K Visa Married a Canadian who needs to immigrate

[Meznev]

Hi,

About a year ago I brought my Canadian wife down here to Oregon from Manitoba, CA on a tourist visa, and in June of last year we got married. I know that I was supposed to fill out the fiance visa documents, but due to other things going on, I couldn't afford the filing fee at the time, so I just moved her down here.

The problem I'm having now is that I need to file my taxes, but since I'm married, I need her to have a SSN so it can be reported on the tax forms.

What would the best course of action to take be now? Would it be to fill out the fiance visa (She also has a 6 year old son who goes to the local school here), or is there other forms I need to fill out? And, when we do fill them out, will they both be deported?

I'm thinking it might be time to just hire an immigration lawyer and pay them to deal with all this stuff.. If that's the route I should take, how do I go about finding a good one in my area? Is there a database of some sort online?

Thanks,

Michael

 

[Husty]

You should look into adjustment of status. After filing for AOS, she can receive an EAD and obtain a social security number and a driver's license.
She cannot receive a K-3 visa from within the United States, those visas are only available through consular processing.
Taxes can be amended, but I certainly would stress about the "misrepresentation of material facts" and possible fraud you just admitted to.
This is not legal advice. Contact an attorney if you need legal help.

 

[Meznev]

What possible fraud? Also, what is an EAD?

 

[Husty]

EAD is the employment authorization. EAD is not required after the alien becomes a permanent resident.

 

[Meznev]

Thanks again. I've been doing some searching on various things, and I think I might've had my terminology mixed up. When my wife came down here originally, neither of us filled out any paperwork other than the ordinary customs things when flying across the border. I was under the impression that you automatically get a 'tourist visa' when you're admitted into the country, right? Or am I wrong?

I was looking at the various status adjustment forms, but they all seem to assume that you've filled out some other form and already been accepted. But since we didn't fill out any of those, I'm kind of at a loss. Also trying to find an immigration lawyer near Eugene, Or, but they all seem to charge $175/hr, are there usually alot of billable hours involved in this kind of case?