Married in the US not sure what to do

[amarie 0]

Hi,

Sorry if I posted this in the wrong spot I'm very new to this and very confused. I came to the US for a visit and ended up marrying my long time family friend. We have been married for a couple weeks now and I have no idea what my next step is. He is American and I am Canadian. What is the first step we have to take?? Is there a chance I'll be sent back to Canada?? We didn't expect for this to happen and the whole thing has been overwhelming and now we're really afraid. Thanks

[Krikit 1,163]

Amarie, I am going to move your thread to the Canada forum so it doesn't get lost here. There are lots of people there who have gone through the same thing and there are particular processes which are specific to Canadians.

Welcome to VJ!

[cherylc522 0]

I believe the correct process for you, seeing as you are already in the US and married, would be to apply for AOS right away, this would be the I-485 form and you can find all the related forms here http://www.visajourney.com/forums/index.ph...p;page=examples

this will get you a work permit and eventually your green card, im sure others will add more for you, but that gives you some place to start welcome to vj

[~Laura and Nick~ 5]

Since there was no intent upon entering and you are married, don't go back home.

File for AOS

Congratulations!!!

[Flames9_RN 358]

As others have stated, you can go the AOS route, BUT don tleave the USA until you have achieved AOS or obtained Advance parole (AP) Leavign the USA is no proble, BUT the problem may be reentering the USA!!

OR

you could immediately start the k3 or cr-1 process. But if you are able to stay in the USA (no obligations back in Canada) then AOS is probably best. I do believe you are unable to legally work in the USa at this time. Best of luck, and welcome to VJ

[amarie 0]

Thank you all so much. We are going to start the I-485 process right away. My next question is should we get a lawyer?? Thanks again.

[Chica Yeyé 41]

Most folks on VJ do it solo. It is a very upfront kind of thing-- and you will find a LOT of info!

Good luck and congratulations on le marriage!!!

[Flames9_RN 358]

Sit down and READ VJ!! Lot of FREE info here. At the top of each forum are stickies with piles of great info. Lawyers do NOT speed up the process. For simple cases, which the majority are, they are $$$$$ proof readers. YOU still have to gather all the required documents (long form birth cert., police check, etc etc) and you have to give them the required information. They have NO clue what your birthday is,lol so guess what, YOU end up filling out the forms, and they proof read them. We used a lawyer (had not found VJ) and she cost us $2500 plus filings. Oh well!

[badspellor 0]

Check out this forum: http://www.visajourney.com/forums/index.php?showforum=130

That's for people in your situation, adjusting status from visitor. As others have mentioned, DON'T LEAVE the US, not even once after your marriage for even a few minutes or you'll have to go a different route i.e. K3 or CR1 where you'll have to wait outside of the US for months and months. Wait until your AOS and AP goes through before you leave if you can. It'll make it much quicker and easier on yourself if you do.

Oh and here's the AOS guide:

http://www.visajourney.com/forums/index.ph...page=i130guide2

Edited July 9, 2008 by badspellor

[cherylc522 0]

lawyer isn't cheap, if you have the money, its up to you really, but doing it on your own isn't so bad, i thought i would go crazy trying to do it on my own but any questions you have vj can answer and everyone here is so helpful that its almost a waste of money to get a lawyer lol

[Flames9_RN 358]

Check out this forum: http://www.visajourney.com/forums/index.php?showforum=130

That's for people in your situation, adjusting status from visitor. As others have mentioned, DON'T LEAVE the US, not even once after your marriage for even a few minutes or you'll have to go a different route i.e. K3 or CR1 where you'll have to wait outside of the US for months and months. Wait until your AOS and AP goes through before you leave if you can. It'll make it much quicker and easier on yourself if you do.

if one does end up going the k3 or cr-1 route, you still have the chance of visiting ur USA spouse. Many do travel to the USA while the visa is pending, I traveled to DC monthly with no problems, but a few do get stopped at the border and told to head back to canada!

But if ya AOS, DONT LEAVE until you have the paperwork completed!!!!!

[pegbert64 0]

Lawyers do NOT speed up the process. For simple cases, which the majority are, they are $$$$$ proof readers.

Or in our case, WE were the proof readers for our attorney! I can't believe the number of mistakes that were made, not to mention that we had two RFE's for dumb things (things that our well-paid attorney should have asked us to submit in the first place). Still, at the time, it made me feel better to have an attorney, because I didn't know anyone who was in my situation (same as OP), and I hadn't found VJ yet

To the OP: welcome! I have been down your road (Canadian visitor who fell in love and got married while in the US). I now hold the not-so-green green card in my little hand.... so if you have any questions, I or many others would be very happy to help you out.... especially regarding initial entry and intent (I assume you did not get an I-94, nor have your passport stamped?)

L <------- heading to Canada this weekend, for the first time in over 2 years! Get my box of Timbits ready!!

[badspellor 0]

lawyer isn't cheap, if you have the money, its up to you really, but doing it on your own isn't so bad, i thought i would go crazy trying to do it on my own but any questions you have vj can answer and everyone here is so helpful that its almost a waste of money to get a lawyer lol

Filing AOS is different because its harder to prove that your intent in coming to the US was really to just visit and to not get married and/or immigrate and proving that it is a bonafide marriage at the same time. Failure to do so can cause the immigrant to be barred from the US! This is why some reccommend a lawyers assistance but $2k-$3k is a lot of money to blow. Some on here who have hired lawyers have found that the lawyers weren't following up on their case and through VJ the applicant became more knowledgable than their lawyer about the process. Of course this isn't always the case, but if you do hire one, make sure they're reputable!!

[LadyJane 1]

Congratulations!

(There's nothing else I can add to the great advice you've been given)

[k34 0]

Wow! Sounds like an interesting story!

Congratulations and GOOD LUCK!!!!

I am glad I didn't know about that option before now... we would have been seriously tempted... and screwed as far as proving no intent, in our case