Please give me some advice!

[confused_girl]

Okay I'm going to try to make this as short as I can! I'm Canadian, I entered the US as a visitor Nov 2006 and ended up overstaying (was in a long distance relationship and travelled back and forth for several years). Got pregnant a couple months later, and married shortly after. We had intended on applying for my greencard later that year once he had all his finances in order. We had so many bills, then he lost he job last year, his mother was then going to sponsor me for my GC but she just lost her job last month. I went a month and a half ago to get my physical done, we had the money saved, now I have no sponsor!

I just wish I could go home!! Our son is 20 months and I wouldn't want to put him in a situation where he'd have his parents living in separate countries. My husband doesn't want to move to Canada, I don't see any hope of me getting my GC for at least 2 years.....he's thinking about joining the military, then he'd have enough income to support me. I'm thinking I'd have to wait until he acutally filed his income taxes next year, b4 we could go ahead and apply for the GC.

I don't know I'm losing my mind.....I hate not being able to work, go to college, not being able to go home and visit family and friends. I feel like I'm never going to get my greencard! What would be the consequences if I were to go back to Canada???? I'm guessing I'd have at least a 3 year ban, probably 10. If anyone has any advice or any thoughts please share them with me.

I wish I would have stayed in Canada, and gotten him to get me a finance visa and gotten married then!!

[AzBlk]

Going home will trigger the 10 year ban automatically. If you cant or wont live apart then you just have to hold on until your husbands luck changes.

[TheRealCanadian]

Originally Posted by AzBlk

Going home will trigger the 10 year ban automatically.

Not unless she has an I-94, and I'd be shocked if she got one.

[confused_girl]

No I don't have an I-94, the custom agent just swiped my passport and that was it! What would be the case if I would have had an I-94?

[TheRealCanadian]

Originally Posted by confused_girl

No I don't have an I-94, the custom agent just swiped my passport and that was it! What would be the case if I would have had an I-94?

You'd be subject to the 3-year re-entry bar if you overstayed the expiry date on the I-94 by over 180 days, and 10-year bar if by over 365 days.

But right now you don't have an immigration problem as much as you have a marriage problem. Focus on you and your husband getting back to work - the requirements aren't exactly onerous. What skills does he have? Where do you live?

[Jackolantern]

If you as a couple and your co-sponsor combined have sufficient assets (5 times 125% of the poverty line), having a job is not required. Note that if a house is being used as an asset for this purpose, only the positive equity in it counts, not the home value.

[galapagos]

hi confused girl, if your only concern that your husband cannot file I864(Sponsor form) its not a big deal.. I had the same situation.. my husband asked his friend and he signed the papers.. just ask someone who trusts you to sign those and you're all set

[trialanderror83]

Originally Posted by confused_girl

Okay I'm going to try to make this as short as I can! I'm Canadian, I entered the US as a visitor Nov 2006 and ended up overstaying (was in a long distance relationship and travelled back and forth for several years). Got pregnant a couple months later, and married shortly after. We had intended on applying for my greencard later that year once he had all his finances in order. We had so many bills, then he lost he job last year, his mother was then going to sponsor me for my GC but she just lost her job last month. I went a month and a half ago to get my physical done, we had the money saved, now I have no sponsor!

I just wish I could go home!! Our son is 20 months and I wouldn't want to put him in a situation where he'd have his parents living in separate countries. My husband doesn't want to move to Canada, I don't see any hope of me getting my GC for at least 2 years.....he's thinking about joining the military, then he'd have enough income to support me. I'm thinking I'd have to wait until he acutally filed his income taxes next year, b4 we could go ahead and apply for the GC.

I don't know I'm losing my mind.....I hate not being able to work, go to college, not being able to go home and visit family and friends. I feel like I'm never going to get my greencard! What would be the consequences if I were to go back to Canada???? I'm guessing I'd have at least a 3 year ban, probably 10. If anyone has any advice or any thoughts please share them with me.

I wish I would have stayed in Canada, and gotten him to get me a finance visa and gotten married then!!

Canadians don't need I-94's to enter the US. USCIS They wouldn't know if you left or not! That is the advantage of being Canadian. You will NOT be banned, just have a friend sign for you if you can, simple.

[TheRealCanadian]

Originally Posted by trialanderror83

Canadians don't need I-94's to enter the US. USCIS They wouldn't know if you left or not! That is the advantage of being Canadian.

Even if they did know, they still couldn't apply the ban. Illegal presence cannot be accumulated in the absence of a written determination from USCIS, either via a formal finding of being out of status, or an I-94 that has expired.

A Canadian could overstay for 25 years, and only have the illegal presence clock start once USCIS made the determination. If they left without being deported, they'd be admissible.

[trialanderror83]

Originally Posted by TheRealCanadian

Even if they did know, they still couldn't apply the ban. Illegal presence cannot be accumulated in the absence of a written determination from USCIS, either via a formal finding of being out of status, or an I-94 that has expired.

A Canadian could overstay for 25 years, and only have the illegal presence clock start once USCIS made the determination. If they left without being deported, they'd be admissible.

Right so she has nothing to worry about then.

[confused_girl]

Originally Posted by TheRealCanadian

Even if they did know, they still couldn't apply the ban. Illegal presence cannot be accumulated in the absence of a written determination from USCIS, either via a formal finding of being out of status, or an I-94 that has expired.

A Canadian could overstay for 25 years, and only have the illegal presence clock start once USCIS made the determination. If they left without being deported, they'd be admissible.

Is this true???? This is something I've been worried about for a very long time! I really do want to go home and my marriage really isn't working out, he really has just been pushing me away lately. I plan to try to work it out for the next few months but if it doesn't I think I'll go abck to Canada.

My only concern is my son, I know my husband will probably want him half the time and I was just worried about my son going back and forth. I had problems b4 when my husband and I were just dating, an IO wouldn't let me in one time!

This is really great news to hear! Thanks a lot!