Am I allowed to stay while applying for GC ?

[matthew2582]

I am a Canadian, married for over three years to a US citizen. My wife and I were living and working in Atlanta when we married - I was here on a TN1 at the time.

We then decided to return to Canada, where my wife had obtained her Canadian Permanent Resident Status. We lived and worked in Canada for two years and then decided to return to the US, where my wife had been offered a very good job.

So we returned to the US in June of 2004 and I am here with her - I guess - as a 'tourist'. She works here, we have a house and are filing our I-130, I-864, I-485 etc paperwork for my Greencard.

We were not formally interviewed at the Niagra border control - in fact, we were just waved through !

My question is this - is it ok for me to remain here with my wife during the process of filing our paperwork ?

Thank you

Matthew Therrien

[usnycus]

Looks like you need K3 visa.

Check following Link:

http://travel.state.gov/visa/tempvis...canadians.html

[GeorgeF]

And after you file your paper, get an AP and most importantly:
When you will travel back to the US, ALWAYS, ALWAYS get a stamp at the border.

[matthew2582]

Originally Posted by GeorgeF

And after you file your paper, get an AP and most importantly:
When you will travel back to the US, ALWAYS, ALWAYS get a stamp at the border.

What is an AP ? And I am not travelling "back to the US" - I am in the US.

What is the significance of 'getting a stamp at the border' ?

Many thanks

Matthew

[GeorgeF]

AP is advanced parole.

From your post I gather you already understand many things. (Being on TN1 and mentioning that you were a "tourist". I guess you are right here)


Now a little reality... this guy I know came to the US, married an American girl, they filed the papers etc. But before they were married he was already in the US, not only he overstayed, he also worked illegally. Overstaying/illegal employment is usually not a problem when applying for a GC as a spouse of US Citizen as soon as that person was inspected by the Immigration officer at the point of entry. This poor guy, not knowing all this is now struggling and still doesn't understand why is he being treated the same way as if he crossed the dessert or came in a shipping container.
You Canadians are used to come to the US by just waving to the border officer. That works just fine for visits for up to 90(?) days, with no immigration intent etc.
Also, after you file the Ajustment Of Status status and you don't obtain an advanced parole and leave the US, that technically means you abandoned your application.


I don't know what the proper process would be for you. You may need the K3 visa usnycus mentioned, for which you will probably need to travel back to Canada but I'm not familiar with this process.

Based on my friends experience above, (until you get the Green Card) don't let the border guy wave you through.

Good luck!

[matthew2582]

Thanks GeorgeF for clarifying the meaning of AP. I don't think that we 'Canadians' have any particular expectations when it comes to what we will encounter at US borders

Regards

Matthew