Family Based Green Card - NO VISA STATUS

Cocorea

New Member
Hello,

I am a Canadian who married an American. My current TN work permit expires in one month. This is my second TN work permit in two years. I need to go back to Canada but will come back into the US one month after my work permit expires. Will it be a problem for me to come back into the US with my Canadian passport alone? Also, if I do manage to cross into the US on my passport with no visa status, and my spouse starts the petition for a family-based green card when I am in the US, will my application be denied?
 
Entering the US on a NIV with the preconceived intent of doing AOS is considered visa fraud.

Plus back in May, you stated your spouse already filed filed your petition from Canada EAD for I-30 Petition Spouse Abroad and now you’re asking about if your spouse starts the petition when you return to the US.
 
Actually no. Regardless of my posts back in May, he has not sponsored me yet. Let's treat this post as a standalone, please. Let's deal with the here and now. Thanks,
 
Your previous posts actually matter, that’s how we tend to get a better perspective on what someone is trying to do and it influences the kind of response they eventually get.

Anyway, I already answered your “here and now” post above.
 
Actually no. Regardless of my posts back in May, he has not sponsored me yet. Let's treat this post as a standalone, please. Let's deal with the here and now. Thanks,

Then you shouldn't have stated he "has filed" a petition, as opposed to saying that he "is considering filing" one. We tend to review past posts to provide advice as well-rounded as possible.

Regardless, Mom's post above should suffice.
 
Guys, I spoke to two lawyers before you both responded and they gave me a very straightforward answer. And this was them knowing a million different hypotheticals I threw at them.

YOU MAY POSSIBLY BE ADMITTED TO ENTER THE US AS A VISITOR BUT YOU MUST PROVE YOU PLAN TO LEAVE THE US.

IF CIRCUMSTANCES CHANGE AND YOU DECIDE TO APPLY FOR AN ADJUSTMENT OF STATUS FROM VISITOR TO GREEN CARD, YOU MUST WAIT UNTIL AFTER 90 DAYS AND WILL HAVE TO EXPLAIN THE REASON FOR THE CHANGE OF CIRCUMSTANCE WHICH PROMPTED A GC APPLICATION AND OF COURSE, IT MUST BE GENUINE AND TRUTHFUL. OTHERWISE, IT WILL BE CONSIDERED VISA FRAUD AND YOU RISK BANNED FROM ENTERING THE US FOR A FIVE-YEAR PERIOD.

Your correct response should have been:

"I notice previously you posted about being sponsored for a green card by your spouse while in Canada. Has this actually happened? Either way, in this instance, if your spouse sponsors you from abroad you must remain in Canada until the application has been approved. The process usually takes 10 to 17 months. And they will need to prove they have a job in the US or will need a co-sponsor who meets the income requirements."

It's really as simple as that, you two. Simple math equation.

Hypothesis: a supposition or proposed explanation made on the basis of limited evidence as a starting point for further investigation.

If things don't seem clear or are confusing, just ask. Don't assume.


When you ASSUME you make an ass out of you and me.

Peace out.
 
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Lol what? You think every poster should check that what every other poster has stated as fact in the past is actually true?

Incidentally fraudulent misrepresentation can carry a lifetime ban, not just 5 years. Remember you will have to truthfully answer any question CBP asks on the way in as well and answers are noted.

Good luck with your “plans”.
 
Exactly baby girl. You have backed up my exact point. That's what I'm saying. That's why you treat every post as a standalone post. Who has time to be going back to check previous posts? Especially when not every previous post is necessarily true! You got it.

Also, you still backed up my point. You have my back and don't even realize it. The lifetime ban is good to know.

Keep the points coming. This is what is called a discussion.

Cheers,
 
When you ASSUME you make an ass out of you and me.

Peace out.

When you put up posts with conflicting information and get called out on that, if you respond with some long winded posts on how you think people should treat or answer your questions rather than accept the fact that you’ve been caught in some silly lie, indeed you end up making an ass of yourself.

So enough said! Bye Felicia!!
 
Exactly baby girl. You have backed up my exact point. That's what I'm saying. That's why you treat every post as a standalone post. Who has time to be going back to check previous posts? Especially when not every previous post is necessarily true! You got it.

Also, you still backed up my point. You have my back and don't even realize it. The lifetime ban is good to know.

Keep the points coming. This is what is called a discussion.

Cheers,

Lol. You can put your archaic “baby girl” comments where the sun don’t shine while you go ask the “lawyer” who answered you in capitals (again, lolwtf) why they couldn’t get it right. This is so obviously going to end with you sitting in Canada for the next year or so, I suggest rather than spend your energy answering with more nonsense here you go start looking for a job there.
 
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