Interesting Case.. Any feedback would be greatly appreciated..

[modded46]

Ok.. here we go.. I'll try and get the time line as close to accurate as possible..

Canadian Citizen moved to US to live with girlfriend at the time - Approx Aug 1996

Various visits back to Canada throughout the next 3 years

Worked illegally for approx 1 1/2 year during that time

Married same girlfriend Sept 1999

Applied for AOS and EAD. EAD was approved Nov 1999 issued SSN

Made the mistake of my life and went back to Canada for Christmas 1999

Entry to US a problem with only EAD and AOS processing not finished

Was advance paroled into the US Jan 2000 and was instructed to apply for humanitarian parole.

Denied humanitarian parole letter received March 2000 - filled appeal

Appeal denied May 2000

Left US voluntarily Dec 2000 back to Canada

Divorce filed June 2002 and finalized.

Met current wife (US Citizen) Sept 2001
Sponsored US Citizen to move to Canada after getting married Feb 2004
Wife has been in Canada with me since Aug 2004

Decided it was time to think about moving back to the US

Filed I-130 May 2006 Montreal - Approved June 2006

Second letter May 2007 asking if visa was still to be processed and given a one year timeframe until application would be canceled.

So.. filling out the DS-230 now.. My question is.. What exactly are my options here based on the time that I was in the US before my first visa attempt? I was never in Immigration Court and was never deported etc..

My understanding of the law is that unlawfully present time only starts when a INS office or IJ determines that you are unlawfully present. For me, did this start in 1996 or in May 2000 or Dec 2000 when I actually left the US or better yet has this ever started? I've read a lot of web sites on the subject but this is the first one that I've been on where it seems there are real people going through this kinda thing.

Also this i the first site that mentions a I-601?? is this something I should be expecting to need? I'm not naive into the situation, I realize I did something wrong and I don't expect everything to go smoothly but just want to get all the facts straight before I go ahead and move any further..

Other points I would like to make..

No criminal history whatsoever for either my wife nor I.

I have been told that this might work better if I was in the US on a non-immigrant visa and applied for AOS? Is that a possibility?

Back to form DS-230 it asks for a A#.. Because this is a completely different case would i still us my number from before or should I get issued a different number? I'm assuming the A number is yours forever but again I just want to make sure.

Again i would appreciate any feedback.. Sounds like I have I-864 issues sorted out so I'm not going to start asking about that side of the fence. ;)

Thanks everyone looking forward to the repsonses

[modded46]

One other question I have.. On the DS-230 question 25 list dates of all previous visits..

As other Canadians can probably attest to.. If you live in a border city and go back and forth frequently as I used to, it is impossible to list the amount of visits let alone the fact that you're not issued a visa.. So with that being said, what should I put there if anything?

[MendozaQH]

Maybe I missed something, but I don't see where you were unlawfully present. First, can I ask why did you apply for humanitarian parole after you received advanced parole? Second, was your original AOS case denied?

Unlawful status starts as soon as you are out of status, not when it has been determined by an officer. For example, if someone is here on a visa and the visa expires and they stay for 1 year, they have 1 year of unlawful presence. If a person enters without inspection, their unlawful status starts the day they enter the US. You did not mention under what conditions you were in the US, so I really cannot tell you if you were out of status. Furthermore, unlawful presence does not count prior to April 1997 and prior to turning the age of 18. I need more info to know if you will be required to file the I-601.

Now, you will not be able to obtain a non-immigrant visa unless it were a spousal K-3 visa. You have already shown intent to immigrate so you will not be eligible. There is always the K-3 visa, but it may not be faster since the I-130 is already approved.

As far as the A#, I have no idea.....

Good Luck!

[Pinkpig]

Your A # will be the same....they will need to gather all of your immigration files to process your case.

You are married and have immigrant intent with an approved I-130 petition so the only visa that you may qualify for based on your marriage to a USC is the immigrant spousal visa - IR-1 (based on the approved I-130 petition).

The Consular Officer will determine if you were previously illegally present during your consular interview and will advise you on filing the I-601 waiver.

[modded46]

Your A # will be the same....they will need to gather all of your immigration files to process your case.

You are married and have immigrant intent with an approved I-130 petition so the only visa that you may qualify for based on your marriage to a USC is the immigrant spousal visa - IR-1 (based on the approved I-130 petition).

The Consular Officer will determine if you were previously illegally present during your consular interview and will advise you on filing the I-601 waiver.

That makes sense considering my letter from the consulate has a IR-1 designation on it. I think based on the fact that I was in the us strictly as a visitor and was working that would put me out of status? Again, Canadians don't get issued I-94's so it's a little hard to determine what dates Ihe lived there exactly which is making the documentation process a little hard.

Thanks for the comments, keep em coming!