A Serious Immigration Situation with Canadian Husband Options
Q. Let's see if I can tell this story so it makes some sense...all of you
here at this newsgroup have so much good experience, wisdom, and
background with immigration problems, perhaps you can point me in the
right direction...however, this situation seems to be a serious mess at
present.
Met my husband at work in 1997 here in San Francisco...he was working as
a IT temp for my group for a few weeks. Dated for a few months. Married
in September of 1997.
Problem with this otherwise extremely nice fellow is that he has trouble
complying with rules, or telling the truth, or filing papers. Any
papers. And, he's often lied to me and everyone else about such things.
At the time we were married, I was working as a consultant and making
over $100K per year. He worked during that time...but only occasionally
as a temp. I was under the impression he was here on a valid H1-B
visa...which he did enter the US on...but it had long been invalid by
our marriage. I only found that to be true much later. Silly me...I ask
a question, and thought there would be no reason to lie about the answer.
For about 2 years he seemed to be filling out the family-based visa
papers. From time to time I'd ask, and he's produce paperwork for me to
sign. Being a college grad in chemistry and then trained as a technical
writer, I thought he'd be on top of his immigration issues. I was at
that time travelling 5 to 6 days a week, and only home 1 or 2 days a
week at best. I felt we had both time and money enough to do whatever
was necessary. He said he was in compliance, and making progress.
Time wore on and I finally made an appointment myself to see his
immigration lawyers downtown. He was very reluctant to go with me to the
law office. When I mentioned to the head of the firm that he'd been
working prior to marriage...they quietly closed the file and advised me
not to continue with filing as he was violating immigration, and would
be subject to penalties if we submitted a family-based visa request,
considering the circumstances. They advised him to go home to Canada,
re-establish his citizenship, and only visit me here in America...not to
ever try to submit papers for citizenship, though.
However, he continued to say he was seeking to stay legally and was
finding information from other lawyers. I now know this to be untrue.
Since that time, in the last two years, I had to undergo spinal surgery.
I have not worked in those two years while undergoing surgery and
recovery. It took some time but I am now finally rehabilitated and am
seeking work at present.
I now also find that he neglected to file taxes for some number of
years, although he said he was doing that and each year I signed the
forms. For some reason he just ... well ...he just didn't file. Nor did
he show me any IRS correspondence that arrived in the mail. Nor, did he
admit it until I checked with IRS and found to my surprise our status.
So...I now am broke and unemployed. All of my 401Ks and savings have
been depleted...he has hidden bills while saying they were paid until we
are now over $150K in debt, and I am seeking to file Chapter 13
bankruptcy...and wondering what to do about his current immigration
status, to boot.
Understand, he's such a well-educated, quiet, and pleasant man. No
gambling. Minimal drinking. No drugs. No one that hasn't seen the damage
understands or believes this behaviour. It's taken me years to see the
depth of the problem we have with clearity and accept the reality, in
the face of his persistant (and reasonable sounding) denials.
If I decide that we should endevour to continue in this union...where
the heck do I start?
I know a lawyer is needed, but until I work again there is only his
current temp job money available...$250 a week, which does not go very
far in San Francisco...and that job ends after only six weeks total, anyway.
Any chance if I take over all our finances and his immigration paperwork
that I can save this situation?
As soon as I have secured a position, and have a few paychecks in hand,
and pay rent and to begin Chapter 13, I'll seek the advice of an
immigration lawyer myself.
Actually, I feel seven long years of persistant neglect of all things
important to a partnership may at this time mean that he is just plain
not partner material. However, if any change does occur...is the
immigration situation at all salvagable, in your experience or opinion?
A. I've read your post twice and unless you are a troll your post does not
make sense at all.
Your Canadian husband CANNOT file for adjustment of
status unless you file an I-130 for him and have completed an affidavit
of support (I-864). If you did neither of those things, then of course
he never filed for adjustment because he has no basis for eligibility.
As for your scenario with the attorney, that is a bunch of hogwash.
Any immigration attorney, even those who handle strictly work visas,
know that one can adjust status if one is married to a US citizen and
also knows that the USCIS forgives overstays, illegal work and use of
illegal documentation.
Not to be cruel but if your story is true, you
really have no common sense if you have not looked into what it takes to
make your husband a legall permanent resident. Since he apparently
doesn't care about his status, why do you?