My girlfriend who is now my wife came from canada to the Us only on a vaild passport as a visitor?

Question

she's been here for about 11 months now will this affect us in any way cause she stayed so long without having any type of visa can we apply for the petition and her permanent residency and have no problems by the way we married in the states does that count for anything

Answer 1

Do not leave the country as suggested by two others. By doing so, you will place your wife in a position where she could be refused admission to the U.S. It's pretty easy to tell a Canadian to go back to Canada. No hardship there. She's clearly inadmissible.

To address your question, yes, of course you're going to have problems by getting married the way that you did. The fiance visa category was created so that people could enter the U.S. like your wife did, get married, and follow a fairly easy path to permanent resident status.

You two didn't follow the proper, orderly process for acquiring legal permanent resident status. You can petition for her using Form I-130. Follow the instructions and pay the fee.

She can apply for permanent resident status at the same time using Form I-485. Follow the instructions and pay the fee. There's a long list of forms and supporting documents that you'll need in addition to those two, but the instructions will tell you what they are.

The way you got married does count for something, but that something is that now you will have to go through the most cumbersome, expensive, and lengthy process of all the possible procedures.

Answer 2

Under NO circumstances should she leave the USA.  IGNORE that advice.

You need to file I-130, I-864 and G-325A.

She needs to file I-485, I-131, I-765 and G-325A.

You need to file them all at the same time, in the same envelope.  The total cost to file is $1,365.

In about 90 days, or less, she'll get a work permit.

In about 6 months she should have her interview.

In about a year she should get her green card.

You can find the forms here.....

http://www.uscis.gov/portal/site/uscis/m...

Answer 3

As above, but you have to state that you are entering the US for a different purpose, (and spend an hour in the little office) make sure you have all your documents

Answer 4

you dont need to leave! it happened to my mom! you guys are married perfect! find the nearest immigration office and go visit and tell them that you didnt know what  to do but a friend ended up finding out for you and told you to go there. and ask how you can apply for ehr visa. and its not hard they will make an appointment and they will just ask if you guys love each other etc. because they just make sure that yall are in love and its real and not some paying some1 else to get their papers! goodluck!

Answer 5

You'll need to physically leave the country and re-enter. Period. It's that simple, it really is. Go to the Niagara Falls, NY border, drive over to the casino in Canada, stay for a couple of hours and go right back.

You are overstaying your permit, and could actually get picked up and put in federal detention doing what you're doing.

ADDENDUM

Now, sure you can contest that and stay in detention until or if an immigration judge releases you on bond in the meantime, but plan on spending $10,000 USD minimum for 2 court appearances, with absolutely no guarantee whatsoever that you will be staying in the country much longer or be allowed to return within a minimum of 5 years.

My friend's dad hired some lawyers out of Buffalo, NY to contest his overstay and do the so-called "paperwork" and file the baloney INS "forms" (which my four-year old son could've filled out in hindsight). He even had to give them his blasted fingerprints! And now he's $23,000 lighter, with the 5 year ban. They lost his case. He has and had no criminal record. He merely overstayed his visit period by 11 days. ELEVEN DAYS!

Plus he owns property in Florida and was engaged to be married to an American woman a month before his arrest. He's 63 years old. He's stuck with a worthless piece of Florida junk real estate (the entire state now being a worthless heap of trash with the real estate collapse) since he didn't arrange to get the Florida house on the market before the collapse (waiting for his "forms" to be processed).

Now if that can happen to a senior who HAD a lawyer representing him, it can definitely happen to you, believe me.

You have already violated the Immigration and Naturalization Act (and possibly the U.S. Patriot Act) by simply overstaying as a visitor. Now a couple of wannabe 'immigration officers' are telling you to fill out some "forms". Well, that comes as no surprise since that's pretty well all they know how to do (immigration officers and their wannabe brethren), so what do you expect?

The only thing filling out those "forms" is going to get you, is it will get you noticed - noticed by the wrong people, that is (ie. Department of Homeland Security). The deep thinkers working there are just looking for little nitpicking arrests to make, because every year there is growing pressure to downsize their bloated bureaucracy.

Once Bush is out, they know half of them are going to be out of job, so they want to keep their performance reviews looking good by making lots of arrests. So, they'll arrest you for anything - ANYTHING. Believe me. Let me say it again. The Department of Homeland Security will arrest you for anything. If you so much as make a spelling mistake, they'll question your heritage and whether you're actually from Canada since you don't appear to know the English language. And if you so much as sneeze in their presence, they'll question whether you're snorting coke and what's wrong with you.

Stick with my tried and true advice by leaving the U.S. and then return back into the U.S. on a fresh entry. They have no legal right to deny you entry except under certain enumerated conditions specified in the INS Act - most of which are security or criminal record related.

It's far, far easier, much, much less expensive and will save you from possibly being blacklisted due to openly admitting that you've overstayed.

You can of course choose to fill out the silly forms these people are telling you to fill out, but just remember this as you're placed in handcuffs, held overnight in a federal deportation centre with knucle-dragging homosexual rapists and then being bused out of the country in a bus that looks like it's coming straight from Attica and are told that you will be unable to even visit the U.S. again for a minimum of 5 years: "I shoulda listened to Randolph, I shoulda listened to Randolph, I shoulda listened to Randolph...."

Answer 6

you should have applied sooner,an american can only stay in canada for 6 months without a visa,apply to extend her stay while you file a spouse visa