Immigration Site

Dear all,

I am a US citizen by birth and I married my beloved, a Canadian girl who was visiting me on a visa waiver. She has been in the US for well over 90 days, but she was given a special visa waiver by the immigration officer at the airport for some reason(were not sure why, the official gave her 6 months of time in the US and its obviously stamped on her passport).

As such she has not overstayed yet, and her actual stay ends on July 19th, 2011(it is now July 8th, 2011). Unfortunately, I cant quite afford to file her forms until the 15th of July, which is a Friday and admittedly cutting it a bit close.

*she is here legally(visa waiver-extended)
*we are married legally, with no plans to get married when she first came to visit
*we will file her i-130 and i-485 application within 90 days of getting married.

Unfortunately, my vehicle broke down right this month and its making getting some of the requirements for the forms slightly more difficult/expensive, such as having her checked over by a civil surgeon. Would it be okay to file the i-130 and i-485 now, and then file the other forms as I get an additional paycheck(but as soon as possible)?

Additional information: We consulted a local immigration lawyer, who said, "Get married as soon as possible and file your papers. Shouldnt be a problem otherwise." I honestly didnt have a worry until I began to ask online and was told that a major court case in 2010 could get her removed/deported even though she is here legally on a visa waiver, and additionally, the idea that her deportation is based on exactly which day I can file her papers in(if I am late by one week, shell have overstayed and will be deported?) has been stressful.

We do not have many photos together - she has been against photos, but we had one taken of our court ceremony. We also have lease documents together and it is common knowldge among our friends, as well as our apartment staff that were together. Finally, the judge(a JP) of our ceremony gave her card and told us to call her if we had any problems whatsoever with our immigration issues.

We are in Dallas.

We do not have many photos together - she has been against photos, but we had one taken of our court ceremony. We also have lease documents together and it is common knowldge among our friends, as well as our apartment staff that were together. Finally, the judge(a JP) of our ceremony gave her card and told us to call her if we had any problems whatsoever with our immigration issues.

We are in Dallas. I would not say you have a totally clean case. Although the officer gave her 6 months, they are known to make mistakes and you might be on the wrong side of that mistake. The Visa Waiver is specifically for 90 days. You need to have paperwork to show why she was given this special waiver, whatever it was.

Common knowledge among your friends is not going to help you much with USCIS. Get those friends to prepare a "notarized affidavit of knowledge of bonafide marriage". USCIS deals with paperwork.

Well, how can we be responsible for the mistakes made by the official? We do not have paperwork for why she was given this special waiver, nor any knowledge of why it was given in the first place. The offiical just appeared to decide to do so, and at the time, it did not seem to be a major concern.

Should we arrange for a lawyer to prepare this case, even though it is difficult for my already rather drained finances?

I can get an Affidavit of Bonafide Marriage/Evidence arranged, certainly.

Well, how can we be responsible for the mistakes made by the official? We do not have paperwork for why she was given this special waiver, nor any knowledge of why it was given in the first place. The offiical just appeared to decide to do so, and at the time, it did not seem to be a major concern.

Should we arrange for a lawyer to prepare this case, even though it is difficult for my already rather drained finances?

I can get an Affidavit of Bonafide Marriage/Evidence arranged, certainly. Please get in contact with Immigration to clarify ASAP. Dont forget USCIS leaves the burden of proof on the applicant. It sucks but it is what it is. See below.

A visa must be requested if the traveler:

Wants to remain in the United States for longer than 90 days, or envisions that they may wish to change their status (from tourism to student, etc.) once in the United States;

http://travel.state.gov/visa/temp/wi...hout_1990.html