Beginning the process with a checkered past - here are my questions.

[JJ'sinlove]

Hi there,

After reading several posts in the different forms, I wasn't sure where to post this. Hopefully this is is ok.
We have not started our paper work for my US Visa as we just decide (last weekend) to go forward with our life. My situation is a bit complicated and I have sought out this great site for some friendly advice.

Canadian Citizen & US Citizen - engaged after 7 months of meeting each other and now we wish to be together. Me the Canadian will be moving to the USA, all going well.

Me
Charged in 1995 in US, paid fine, spent 5 days in jail and then left.
Conditional discharge in Cdn. No criminal record. 1996
2000 - denied entry into USA during random shopping trip. B/C of record in the US.
2001 - applied for I-194 US Waiver through Pardons Canada.
2003 - I-194 US waiver granted for 1 year & then re-applied for another one
2004 - I-194 US Waiver granted for 1 year & then re-applied for another one
2006 - I-194 US Waiver granted for 1 year & then re-applied for another one
2007 - I-194 US Waiver granted for 1 year & then re-applied for another one

My last I-194 waiver expired March 30, 2008 and they have not sent me anything. When I emailed to inquire of my status, they said they were waiting for my records clearance report. They did not have an time line and that they would communicate to me in due time. That was April, 2008. Each waiver up to now, has been turned around within the year of pushing different documents from YVR to Ottawa, to the US, complete with interviews and finger prints that are taken at the nearest US border.

If anyone has any suggestions or recommendations, we would greatly appreciate it. My mistakes are in the past and for the past 9years I have been very successful in my industry. I pay my taxes each year, travel the world and live a healthy and clean life. My guy is ex military in the US and has been gainfully employed by the same corporation for the past 10 years.

Should we proceed with the I-129F "Petition for Alien Fiance" - or should we seek out legal advice from an Immigration lawyer? I do believe if I didn't have a checkered past, we are bright enough to complete the multiple forms etc., for such a transition.

Again, we appreciate your support and comments.

[kenaly]

You should definitely go ahead and start the application process. Since Vermont adjudicates I-601s for Canada and they are taking upwards of a year to process, the sooner you get started the better. My husband had an incident in 1992, and I managed to do all the paperwork with no lawer and get him approved. It CAN be done, but of course if you feel more comfortable reatining an attorney then do so. Take a read thru the approved waiver letters (aka HSL) posted here to get an idea of what you will need.

[JJ'sinlove]

Thanks for the tip. Regarding the HSL that would need to come from my (soon to be) husband, since he is the US citizen, correct?

Also, would we even need to submit a HSL if my I-601 waiver is not for over staying in the US illegally? I was told I would need an I-601 waiver for my checkered past in the US.

We are going to submit our I129 at the end of this month!! I am so excited!

[kenaly]

The I-601 would be for the previous criminal issue. If you did not get deported or overstay in the USA then you are just looking to waive the crime (aka CIMT)

The HSL would be written by the US citizen; however, you can add an "apology" letter as well as statements attesting to your rehabilitation. Things like letters from members of the community, your employer, church,school...etc........

In my HSL (link below) I had several exhibits attached to the letter, and my husband also added a few things.

[Chapital]

Welcome...in my opinion, even if you are planning to do it yourself, since you have some tricky issues, it it probably worth at least doing a consulation with a good attorney...could save you a lot of pain later!!! Good luck!

[Adriane]

Make sure that if you are applying as fiancees that you do not marry until your fiancee visa is granted- doing so during the process will void your I-129f and even if your I-601 is approved, they will make you re-apply with a I-130 (you won't have to refile the I-601, but you will have to wait for a new interview date.)

If you can't wait til the process is over to get married- get married first & apply as spouses.

Good luck!

[emt103c]

JJ--Told you you would like it here! :wave:

[aprilstorm]

:welcome:

[JJ'sinlove]

Thank you everyone! :wave:We really appreciate the support and shared knowledge from this site and from VJ.

We will be interviewing lawyers (taking full advantage of their) free consultations regarding my checker board past.

Its funny, I am at work right now and I am highlighting more phone bills for our file of love! Thankfully my guy is super confident and he is very goal orientated. His calmness is perfect for me during my stressful moments.

I am use to preparing large scale projects with large budgets for high profile companies - surely I can accomplish moving to the US legally :shy:to be with the man I love!~

If nothing else, i have learned (from these sites) that I must continue to pursue my hobbies, during this long process. Yoga class here I come! :cheerful:

[JJ'sinlove]

Its great to have the site back up :wave:. I have missed it.

As for our application we are working out some things and then we will submit the I-129 in July. I emailed the US again about my I-194 waiver and they told me they are still doing my record check. :shy: Hopefully they make a decision soon. It would be nice to go to Denver for a few weeks this summer.