Need advice please!!! Long
- Thread starter Canadian81
- Start date
Triple Citizen
Registered Users (C)
Just for the record, I moved to the US from Richmond Hill, ON 
Haha, Ontarians are easy to spot!
Canadian81
Registered Users (C)
Just for the record, I moved to the US from Richmond Hill, ON
I know where that is. I'm from a bit north of Barrie ON
Jackolantern
Registered Users (C)
Nothing. Read the original post about what happened in Niagara Falls and Buffalo.What makes you think she is an Ontarion?
TheRealCanadian
Volunteer Moderator
While the no EOS/AOS annotation has no legal effect, staying over 180 days past the expiration of your I-94 will be a problem if you leave the US prior to getting a Green Card. And considering the lack of ability of your spouse, I don't see your marriage ending well (or in a GC).
Jackolantern
Registered Users (C)
Although the "No AOS" notation is not absolutely binding on the I-485 adjudicating officer, to overcome it they would have to be convinced that she did not have immigrant intent at the time of that entry. Which is a tall task considering all the circumstances (the Buffalo incident, married to a US citizen, quitting her job in Canada, etc.). Leaving the US before the 180-day overstay, and pursuing the GC at a consulate in Canada, would bypass that restriction and risk.
Triple Citizen
Registered Users (C)
By that criteria, Ontario's population should be 10 times what it actually is. Having said that, you made a very safe and intelligent guess
Triple Citizen
Registered Users (C)
True. However an AOS adjudicator upon seeing an I-94 with such an annotation may by default assume the applicant is guilty of misrepresentation until proven innocent. The same officer may not behave that way had the I-94 been free of any such annotation.
Al Southner
Registered Users (C)
RC,
It will be difficult for the OP to convince USCIS that his sudden need for a greencard wasn't preplanned in advance. The annotation will provide fire on USCIS that she had immigration intention all along, starting with the Niagra Falls incident. So, the only wise counsel that I would offer her is to move back to Canada, it needs her more than she needs the US... After 6 months, apply via consular route and see if she can get the greencard...
Once she gets it, I would advise her to take the same bus via Niagra Falls, stick it to the same officer who wrote the No AOS...
It will be difficult for the OP to convince USCIS that his sudden need for a greencard wasn't preplanned in advance. The annotation will provide fire on USCIS that she had immigration intention all along, starting with the Niagra Falls incident. So, the only wise counsel that I would offer her is to move back to Canada, it needs her more than she needs the US...
After 6 months, apply via consular route and see if she can get the greencard... Once she gets it, I would advise her to take the same bus via Niagra Falls, stick it to the same officer who wrote the No AOS...My advise, just like man others told you is: you need to go back to Canada before is too late, Having NO AOS in your I-94, ITs a great deal, and if you go ahead and apply for AOS in country you are going to get denied no matter what your husband says, crying won't solve the problem. If you leave now, and your husband applies for CP you will be back here with a Green card in your hands in less than a year. If you stay over 180 days out of status, you will be banned from comming back to the country for 3 years from the date that of your departure. If you stay out of status longer than a year you will be banned for 10 years. It's your choice, if your husband don't believe any of us, go ahead and spend money on an immigraton attorney, to only hear the same thing. He can also call immigration himself and ask them (which is free).
We here are just trying to help you to do the best on your situation.
Best of wishes, good luck!
We here are just trying to help you to do the best on your situation.
Best of wishes, good luck!
Al Southner
Registered Users (C)
For the record, no one is going to bribe me.
Al isn't need of any additional $$$...and whomever tried to bribe me is going to be arrested...For the record, no one is going to bribe me.
Lol, you know that is my son name (Bri..) my name (Be...) my husband (Al...) lol I never realised what it meant... lol!
Canadian81
Registered Users (C)
Thanks everyone for all the great advice. I am hoping it is enough to get my husband! his ignorance and recklessness really makes me want to KICK HIM! 
Jackolantern
Registered Users (C)
Which part of Canada she came from was never in my mind. She could have come from Saskatchewan or Newfoundland as far as I know or care. My point was that somewhere in Buffalo or Niagara her judgment went out the window, otherwise she would have handled things differently to avoid ending up in this quandry. For example, delaying the marriage and using the fiancee visa route.By that criteria, Ontario's population should be 10 times what it actually is. Having said that, you made a very safe and intelligent guess
Canadian81
Registered Users (C)
PLEASE ADVISE - New info!
Definatly my judgment was lacking at the time, but at the same time, I was told by my husband that he had a previous fiance who entered the US from Canada, and that there was legally nothing that the DHS could do for the first 6 months. I personally have no experience with that sort of thing, and I trusted my husband's judgment over my own thoughts. Obviously a bad mistake that I am realizing afterwards.
I do have a question though, for anyone on here who has immigration law experience.
I joined a couple other forums asking the same question, so I could compile all responces to my question, and compare them. I got a responce from one person who claimes to be an immigration attourny, and he said
"You and your husband should file a combined I-130/I-485 package for you and your son. In that you are the wife of a US citizen, your overstay does not bar you from adjusting status. Those notations on your I-94 carry no legal weight."
This confuses me, because out of the 4 forums I have joined and asked the same questions, this is the ONLY person who says this, while everyone else says I have to go back to Canada, and that No AOS/No EOS, is firm. Please advise!!
Edited to add: I just noticed a few others on here have also said that the notations on my I-94 may carry no weight, but also that I would have to proove I had no intent to immigrate. *coughs* although I DID intend to stay in the US, I also DID have a return ticket back to Canada, did have rent reciepts, pay stubs and other forms of paperwork to show that I had solid residence and ties to Canada, and DID tell them that I was only staying for 2 weeks and then returning home. Does the presence of all of this, help my situation or make it worse? Also, is this ONLY applicable BEFORE the 180 days? I am sorry for asking so many questions (possibly more then once!)
Definatly my judgment was lacking at the time, but at the same time, I was told by my husband that he had a previous fiance who entered the US from Canada, and that there was legally nothing that the DHS could do for the first 6 months. I personally have no experience with that sort of thing, and I trusted my husband's judgment over my own thoughts. Obviously a bad mistake that I am realizing afterwards.
I do have a question though, for anyone on here who has immigration law experience.
I joined a couple other forums asking the same question, so I could compile all responces to my question, and compare them. I got a responce from one person who claimes to be an immigration attourny, and he said
"You and your husband should file a combined I-130/I-485 package for you and your son. In that you are the wife of a US citizen, your overstay does not bar you from adjusting status. Those notations on your I-94 carry no legal weight."
This confuses me, because out of the 4 forums I have joined and asked the same questions, this is the ONLY person who says this, while everyone else says I have to go back to Canada, and that No AOS/No EOS, is firm. Please advise!!
Edited to add: I just noticed a few others on here have also said that the notations on my I-94 may carry no weight, but also that I would have to proove I had no intent to immigrate. *coughs* although I DID intend to stay in the US, I also DID have a return ticket back to Canada, did have rent reciepts, pay stubs and other forms of paperwork to show that I had solid residence and ties to Canada, and DID tell them that I was only staying for 2 weeks and then returning home. Does the presence of all of this, help my situation or make it worse? Also, is this ONLY applicable BEFORE the 180 days? I am sorry for asking so many questions (possibly more then once!)
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