NON-immigrant" to "immigrant". Not "illegal" to "immigrant". Otherwise all mexicans would file AoS, no?

You are not in a non-immigrant status, so you cannot so easily adjust.

And you could have always used a co-sponsor anytime in the last 3 years, so how;'s that coming along...

But, perhaps you could research somewhere else...

[Kittyfang]

Accually, I did research. Me being here pass the 6 allowed months (and married) means that I am out of status. Yes, it is illegal, however, that is what the AoS aims to correct.

As for Mexicans, as you mention, well, never mind the blatant racist bias, but yes, some do use AoS as well.

[Dremani]

agnelson wrote:
Mmm, You're kidding right?

A huge LOL. Wow!

Hi Kittyfang,

Unfortunately for you agnelson is right. (ag I don't mean that in a negative way, I'm sure you get what I meant..lol)

You are out of status and cannot file for adjustment of status as an undocumented immigrant. AOS can only be filed prior to any expiration dates on your I-94. It's been 2.5 years. You are now considered an illegal alien/immigrant.

If I were in your situation, I would definitely seek legal advice or better yet seek representation for your cause. You are going to need it. I know you mentioned that lawyers are unfavourable but honestly, you should search for a good one and just conjure up the money for the costs wherever you can find it.

I used to work in international relations as an F-1 student at a local college here in Miami and have heard of some miracles happen with students who have been illegal for years and were able to stay based on their options. There may not be many options for you but through good advice it doesn't hurt to try. Or you could go back to Canada, take your hubby with you and find a good job, then sponsor him while he is there although the process will take a long time.

Just please be realistic with your circumstances here. It's not as easy as you're making it to be. Once you overstay your visa, the road gets tough from there.

[Kittyfang]

No, again, you are assuming I am here on a Visa. Canadians fall into a different category, it's not even a VWP.

But, no offense, I will stay the course and believe what I was told by: people who went trough the same thing (some with even longer overstay), some who ARE going trough it as we speak, people from immigration community center, etc..

[Dremani]

Canadian Citizens do not need visa's and you are right. However, our passports get stamped and there is a date within the stamp that tells you when you have to be out of the U.S. by.

YOU ARE OUT OF STATUS. YOU CANNOT ADJUST. TRUST ME I KNOW!

At this point you will need a lawyer. you cannot just file the papers and think they will be approved given your circumstances. A good certifiable lawyer will know better you and your husbands options. Do you have to stay in the United States? Why not go back to canada with your spouse for a while, you sponsor him, then try to come back into the U.S. lateron?

I commend your optimism but really, its not that simple. It really, really isn't. Not when you have overstayed by that length of time.