Need advice please!!! Long

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Canadian81

Registered Users (C)
Need advice please!!! (Canadian married American)

I hope I have posted this in the correct spot, and I appologize if it isn't.
I kinda think I know the outcome of my situation, but I wanted to tell my story and see what other people think.

I am a Canadian Cit. and I met my now current husband (who is American Cit.) online. Long story short(ish) I flew from Ontario, to Florida to spend a week with him in Feb. 2009. He then flew from Florida to Buffalo NY in April 2009, and I took a bus from Ontario to Buffalo and met him at the airport. We stayed overnight in Niagara Falls NY, and got married there at the City Hall, no family were present. We then went back to Ontario where he continued his visit with me, and then we both took the bus to go back to Buffalo, so that he could catch his plane to go back to Florida. Upon crossing the border, I got detained because I did not have a return bus ticket (I had planned on buying one in Buffalo cause I needed to use up the rest of my american cash) and so they sent my husband back to the bus and told him to go home, and they took me to the back where they fingerprinted me and told me not to come back unless I had a return ticket.
So anyways, in July 2009, my 10 year old son and I (not my husband's kid) got return tickets to go to Florida. Because of the Buffalo insodent, when we got to US customs, they took me to the back, and made me fill out a paper, and stapled part of it to my passport, and wrote "No AOS, No EOS" on both the paper and my passport, and the visitors visa said I had 2 weeks. Well, I overstayed, and it has almost been 6 months since the visitors visa expired. Husband and I are living together of course. Just wondering if this is basically going to prohibit me from ever getting a greencard or being able to go back to Canada to visit my family. My husband keeps sluffing it off saying that it won't be a problem and I will get a greencard no problem, but yet he STILL hasn't filled out the paperwork or anything. Would love to hear everyone's take on this, and love to hear from people with similar experience.
Thanks!
 
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I read that when they do that, "NO AOS/COS/EOS" it makes it much harder for you to adjust status. I can't be sure though.
 
I'm not sure because of what they stamped on your passport - I am an overstay (by 8 years!), but came on a visa waiver and didn't have anything like that in my passport.

I just wanted to say, though, that you don't need to wait for your husband to fill out the paperwork - just go ahead and do it yourself. Download them from the USCIS site and fill them out right on your computer, then print them out.

DH is officially filing for me - but they only time he has seen the forms is when he was signing them, and the only participation he has had in the process has been getting his picture taken and driving me to the medical appointment. If I waited for him to get around to it it would be another 8 years!

You can get the forms done, get all your paperwork and necessary documents together (you'll need both of your birth certificates, marriage certificate, tax info, income info, your vaccination records, your passport pages copied, your ID, 4 passport pics of you, 2 of DH, evidence of a real marriage like leases, bank accounts, insurance, photos). You can go ahead and make your medical appt and get everything ready to go.
 
Your situation is pretty simple: You will NOT be allowed to adjust status in the United States. Since the CBP suspected you to have immigration intention, so they made a contigency plan to prevent you from adjusting. You will be required to return to Canada if you have any hopes of getting a greencard, which means you might have to clear a ban for overstaying your stay in Uncle Sam. Your husband should treat this situation with a sense of urgency which it deserves, because it will surely come to tear you both love birds apart from your nest...:cool:


Good luck..:)
 
IrishExport said:
I'm not sure because of what they stamped on your passport - I am an overstay (by 8 years!), but came on a visa waiver and didn't have anything like that in my passport.

I just wanted to say, though, that you don't need to wait for your husband to fill out the paperwork - just go ahead and do it yourself. Download them from the USCIS site and fill them out right on your computer, then print them out.

DH is officially filing for me - but they only time he has seen the forms is when he was signing them, and the only participation he has had in the process has been getting his picture taken and driving me to the medical appointment. If I waited for him to get around to it it would be another 8 years!

You can get the forms done, get all your paperwork and necessary documents together (you'll need both of your birth certificates, marriage certificate, tax info, income info, your vaccination records, your passport pages copied, your ID, 4 passport pics of you, 2 of DH, evidence of a real marriage like leases, bank accounts, insurance, photos). You can go ahead and make your medical appt and get everything ready to go.
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Hubby hasn't done taxes in like 3-4 years or more, so I dunno what to do about that. Also, I have ABSOLUTLY no income of my own, and he makes very very little and is always having to borrow from his folks. The paperwork costs alot, and he keeps saying his folks are going to help pay for it, but nothing has happened. And apparently he DOES need to be with me and do stuff with the greencard ap, cause he has to petition me or something, and I do eventually want to go back to Canada to visit. Doesn't look like that's going to happen though, by the soudns of it.
 
Al Southner said:
Your situation is pretty simple: You will NOT be allowed to adjust status in the United States. Since the CBP suspected you to have immigration intention, so they made a contigency plan to prevent you from adjusting. You will be required to return to Canada if you have any hopes of getting a greencard, which means you might have to clear a ban for overstaying your stay in Uncle Sam. Your husband should treat this situation with a sense of urgency which it deserves, because it will surely come to tear you both love birds apart from your nest...:cool:


Good luck..:)
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I read something about 180 days (6 months) and I mentioned to him that it means that we have about a month, and he was like "yeah yeah we'll get it done" I'm honestly not worried about a ban though. If I have to go home and can't come back, so be it. I just basically need the "proof" that I'm pretty much NOT going to get a greencard, cause his brain seems to think he knows it all and that he can "get around it" :)
 
Take him to a consultation with an immigration attorney.

He will definitely need to address his missing tax returns.

If he won't go to follow through on your immigration issue, you need to consider a consultation with a divorce attorney as your life in the US will be stressful with the threat of deportation hanging over you every day.
 
HURRY UP AND LEAVE THE US!!!

You cannot get a green card by staying in the US, because of the "No AOS, No EOS" restriction. And if you overstay by 180 days, you'll be banned from the US for 3 years.

If you want a green card, you need to leave the US before you've gone past the 180 days, and apply for a green card via consular processing (have your husband file an I-130, specifying the most convenient consulate in Canada for you). Also note that 180 days is about 3 days less than 6 months, so calculate the days carefully when planning your departure and don't try to time it to the exact 179th day.

The reason for the Buffalo incident is not just because you didn't have a return ticket. It's mainly because you are married to a US citizen. Noncitizen spouses of US citizens have a very high rate of overstay and/or filing for AOS (and you are living proof of that), so they will often be refused entry or given tight restrictions if CBP knows about the marriage.
 
IrishExport said:
I'm not sure because of what they stamped on your passport - I am an overstay (by 8 years!), but came on a visa waiver and didn't have anything like that in my passport.

I just wanted to say, though, that you don't need to wait for your husband to fill out the paperwork - just go ahead and do it yourself. Download them from the USCIS site and fill them out right on your computer, then print them out.

DH is officially filing for me - but they only time he has seen the forms is when he was signing them, and the only participation he has had in the process has been getting his picture taken and driving me to the medical appointment. If I waited for him to get around to it it would be another 8 years!

You can get the forms done, get all your paperwork and necessary documents together (you'll need both of your birth certificates, marriage certificate, tax info, income info, your vaccination records, your passport pages copied, your ID, 4 passport pics of you, 2 of DH, evidence of a real marriage like leases, bank accounts, insurance, photos). You can go ahead and make your medical appt and get everything ready to go.
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Unfortunately, your experience is irrelevant for Canadian81, because you didn't have the "No AOS" restriction, so you were allowed to pursue adjustment of status despite your overstay. Canadian81 does not have that option, so she must leave the US and follow a somewhat different process to get a green card. The medical, fingerprinting, and interview for Canadian81 will have to be done outside the US.
 
Thanks for all the information everyone. It is exactly what I figured, but he always thinks he is right, so he wouldn't listen to me when I told him. I explained about the No AOS and No EOS and all he said was "Oh that's just a scare tactic that the border patrol 'renta cops' use to scare you into comming back on time. It means nothing at all" I was skeptical of his nonchilance in the matter, so I did more research. Any more information that any of you could give me, with backing facts, would be great. If I have facts to show him, other then just what I say... then he might believe me. He asked his cousin to get her immigration attourny to give us a call, but haven't heard anything back, and even my husband's Cousin is saying that I'm going to have big problems, but alas, he says she "doesn't know what she's talking about" meanwhile, she actually has been through this before!
 
Do exactly what Jackolantern has advised.
What more information do you need for your husband??? You will not be allowed to AOS and if you do not leave the US in less than a month you will be banned for 3 years. It is very simple.

Canadian81 said:
Thanks for all the information everyone. It is exactly what I figured, but he always thinks he is right, so he wouldn't listen to me when I told him. I explained about the No AOS and No EOS and all he said was "Oh that's just a scare tactic that the border patrol 'renta cops' use to scare you into comming back on time. It means nothing at all" I was skeptical of his nonchilance in the matter, so I did more research. Any more information that any of you could give me, with backing facts, would be great. If I have facts to show him, other then just what I say... then he might believe me. He asked his cousin to get her immigration attourny to give us a call, but haven't heard anything back, and even my husband's Cousin is saying that I'm going to have big problems, but alas, he says she "doesn't know what she's talking about" meanwhile, she actually has been through this before!
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Triple Citizen said:
Do exactly what Jackolantern has advised.
What more information do you need for your husband??? You will not be allowed to AOS and if you do not leave the US in less than a month you will be banned for 3 years. It is very simple.
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I totally agree! The problem is, my husband thinks that the No AOS and No EOS is just a croke of ****. He thinks it's nothing mroe then a scare tactic. He said that the border patrol has no authority. I explained what No AOS/EOS meant, and he just shook his head and said not to worry about it. He is STUBBORN. So, I need absolute information proving that the Border people DO have authority and that the No AOS/EOS is very real and cannot be bypassed. Proof that I cannot get my greencard here because of it. I know how simple it is, but you gotta understand, the only way I can get through to him is to have solid proof to shove in his face.
 
The solid proof you are looking for is attached to your passport. It is called an I-94.
You said it yourself, he is stubborn. I rest my case.

Canadian81 said:
He is STUBBORN. So, I need absolute information proving that the Border people DO have authority and that the No AOS/EOS is very real and cannot be bypassed.
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He wants to talk to an immigration attourny, I'm just gonna let him. Maybe hearing it from a professional will get through his head. Thanks again for all the advice.
 
Best of luck. I hope he gets the bigger picture. For your own sake, please do not overstay beyond the 6 month mark!!!

Canadian81 said:
He wants to talk to an immigration attourny, I'm just gonna let him. Maybe hearing it from a professional will get through his head. Thanks again for all the advice.
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Canadian81 said:
He wants to talk to an immigration attourny, I'm just gonna let him. Maybe hearing it from a professional will get through his head. Thanks again for all the advice.
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This is ironic, he doesn't make sufficient money to support all of you, because he has to borrow from his folks, but he want to have a consultation with an immigraiton lawyer? :confused: Does he have the money or his folks are going to help him? :rolleyes: He's not sturbbon, just crazy and you should spank him with an electrick cord...:D
 
Al Southner said:
This is ironic, he doesn't make sufficient money to support all of you, because he has to borrow from his folks, but he want to have a consultation with an immigraiton lawyer? :confused: Does he have the money or his folks are going to help him? :rolleyes: He's not sturbbon, just crazy and you should spank him with an electrick cord...:D
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Haha, I think it is one of 3 things. 1) He "assumes" he will be able to get advice for FREE, just because his cousin used the same attourny, or 2) He will once again bug his folks for money, or 3) He has absolutly NO intentions of dealing with it and is only saying he will, to shut me up :p

I feel horrible. I left a great job, a nice 4 bedroom house I was renting, my car, and all my family and friends, to come here to be with him, and live in a small appartment, be supported halfly by his parents, have NO vehicle whatsoever, not being allowed to work, and no family or friends and now Im illegal?? Has anyone seen my brain???::o
 
For your own sake, you will just have to make up your mind and leave the US on your own before the 180-deadline, regardless of what he thinks about your immigration situation. Then work to convince him of the reality while you're in Canada. Because if you wait inside the US until he is convinced, you may have passed the 180 day limit and destroyed your hopes for getting a green card or even visiting the US for 3 years*.

Before you leave, give him a photocopy of your I-94 with the "No AOS" for him to show to the attorney (if he ever actually sees the attorney). This situation is so absolutely clear-cut, an attorney can answer any questions about it in less than 5 minutes. In which case there is a good chance they won't bother to charge.

And a few words of warning before you return to Canada: Try to get a flight that goes non-stop to Canada. Not necessarily non-stop to your final destination, but non-stop to somewhere in Canada. This is because sometimes there are immigration agents roaming around the airport asking people for their papers. If they see that you are illegally present, they may detain you at the airport or ship you off to a detention center where you will be locked up for days, weeks, or months until they deport you. So if you want to board that flight, you need to convince them you'll be going straight to Canada, not stopping in Chicago or New York where you can exit the airport and remain in the US.


*it will become 10 years if you overstay by a year. Or if you try to visit the US before the 3-year ban has expired, they will extend the ban.
 
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Canadian81 said:
I feel horrible. I left a great job, a nice 4 bedroom house I was renting, my car, and all my family and friends, to come here to be with him, and live in a small appartment, be supported halfly by his parents, have NO vehicle whatsoever, not being allowed to work, and no family or friends and now Im illegal?? Has anyone seen my brain???::o
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You may have left it somewhere in Niagara Falls or Buffalo. ;)
 
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