Canadian marrying a US Citizen - K1?

[iceyspots 0]

Really they have no way of knowing if it was spur of the moment.These people will tell you you cant do that b/c they had to go the K1 route.We also had to go the K route for my Canadian wife.If we had to do it again we would of just got married here and then filed AOS.Save yourself alot of time an money.Kinda dumb if you ask me.Yes I want to get married in my mind,So I must file K1.If joe blow comes to the USA meets some bum and they get married thats ok..Just come get married and save money.

Hmph. Don't do it. If anything do the K-3 visa but don't go over there when you know you are breaking the law. Sorry but I lose respect for people who do that. It makes the rest of us look bad!!! Just my opinion.

Then loose resect.Then sut up about it.Like anything you say matters anyway to this couple.Hell come to Cali-Mexico.We have mexicans here (illegals) dancing in th streets wanting a green card.Atleast this persons fiance is American.Lets worry about the wet baks b4 we worry about the Canadians

This is NO PLACE for Racism of ANY kind.

Ditto... you can already tell this person is a dimwit, can't even spell... sheese

[aussiewench 9]

I just wish people would read up more on this issue all the way around to better understand it. You will be surprised. If the USCIS wanted to end this practice they very well could. Do they.......no. Makes one wonder why. What you will find is that regardless of whether one is married or not.....enters the US, marries if not already, can legally apply to adjust status providing they were inspected and granted entry and are otherwise eligible. This is the fact and there is no way anyone can say differently as it is there in black and white for anyone to read. I am quite aware that I will be flamed but you cant get around what is cleary a legal way of adjusting status according to USCIS. Should someone lie at POE.....NO. The point I am trying to make is if one is inspected and granted entry they can legally adjust status. It IS NOT the US governments aim to keep married couples apart which is why they have in their policies that when one is married to a USC they are excluded from the list of ineligibilities if they are otherwise eligible (eligible = something that we all have to be regardless of which path we take or our application will be denied) and have been inspected on entry.

Time and time again myself and others have posted USCIS laws and policies regarding this issue, for what reason is beyond me when most members clearly dont want to know as they are under the false belief that it is illegal or fraudulent. Funny how even some US embassy websites state the very thing that I am referring to.....that one can adjust status......and I might add, even if they have a petition in process. But hey, obviously the USCIS and consulate information is obviously BS I'm sick of this whole issue and saddened that those that come here to seek information, clarification or a point in the right direction to read and learn things for themselves from the relevant authority websites, are instead faced with a total bias against because of members own erroneous beliefs........'my way or the highway' mentality.

11. (Q) MY LAWYER IN THE U.S. HAS TOLD ME TO APPLY FOR A TOURIST VISA, AND THEN APPLY FOR IMMIGRATION OR ADJUST MY STATUS AFTER I ARRIVE. CAN I DO THAT?

(A) Generally not. Many categories of immigrant visas involve long waiting periods before the visa can be issued. It is generally not possible to spend this period in the U.S.

If you intend to remain permanently in the U.S., attempting to enter on a nonimmigrant visa or under the visa waiver program is not advisable and could result in your involuntary return to Australia. In order to be granted admission on a nonimmigrant visa or under the visa waiver program, you must prove that you have a residence outside the U.S. to which you intend to return, at least temporarily. It is at the discretion of U.S.C.I.S. at the port of entry whether to admit a traveler in that case.

If you are granted entry you can make an application to U.S.C.I.S. for an adjustment of status. If your application is approved, U.S.C.I.S. will give you permission to remain in the U.S. whilst you conclude processing your adjustment of status application. If they reject your application, you will be required to depart the U.S. and apply for an immigrant visa at the U.S. Embassy or Consulate in your country of residence.

12. (Q) CAN I ENTER THE U.S. AND WAIT WHILE THE VISA IS BEING PROCESSED?

(A) Generally not. Many categories of immigrant visas involve long waiting periods before the visa can be issued. It is generally not possible to spend this period in the U.S.

If you intend to remain permanently in the U.S., attempting to enter on a nonimmigrant visa or under the visa waiver program is not advisable and could result in your involuntary return to Australia. In order to be granted admission on a nonimmigrant visa or under the visa waiver program, you must prove that you have a residence outside the U.S. to which you intend to return, at least temporarily. It is at the discretion of U.S.C.I.S. at the port of entry whether to admit a traveler in that case.

If you are granted entry you can make an application to U.S.C.I.S. for an adjustment of status. If your application is approved, U.S.C.I.S. will give you permission to remain in the U.S. whilst you conclude processing your adjustment of status application. If they reject your application, you will be required to depart the U.S. and apply for an immigrant visa at the U.S. Embassy or Consulate in your country of residence.

source

http://usembassy-australia.state.gov/consular/ivfaq.html

And believe it or not.....that is backed up by what any one of you will read on the USCIS website.

Yes I'm having a bad day.

Edited to add.....no Im not in violation of the TOS as I am clearly stating USCIS policy and law and information that is freely available on both their website and on some consulate sites. I in no way encourage illegal or fraudulent activity.

Edited May 8, 2006 by aussiewench

[Captain Ewok 1,872]

I am going to add these FAQ's from Australia's DOS office on this site (good info).