dear fellow members, I am new to this forum and been doing some research, unfortunately could not find answers to all my questions.
I have extremely complicated situation on my back right now. Fast forward: I came to US on student visa in 2005, met a girl, fall in love, married the same year and apply for US Green Card. USCIS kept us in system for 4 years and after "threatening" them with Mandamus suit, they called us in for another interview. It turned out that my wife's twin-sister used her credentials to marry and sponsor alien back in 1997. We have jump on the case and provided USCIS with multitude of credible third party findings such as photos, graphologist reports, affidavits from twin sister admitting she did it, however at this point USCIS was so upset with us that they ignored this evidence and deny case based on 204(c) which is "immigration marriage fraud". Our attorney with 20 yrs experience wrote excellent appeal and we are currently waiting. It takes about 1-2 years for Board to review the case. Unfortunately, USCIS has to forward our chart to board and thats when clock kicks in. Because USCIS made so many basic mistakes in validating our file (USCIS manual says that they should counter-provide us with credible ICE signature analyze if we provide one that is from third party, which they did not do), we assume file will be collecting dust in USCIS office for a while (as of January its been 4 months and yet it has not been transferred to Board). eventually, our attorney will file Writ of Mandamus (case has some discrimination against race and age background as well) and force USCIS to send file to the Board, but it will most likely take another year.
Conclusion: I am currently out of status, legally in the US, however awaiting board decision. Our attorney mentioned to me he has seen couples moving to Canada when being denied IF they dont want to be separated. Thats why I am here on this forum.
I guess my question is how should I proceed? I did initial test and with my skills, age, language, degree and proven full time years of work I scored minimum 70 points. I dont have criminal record, either in US or back in my country (Europe). Technically, I have not overstayed in US, because we married and filed with immigration before my J1 expired. I wish we could move together, however my wife has a daughter (she never married before) and she is only 14 now and she wont separate from her biological father. I guess my thinking is how are the chances for me to apply for permanent residence and move to Canada either 1) for couple years to avoid US ban and then re-apply for US Green Card, or 2) move to Canada and if our appeal is denied, start migrating my wife into Canada. Our case is mark as "immigration marriage fraud", even that circus with US immigration made us stronger as a couple and we dont want to separate and try to start all over with someone else just because we had some identity fraud. Do you think my current immigration situation in US will affect chances on getting permanent residence in Canada? Further, do you think this may hurt our case pending in US? How would you proceed in my situation? I dont want to stay illegal in US and get 10years ban for overstay. Do you think if I am called in for interview (99% chances with those findings by Canada Officers I will), telling them I plan to move for a while and after couple years re-apply to US would get my application denied? I never been to Canada, but just like I never been in US before and fall in love with country, people, environment, my work.. I am pretty sure Canada as a part of American continent is similar; some Canadians I met in US told me life in Canada is easier, people are nicer and not everything evolves around hard working for two-shifts per person. Who knows -- if I like it I may want to migrate my wife vs coming back, however I had strong feeling with this mess in immigration proceedings in US I will get denied and banned by Canadian Consul easily. I am pretty sure they are bunch of security checks and straight questions on immigration forms regarding my current immigration status that will trigger ban. If, however I am approved for Canadian migration and will not move to Canada within a year (still in process of awaiting that US Board of Appeal decision), is this going to affect my future applications? If one year pass, and then I got my appeal denied what are chances to reapply and be approved again? Will they look like I tried to take advantage, they agree on my migration and then I decided to let it go and years later once denied in US, I have applied again??
let me know what you think, please?
I have extremely complicated situation on my back right now. Fast forward: I came to US on student visa in 2005, met a girl, fall in love, married the same year and apply for US Green Card. USCIS kept us in system for 4 years and after "threatening" them with Mandamus suit, they called us in for another interview. It turned out that my wife's twin-sister used her credentials to marry and sponsor alien back in 1997. We have jump on the case and provided USCIS with multitude of credible third party findings such as photos, graphologist reports, affidavits from twin sister admitting she did it, however at this point USCIS was so upset with us that they ignored this evidence and deny case based on 204(c) which is "immigration marriage fraud". Our attorney with 20 yrs experience wrote excellent appeal and we are currently waiting. It takes about 1-2 years for Board to review the case. Unfortunately, USCIS has to forward our chart to board and thats when clock kicks in. Because USCIS made so many basic mistakes in validating our file (USCIS manual says that they should counter-provide us with credible ICE signature analyze if we provide one that is from third party, which they did not do), we assume file will be collecting dust in USCIS office for a while (as of January its been 4 months and yet it has not been transferred to Board). eventually, our attorney will file Writ of Mandamus (case has some discrimination against race and age background as well) and force USCIS to send file to the Board, but it will most likely take another year.
Conclusion: I am currently out of status, legally in the US, however awaiting board decision. Our attorney mentioned to me he has seen couples moving to Canada when being denied IF they dont want to be separated. Thats why I am here on this forum.
I guess my question is how should I proceed? I did initial test and with my skills, age, language, degree and proven full time years of work I scored minimum 70 points. I dont have criminal record, either in US or back in my country (Europe). Technically, I have not overstayed in US, because we married and filed with immigration before my J1 expired. I wish we could move together, however my wife has a daughter (she never married before) and she is only 14 now and she wont separate from her biological father. I guess my thinking is how are the chances for me to apply for permanent residence and move to Canada either 1) for couple years to avoid US ban and then re-apply for US Green Card, or 2) move to Canada and if our appeal is denied, start migrating my wife into Canada. Our case is mark as "immigration marriage fraud", even that circus with US immigration made us stronger as a couple and we dont want to separate and try to start all over with someone else just because we had some identity fraud. Do you think my current immigration situation in US will affect chances on getting permanent residence in Canada? Further, do you think this may hurt our case pending in US? How would you proceed in my situation? I dont want to stay illegal in US and get 10years ban for overstay. Do you think if I am called in for interview (99% chances with those findings by Canada Officers I will), telling them I plan to move for a while and after couple years re-apply to US would get my application denied? I never been to Canada, but just like I never been in US before and fall in love with country, people, environment, my work.. I am pretty sure Canada as a part of American continent is similar; some Canadians I met in US told me life in Canada is easier, people are nicer and not everything evolves around hard working for two-shifts per person. Who knows -- if I like it I may want to migrate my wife vs coming back, however I had strong feeling with this mess in immigration proceedings in US I will get denied and banned by Canadian Consul easily. I am pretty sure they are bunch of security checks and straight questions on immigration forms regarding my current immigration status that will trigger ban. If, however I am approved for Canadian migration and will not move to Canada within a year (still in process of awaiting that US Board of Appeal decision), is this going to affect my future applications? If one year pass, and then I got my appeal denied what are chances to reapply and be approved again? Will they look like I tried to take advantage, they agree on my migration and then I decided to let it go and years later once denied in US, I have applied again??
let me know what you think, please?
