[mechanickid]

Hello,


My current situation is this; I am a U.S. Citizen born and raised, I have a girlfriend who currently lives in Toronto, Ontario Canada. We have been together for over a year now and On the 5th of July she gave birth to our son.
What I am looking for is any way that she would be able to come to the U.S. and Live and work, other than a petition for a finance. Currently she's been coming as a visitor but the first time we travled we ran into problems at the border (land border by car) and they almost did not let her enter because she is "High risk." Were not having an easy time finding advice either.
Could you help?

Thank you

[lawanwadee]

Since she already had a "high risk" note in her immigration record, it would be impossible to file for adjustment of status when entered on visa waiver program. You should get married in Canada, and you return to US to file petition for immigrant visa for her.

[mechanickid]

Well I'm not sure if she had the high risk note applied, she does come over on her own with no problems since the one incident... I think they didn't like she was with me in my car...

So we could possibly adjust status?

[BMI]

Sorry lawanwadee but I don't think telling this gentleman to get married when he did not bring up the issue can be considered sound Immigration advice.

Also, it sounds as if this couple would be considered common-law. Does the U.S make the distinction between common-law and married in context of Immigration law?

[lawanwadee]

Also, it sounds as if this couple would be considered common-law. Does the U.S make the distiction between common-law and married in context of Immigration law?

No common law when it comes to US immigration. The couple must be legally married only.

[mechanickid]

Sorry lawanwadee but I don't think telling this gentleman to get married when he did not bring up the issue can be considered sound Immigration advice.

Also, it sounds as if this couple would be considered common-law. Does the U.S make the distiction between common-law and married in context of Immigration law?

Yea we happened to speak to a canadian immagration lawyer and orginaly he thought I wanted to move to canada and was going to go the route of common law, but he said he isn't sure if the U.S. recognized that, and right now marriage isn't really a fiesability for us considering I will lose my health insurance, nor are we quite at that level in the relationship.

So eariler law you mentioned an adjustment of status?

[lawanwadee]

Adjustment of status can be done only in case the couple are legally married.

[mechanickid]

Are there any other possibilitys?