Canadian Married to USA American Needing Help

[Laura Fafard]

I came to USA in late August 2016 for a Friend's Wedding then I went to meet my USA Boyfriend I feel in love with him then we got married on Jan.13th, 2017 and I was wondering If I could stay here while we get the funds and fiances to fill out every forum needed to make me a USA Citizien by Marriage, Green Card by marriage, and everything else that is needed?

I don't ever want to be without him for any long length of time or anything else I hate being away from him I love him with my entire heart, I have seen on other threads where couple have had been married 3 months and had everything then other's who were married a year then only applying then as it took them that long to save up and that USCIS is understanding if you tell them why is this true?

[newacct]

After your 6 months is up, you will be out of status and deportable, but it is extremely unlikely you will be deported unless you get in trouble with the law or come upon a CBP checkpoint near the Mexican border. Whether you are out of status or not and how long you have been out of status are irrelevant for your Adjustment of Status application, so if you are sure that is what you are going to do, then stay and file as soon as you can. There is no "understanding" or not -- being out of status is legally irrelevant in your category.

[Laura Fafard]

After your 6 months is up, you will be out of status and deportable, but it is extremely unlikely you will be deported unless you get in trouble with the law or come upon a CBP checkpoint near the Mexican border. Whether you are out of status or not and how long you have been out of status are irrelevant for your Adjustment of Status application, so if you are sure that is what you are going to do, then stay and file as soon as you can. There is no "understanding" or not -- being out of status is legally irrelevant in your category.

Thanks ..... Do you know if I can work and help raise the money that's needed for this forum with being married to my American Husband?

I don't want to do anything illegal and that I can't do that's why I am asking here and other legal forums for any input that would help me and stay here with my husband until we have the money for that forum and the rest of them as well ..... I want the rest of my life to be with him.

[newacct]

No, you cannot work.

[Laura Fafard]

No, you cannot work.

Okay thank you, We have to apply for everything first of adjustment of status - green card - and everything else we need before I can work right?

[newacct]

Okay thank you, We have to apply for everything first of adjustment of status - green card - and everything else we need before I can work right?

No employer will hire you as an employee as you don't have the documents needed for the I-9 which you must complete on the first day of work.

[Adrian Gruber]

I came to USA in late August 2016 for a Friend's Wedding then I went to meet my USA Boyfriend I feel in love with him then we got married on Jan.13th, 2017 and I was wondering If I could stay here while we get the funds and fiances to fill out every forum needed to make me a USA Citizien by Marriage, Green Card by marriage, and everything else that is needed?

I don't ever want to be without him for any long length of time or anything else I hate being away from him I love him with my entire heart, I have seen on other threads where couple have had been married 3 months and had everything then other's who were married a year then only applying then as it took them that long to save up and that USCIS is understanding if you tell them why is this true?

Greetings Laura, I'm afellow Canadian and am married to a USC for 30 tears. Some things you need to consider:
1) Did you enter the US under Legal Inspection? I ask this because some POE's are very casual and allow wave thru on the Canadian Border.
2) Consider not filing all at once, instead of doing the whole package have your spouse file the petition for immediate relative called the I-130 and it costs $535
The petition costs $535 and takes 5 months to approve.
3) If you decide to file for both the I-130 and the AOS I-485 the fee is $535+$1225 so you are looking at $1760. You also need to be examined by a US Civil Surgeon which is not covered under your Canadian Social Insurance and this can run you from $400-$800

And last, with out a social security card you are unable to work unless you are an independant contractor.

Best of luck.

[newacct]

1) Did you enter the US under Legal Inspection? I ask this because some POE's are very casual and allow wave thru on the Canadian Border.

Waved through *is* inspected.

2) Consider not filing all at once, instead of doing the whole package have your spouse file the petition for immediate relative called the I-130 and it costs $535
The petition costs $535 and takes 5 months to approve.

This is not good advice. There is no benefit, and there are potential downsides, to filing the I-130 before the I-485. If they are unable to file the I-485 now, they should wait until they are able to file I-485 to file I-130 and I-485 together. Filing I-130 alone gives no ability for her to stay in the US -- it's filing I-485 that does that. Filing I-130 before I-485 lets immigration know that she's here illegally without giving her the protection from deportation that filing I-485 gives.

And last, with out a social security card you are unable to work unless you are an independant contractor.

With or without a Social Security card they cannot work as an employee. A restricted Social Security card is not accepted as any of the documents for the I-9, and they have no other documents that can satisfy the I-9. Only US nationals, permanent residents, refugees, and asylees can have unrestricted Social Security cards, so any card they may currently have must be restricted.

[Laura Fafard]

Thank you newacct for the warning I didn't know that ................ Yes I came here legally with a Canadian Passport into the USA I talked to lawyers how long I could legally stay since I was basically waived through but with inspection like newacct said

I plan on doing nothing illegal doing everything right and by the book but if per say my husband doesn't come up with the money by the time my 6 months runs up I do not want to leave his side for any reason what so ever .......... I can't imagine my life without him, he means everything to me and the world to me.

I have talked to a few other lawyers regarding this and they have said that the USCIS doesn't say if they are or not leniant toward something like this but they will ask why in your interview once we do the Adjustment of Status application and I said "Well if i told them that my husband was getting together the money and I didn't want to leave his side would they understand that" the reply I got was "Most likely"

They asked my reason to come to USA and it was for my friends wedding which invatations were not sent out but invites were sent on ********, no one knew where it was unless you had an invite it was very private very low key I did attend the wedding but unsure if USCIS would see it or not being it was so low key there response was as long as you didn't lie to the Border Patrol then you are fine.