K Visa Came to visit..Got married..need help NOW

[KatTrax]

OK... here is the problem...
I, being Canadian, came to the USA for a holiday..when I got here to meet friends from the internet, I found that my very long time friend and I were perfectly matched....13 days after our first meeting we married legaly here .
I DID NOT come down on a visa because I did not mean to be staying at the time...For close to 2 years now we have been trying to get me a green card so that I can go to work and help with household bills and start on my way to becomeing an American, as well as a wife...No one seems to be able to help so far...we are not overly well off and a lawyer that is high priced is out of the question at this time....We did start the process here but the papers keep comming back and now due to husband haveing been in hospital,(bills again) this also ground to a hault.
We even sent the paperwork to Joe Wilson to try to get help...They were sent back with a note saying he had no idea about what to do (this is a state representative no less!!!)
The Feds have recognised me and returned husbands taxes, due to that I was pending but now I have no idea where we stand>>>THE STATE will not return his taxes because of me for the second year now!!!!!! Yet they approved our marriage?
AM I EVEN LEGAL HERE???
WILL THEY DEPORT ME???
SOME ONE PLEASE PLEASE HELP.
lawyers with payment programs?
anyone with any info????
I am physicaly ill half the time with fear that one day I will be shipped away from my home and husband.
I love living here and want to be able to represent my HOME in the fullest way, this is in South Carolina and any help will be gratefuly received

 

[NYClex]

Don't panic, help is on the way

Let's see: you are a Canadian citizen and you are married to an American.

The first question is: How did you enter this country? If you are here on a "visa waiver", that means as a tourist, you need to apply for an adjustment of status within the time you have been allowed to stay. The same goes for any other visa you might have used.

Now, I don't quite understand what you have already be doing?

This is what you would need to do, check what steps you already have been doing:

-The American husband must file a "petition for alien relative" on Form I-130 (http://uscis.gov/graphics/formsfee/forms/I-130.htm). You have to include two biographical forms G-325A, proof of citizenship, marriage certificate and other documents and photos that are listed on the website: http://uscis.gov/graphics/howdoi/Appproc.htm

-If you are legally in the country, that is with a legal visa or the visa waiver as a tourist and within the time you have been allowed to stay in the country) you must file at the same time as your husband files the I-130 an "Application for Adjustment of Status" on Form I-485.

Together with this form you have to file a couple of other forms, among them again the biographical forms, but also a Medical Examination Form I-693 and, very important, the affidavit of support Form I-864.

You have to show a certain minimum income or wealth to be able to immigrate or your husband has to show this so he can support you. You will need tax returns for that.

You also need evidence of lawful presence in the States, that is your I-95 or I-94W card from your passport which you received when you entered the country.

If you want to work in the U.S. you can also file for "employment authorization" on Form I-765

All that is listed here: http://uscis.gov/graphics/howdoi/LPRApplication.htm


Once you have filed all the forms you will be considered to be "in status" even if your original time for stay runs out. But once you leave the country you will not be allowed to return before your Green Card is issued unless you have a so called "Advance Parole" which needs to be applied for several months before you leave the country.


Let us know if you need more help.

By the way, a state representative usually has no clue, because this is a Federal matter. You might want to contact your U.S. congressman or Senator, they usually have staff specialized in assisting with immigration matters. BUt normally you only need them once there are problems with the USCIS.

For general consultation you might also look for non-profit and pro-bono organizations in your town who specialize in assisting immigrants. The local Bar Association, many churches, or even your city government might run such an organization or know where one can be found.

 

[KatTrax]

Hi,
Kat here again,
I came across the border on my drivers licence (Albertain) and prove of Canadian Citizenship by way of voters card only, I was not required to have a pass port (which i do not have anyhow) nor any Visas at all. ( I had planned on a 2 month vacation )
I Have no documentation with me other than S.I.N ,canadian social insurance,which is the same as an SSN down here, my Canadian Drivers Licence, and the Voters Card.
The border people did not require more than this for a vacationer, other than prove that my bus ticket was return and that I had money to spend here, and an address to where I was comming (all given to them )
The only reason I am still here is because I married my husband and want to be with him.
We have received the Immigration packet and have been in the process of trying to get it filed but so far it has come back for the photo size and other small things. My husband is under the limit to be a sponcer by about 2000.00 a year and I feel helpless to be able to change this because I will NOT work illigaly to increase our income levels.
I did enter the USA with the proper requirements for the reasons I came....but I guess now I am what they call an Illigal Immigrant.
We have been just trying to get me a green card for now so i can work and add to the house hold and that he can get tax returns for now....
I can not go back to Canada to get any other papers in storage for fear i will not be able to come back home. Nor can I go to settle any claims I have on personal property or to settle the morgtage I hold on 140 acres up there..
I do not have ..A PASSPORT, A VISA OF ANY SORT,PROOF OF CANADIAN CITIZENSHIP other than this VOTERS CARD,Nor any other documation needed here ....BUT I DID COME ACROSS THE BORDER WITH THE REQUIREMENTS NEEDED to vacation.
The problem is that I love and Married an American within my vacation time frame.....

THERE ARE NO FORMS to fill out for starting this process of being legal with the non visa immigrant....
Do we even go to INS to try to get my green card/work permits
OR DO WE HAVE A MUST HAVE A LAWYER SITUATION HERE?????
the pending on the forms we sent were for a SSN number and as stated this has ground to a hault due to lack of direction of where to go from here?The persons helping with these forms I think tried to start the total citizenship process instead of the green card only.
I consider all the previous attempts NUL AND VOID
and am there for at the starting point again......Also we have the naturalization forms here but again nothing in them for a person in my situation because I am Undocumented (NO VISAS OF ANY SORT)
WHAT steps do we need to take to get a perment residence card for me now? Under these conditions and do we even have a hope?

Thank you for any reply and ideas about this

 

[NYClex]

Before we go on:

When did you enter the U.S.?

What forms exactly have you sent where and when?

What exactly has been returned?


One thing you definitely should do regardless of the answers to the American immigration problem is get a Canadian passport as soon as you can. Contact the nearest Canadian consulate for that.

 

[KatTrax]

Kat again,


W-7 form filled and sent...Returned

Petition for Alien Relative...sent...Returned

FORM I-485,application to register Permanent Resident or Adjust Status...sent...Returned

Application for Employment Authorization..sent...Returned

Affidavit of Support Under Section 213A of the Act...sent...Returned

Biographic Information form ...sent...Returned

I entered the USA Sept 12, 2002...arrived South Carolina Sept 14th, 2002 (long bus trip)

We married Sept 27th, 2002 (and there is no way we are parting even if we have to both move to Canada)

started this process soon afterwards, We even sent everything off to the U.S. House of Representatives in Washington DC after forms started returning to try to get help.

We will definatitely need a organization to help now in the finance department due to the fact that the Hospital Bills kicked the crap out of us.( hubby is very badly diabetic and suffered a small stroke..cost a trip to the ER).

THIS IS SO HARD..and the only thng we did wrong was to Love each other enough to marry AND WANT TO STAY THIS WAY TOGEATHER.

We are not young children either, I am 46 and He is 52 so we are not on a whim here.

We will be looking into going to the Canadian Embassy in North Carolina to see about getting me a passport as soon as possible and try to get that done swiftly as we can,,,THANK YOU FOR THIS INFORMATION.

I hope this information i gave helps you to understand where we stand at this time...

 

[NYClex]

hm, now it would be important to know exactly why the petition was returned. Usually the "Petition for Alien relative" governs, if this is not accepted, all the other applications cannot be accepted.

In the affidavit of support your husband must prove a minimum annual income that is 125% of the poverty level for this household size. For two persons this is currently $ 12,490.

If he is not able to prove this income to sponsor you, he can ask others to become a co-sponsor. They have to fulfill this requirement individually.

Now technically you seem to be "out of status" at the current time, that means you have no legal status to be in the country. Therefore you need to act fast on these petitions, otherwise there will be no way around leaving the country and going through the application procedures in Canada. It already might be necessary.

I understand that you cannot afford an immigration attorney at this point, but I suggest you try to find someone to review all your documents and to counsel you on what to do next.

In most larger cities there are charity organisations who do have some experience in this and who often have attorneys working pro bono (free of charge) for them.

Here is an organization in the Carolinas that might be able to provide you some support: http://www.lfscarolinas.org/refugeeimmigration.asp

 

[KatTrax]

I WANT TO THAK YOU SO VERY MUCH....

This is Kat again btw...

Your site you gave me was very helpful...I now have a lawyer handleing this matter and it looks like it will take a long time but can be straightend out.

ALL the forms were never sent to the right place, so I am starting from scratch again here...yes undocumented, but am in the works to get the proper papers to get me a visa and status.... The Canadian Embassy is helping to get copies of citizenship and a passport to me so that is a big step in the right direction...

I will post and let you know how things are going as we know...

PLEASE ANYONE READING THIS SITE>>>>>>>

DO NOT THINK THIS IS SIMPLE...

DO NOT TRUST ANYONE BUT A REAL IMMIGRATION LAWYER TO DO THE PAPER WORK...

DO NOT ASSUME MARRIAGE MAKES YOU SAFE.....

The paper work is complicated and can be messed up in a heartbeat...YOU NEED PROPER REPRESENTATION...

If you dont think so read again the troubles we have encountered....

REMEMBER....we were told, even by the House of Representives of the United States, you are married to an American Citizen so you should be ok....


GET A LAWYER STRAIGHT AWAY & SAVE YOURSELF THE HEARTACHE AND STRESS we went through already...


GOD BLESS AMERICA AND KEEP HER SAFE

GOD BLESS OUR SOLDIERS AND KEEP THEM SAFE

Thank you again for all your help ..

A grateful Canadian now on the way to becomeing American