so worried. please help

[prvtuzr]

I need help. I'm scared that we did this all wrong and now my family will be torn apart.I married a US citizen in 2010 and I lived in Canada. I came to visit with my children in August. 2012. What was supposed to be a two week visit ended up in my husband and I deciding we should stay. I haven't sent in any paper work yet because the money we saved was used for a family emergency. The kids were enrolled in school and our visas expired in Feb 2013. now my oldest wants to go back to Canada and I'm worried about sending her and getting in trouble. I have enough money to begin to file my paperwork but what happens to next.

[peace999]

Your post in not very clear.

*Are u a canadian citizen?
*your kids are from this marriage?
*When you married in 2010 , you moved to canada.
and your husband stayed back.
How come your kids came to be in US?
*Did your husband not file any US immigrant petition for you ever before?
* What visas did you and your kids have?

[prvtuzr]

I am canadian . 2 of my children are from a previous relationship ages 13 and 16. My third child age 4 is from my marriage. All were born in Canada
My husband has always lived in the US and I have always lived in Canada. We came here for a visit and ended up staying. Our passports are stamped b2. We never filed because we didn't think we would be moving to the US

[peace999]

Ok. It means you and your kids are out of any legal status since February '13.

If your 'out of status" stay period is 180 days to one year and you leave US, you are barred from entering for 3 years.
And if the ovestay is 1yr or more the bar is for 10 years.
If you leave before 180 days , you won't be barred from re entering, but you will not be able to come as a visitor ( B2)
because you overstayed. The only way you will be able to re-enter is through an immigrant visa.


I suggest you do not leave US, because, being immediate relatives of a US citizen , you can adjust status to green card in US even when you are 'out of status'.
That is, if your husband is willing to file the immigrant petition for you and your kids.

Hire a very good immigration attorney because you will need one. ( staying away from your husband in canada would need explaining).
All of you can get your green cards in less than a year.