Please help - US immigration questions

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Please help - US immigration questions

Postby bart1 on Sun May 13, 2007 8:45 am

HI ,i met my wife in canada while she was visiting ,we married in canada she lived with me for 2 years ,so last christmas we came down to visit her parents in the usa and decided to stay in arizona ,in april i filed to adjust status and for work permit,just recently did my fingerprints ,does any 1 know if il be getting a teporary social security right away so i can work or i will have 2 wait till the interview,also we drove down here will i have problems with my vechecle cause it will be 6 months since its over the border? i cant realy drive 2 the border cause if i do apperently all my immigration paper work gets canceled.
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Postby Reba on Tue May 15, 2007 3:46 pm

I'm not even sure your Adjustment of status would be approved, considering you were married in Canada, lived there for 2 years, and then just up and decided to move to the US. It doesn't quite work that way.

Currently you have no legal status other than visitor, (that's questionable even) and therefore are not eligible for a social security number. Ergo, no SSN, no job, and no driver's license or state tags/plates (unless the title/ownership to the car is in your wife's name). *IF* they approve your EAD (employment authorization doc), *then* you can go apply for your SSN.

And yes, if you leave the country, they will assume you have abandoned your application and will not let you back in. You could apply for Advance Parole, but it may not be granted, and as you are currently adjusting from visitor status, you are technically overstaying, and actually using an AP is not recommended, even if they give it to you.

You're in a pickel a'right.
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Postby bart1 on Thu May 17, 2007 5:24 pm

thanx 4 the answear,so preety much being married to a usa citizen dont even help my chances being here .
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Postby Reba on Fri May 18, 2007 3:30 am

well, yes and no.

[u]IF[/i] you had married in the US and decided to stay, then your overstay would have been excused. But, because you entered for a visit, and you were already married and your wife has status in Canada, USCIS may or may not excuse it. I'm guessing not.

Have you spoken with an immgration lawyer? Most will give you a one hour consult (or so), some for free, some for nominal charge.
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Postby bart1 on Fri May 18, 2007 11:36 am

sorry for leaving this out but we did get married in the usa also in february,i got help applying for all this through catholic services ,but the lady that helped file she said that we should use marriage certificate from canada not the usa,so im not sure if i was missleaded now.when i asked why cant we use usa cerificate she said that it looks better to use canadian one ,and somethin about cause we got married in a church here it dont look as good as gettin married through a justice of piece.
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Postby Reba on Sat May 19, 2007 4:43 am

well that's about the craziest dang thing I've heard.

There is NO basis of adjusting status on a marriage that took place in Canada. None. Not unless you were going for a K3 visa, with your spouse living in the US and you waiting in Canada for the processing to complete. Had you both stayed (or returned to Canada after your holidays), you could even have applied there at the US Consulate in Montreal for direct consular filing of a CR1/IR1 (green card).

To just pick up and move to the US and apply to adjust status based on a marriage that took place in Canada.I'm sorry, but I just don't think its going to work.

I strongly suggest you seek an immigration lawyer. The Catholic Services may be quite generous with their suggestions, but they obviously do not know immigration law.
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Postby shaadi on Fri Sep 26, 2008 12:21 am

bart1 wrote:sorry for leaving this out but we did get married in the usa also in february,i got help applying for all this through catholic services ,but the lady that helped file she said that we should use marriage certificate from canada not the usa,so im not sure if i was missleaded now.when i asked why cant we use usa cerificate she said that it looks better to use canadian one ,and somethin about cause we got married in a church here it dont look as good as gettin married through a justice of piece.
You could apply for Advance Parole, but it may not be granted
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