Need help for Canadian immigrant spouse !!!

[atique rahman]

Folks, I have a question for you & need some help.
I got married back in 2003 when I was in an asylee status. My spouse is an Canadian immigrant ( not citizen) since 1996. She never applied for her citizenship though. First time she visited USA 2001 for a week & we got introduced. Second time she was again in USA 2002 & never went back. We lived together for a year & after a year later 2003 got married in county court house.
Both her visit to USA 2001/2002 she was never issued a I-94 & I have seen many people that travels to USA being a Canadian PR or citizen they don't require no visa nor any I-94. That's also for a US PR/ Citizen.
Now my question is as you know I have been granted PR status back in Feb what are the process of applying for my spouse? My main concern is she overstayed ( although since no I-94 things involved so therewhere no written duration of stay). But it's more than 4 yrs now so that's overstayed & there ain't no doubt about that.
So please share your experiences regarding the procedure of my spouse get adjusted in US as my spouse. As far I know I can file I-130 for her & it'll take 4/5 years but what about that overstay issue? Do you think that could raise a problem later on?
I consulted an immigration attorney this afternoon & just wasted the consultation fee. She seems like she's way behind this game.
First of all the most weird thing she said is asylees/refugee's PR status time count starts the day we were granted our asylee/refugee status means in my case since I was granted asylum 1999 ( I-485 approved 2006) now I am already eligible for US citizenship. That's completely wrong. Our time starts the day we get our I-485 approval.
As a matter of fact when the attorney told me that I lost all hopes continuing with her by knowing I'm just wasting my time & money.
So, please advice me the procedure or options that I have for my spouse for her adjustment as a spouse of a PR.
Thanks.
Atique.

 

[wantmygcnow]

Folks, I have a question for you & need some help.
I got married back in 2003 when I was in an asylee status. My spouse is an Canadian immigrant ( not citizen) since 1996. She never applied for her citizenship though. First time she visited USA 2001 for a week & we got introduced. Second time she was again in USA 2002 & never went back. We lived together for a year & after a year later 2003 got married in county court house.
Both her visit to USA 2001/2002 she was never issued a I-94 & I have seen many people that travels to USA being a Canadian PR or citizen they don't require no visa nor any I-94. That's also for a US PR/ Citizen.
Now my question is as you know I have been granted PR status back in Feb what are the process of applying for my spouse? My main concern is she overstayed ( although since no I-94 things involved so therewhere no written duration of stay). But it's more than 4 yrs now so that's overstayed & there ain't no doubt about that.
So please share your experiences regarding the procedure of my spouse get adjusted in US as my spouse. As far I know I can file I-130 for her & it'll take 4/5 years but what about that overstay issue? Do you think that could raise a problem later on?
I consulted an immigration attorney this afternoon & just wasted the consultation fee. She seems like she's way behind this game.
First of all the most weird thing she said is asylees/refugee's PR status time count starts the day we were granted our asylee/refugee status means in my case since I was granted asylum 1999 ( I-485 approved 2006) now I am already eligible for US citizenship. That's completely wrong. Our time starts the day we get our I-485 approval.
As a matter of fact when the attorney told me that I lost all hopes continuing with her by knowing I'm just wasting my time & money.
So, please advice me the procedure or options that I have for my spouse for her adjustment as a spouse of a PR.
Thanks.
Atique.

Atique,

Since your wife overstayed, she will come under the law created in 1996. She will be barred for 10 years since her overstay is more than 1 year. IF she had overstayed for less than that, she would've been barred for only 3 years.

There are waivers you can file, for example, I-601 waiver, however those are rarerly granted by USCIS. If you had a U.S Citizen kid, you could claim family ties or if the condition in her country is bad, she could claim that.

The thing is these waivers are not like I-602 that are granted to asylees/refugees. These waivers are very tough to get.

Only thing you could hope for is a 245(i) amnesty that happned in april 2001. According to that amnesty, anyone who could get immigration benefit could apply and pay 1000 dollars fee and the 3/10 year bars would've have been waived.

Or any new amnesty that is introduced would also cover you.

 

[ccordova624]

atique,

If you wait until you became a US Citizen you can then sponsor your wife and there will not be any barrs or waivers, since "overstaying" is forgiven for wives/husbands of US citizens. You may want to consider hold on to your relative application...

 

[wantmygcnow]

atique,

If you wait until you became a US Citizen you can then sponsor your wife and there will not be any barrs or waivers, since "overstaying" is forgiven for wives/husbands of US citizens. You may want to consider hold on to your relative application...

Some people assume being a U.S Citizen gives them a free pass for everything.

Even if you became USC, the law applies same to your spouse.

 

[atique rahman]

need help?

Sorry, i didn.t mention it earlier we do have a 18months old us citizen dayghter & also another one on the way.Is that going to help her in waiver thing?please help us if u know much about this.

Thanks...

 

[floyd]

Sorry, i didn.t mention it earlier we do have a 18months old us citizen dayghter & also another one on the way.Is that going to help her in waiver thing?please help us if u know much about this.

Thanks...

Atique:
Tough suggestion, specially with the kids, but I'd recommend she go back to Canada, apply for her canadian citizenship on that side, wait until she gets it, and then come back. Every single day she stays here in illegal status creates a huge risk. And even then, she should tell the IO at the border that she is coming to join you, which might result in her being sent back to Canada.

It will be best if she can come in as a Canadian citizen with a job offer, and get a NAFTA visa issued at the border (very painless, short process)

Do not count on the waiver--CIS can really screw you if they want to over that.

(And I really wish you didn't use your real name on this forum. I dont mean to scare you but you never know who is reading this. )

Good luck.

 

[ccordova624]

Some people assume being a U.S Citizen gives them a free pass for everything.

Even if you became USC, the law applies same to your spouse.

Being a US citizen does not give you a free pass for everything, BUT IN AOS for your wife/husband THERE IS A FORGIVENESS for the overstaying... UNLESS your "wife/husbgand" entered the country illegaly....
I personally known US citizens that marry people with B2 visa and I-94 expired on 1999 and they were able to adjust the status of the wife WITH NO PROBLEMS. The IO eve asked for the original I-94 expired on 99.... The wife is now US citizen... and this is only one example....
Like them there are many cases...