Crazy Question...

[lgg 2]

I'm just wondering, as I've just started this process...

But, let's say we're married, I'm Canadienne and he's american...

Is it possible for me to go down to the US and then file for our papers?

OR

File for our papers and then move down there before they've been approved?

We're going the IR-1/CR-1 route.

Just wondering. Has anyone done it? is it acceptable? I know I wouldn't be able to work for a little bit, but that's okay.

We just don't want to do anything illegal.

I'd search the forums but how does one type that in??

Thanks all...

[Shpat_Argjira 0]

File your papers first then go down there.

[lgg 2]

File your papers first then go down there.

Really?

Hmmm, that's interesting.

If you don't mind, can you direct me to a link or somewhere on this board that'll give me more information?

Yes,I require a bit of spoonfeeding as this is all new to me as of yet.

Thanks a lot for your reply.

[Shpat_Argjira 0]

File your papers first then go down there.

Really?

Hmmm, that's interesting.

If you don't mind, can you direct me to a link or somewhere on this board that'll give me more information?

Yes,I require a bit of spoonfeeding as this is all new to me as of yet.

Thanks a lot for your reply.

Well, you see me waiting here ? I went back home to get married and then came back to the States and filed my papers...that was a mistake I should've filed them first and then went back to get engaged.

Thats a faster process...

Just speaking of what i've heard from plenty of peeps from my country whose cases didnt take as long as mines.

[khaleda 0]

If you file for K1 Visa, it's much more faster. I believe after you are engaged, you come and file the paper works.

[pushbrk 12,824]

I'm just wondering, as I've just started this process...

But, let's say we're married, I'm Canadienne and he's american...

Is it possible for me to go down to the US and then file for our papers?

OR

File for our papers and then move down there before they've been approved?

We're going the IR-1/CR-1 route.

Just wondering. Has anyone done it? is it acceptable? I know I wouldn't be able to work for a little bit, but that's okay.

We just don't want to do anything illegal.

I'd search the forums but how does one type that in??

Thanks all...

You cannot "move" or "reside in" the USA without the appropriate visa. You may visit. Leave your household goods in Canada until you have an appropriate visa allowing you to immigrate to the USA and don't overstay any allowed time given to visit or stated intended visit time.

[cmnb 0]

I'm just wondering, as I've just started this process...

But, let's say we're married, I'm Canadienne and he's american...

Is it possible for me to go down to the US and then file for our papers?

OR

File for our papers and then move down there before they've been approved?

We're going the IR-1/CR-1 route.

Just wondering. Has anyone done it? is it acceptable? I know I wouldn't be able to work for a little bit, but that's okay.

We just don't want to do anything illegal.

I'd search the forums but how does one type that in??

Thanks all...

You cannot "move" or "reside in" the USA without the appropriate visa. You may visit. Leave your household goods in Canada until you have an appropriate visa allowing you to immigrate to the USA and don't overstay any allowed time given to visit or stated intended visit time.

on a side note, i have talked to 3 immigration attorneys and they DO NOT recommend u coming to the states while your I-130 petition is pending...if this officer at POE feels that u r going to stay behind and adjust status, he/she has the right to send u back even if u have a valid tourist or any other visa on hand...this would b considered as deportation and may have a negative effect on ur application.

[cantwait2long 0]

I'm just wondering, as I've just started this process...

But, let's say we're married, I'm Canadienne and he's american...

Is it possible for me to go down to the US and then file for our papers?

OR

File for our papers and then move down there before they've been approved?

We're going the IR-1/CR-1 route.

Just wondering. Has anyone done it? is it acceptable? I know I wouldn't be able to work for a little bit, but that's okay.

We just don't want to do anything illegal.

I'd search the forums but how does one type that in??

Thanks all...

You can go to US anf file for AOS. That is way faster. An Italian girl working as a trainee in my office who was on a student visa married her fiancee in Italy and then came back to USA. She filed for AOS and got her interview in just 2 months.

I agree with cmbn.

If you have filed your I-130 then you stay back in Canada.

[Chica Yeyé 41]

I'm just wondering, as I've just started this process...

But, let's say we're married, I'm Canadienne and he's american...

Is it possible for me to go down to the US and then file for our papers?

OR

File for our papers and then move down there before they've been approved?

We're going the IR-1/CR-1 route.

Just wondering. Has anyone done it? is it acceptable? I know I wouldn't be able to work for a little bit, but that's okay.

We just don't want to do anything illegal.

I'd search the forums but how does one type that in??

Thanks all...

Like pushbrk said, it is not possible to actually move; though you can visit for the alloted times. Be careful with this -- check out the Canada forum it's a really neat place and people have tons of experience there.

Since it's a CR-1, you will be going through the Montreal consulate like we did.

Good luck!

[KimandRuss 0]

on a side note, i have talked to 3 immigration attorneys and they DO NOT recommend u coming to the states while your I-130 petition is pending...if this officer at POE feels that u r going to stay behind and adjust status, he/she has the right to send u back even if u have a valid tourist or any other visa on hand...this would b considered as deportation and may have a negative effect on ur application.

This is untrue.

It is up to the beneficiary to prove there is no intent to immigrate at POE by showing ties to his/her own Country. Many people visit while awaiting spousal/fiance visa's with no problem.

When you are refused entry for something like this you are "allowed to withdraw your petition to enter the US". You are NOT considered deported and it has NO negative effect on your petition.

Overstays... misrepresentation... etc.. those are the things that get you in trouble.

You got good advice otherwise.

[KimandRuss 0]

You can go to US anf file for AOS. That is way faster. An Italian girl working as a trainee in my office who was on a student visa married her fiancee in Italy and then came back to USA. She filed for AOS and got her interview in just 2 months.

I agree with cmbn.

If you have filed your I-130 then you stay back in Canada.

cept this...

You can not come into the US on a student visa with the intent to immigrate. You can not simply marry in another Country and bring your spouse home with you. DCF (Direct Consular Filing) requires the the US citizen resides in that Country for some time first. The Adam Walsh law enacted last year changed everything and some Consulates haven't even figured out the new process yet. Either way it's a waiting game. Do you think we're all here waiting because there's a simpler way???

At the AOS intverview (which many of us filing through the proper channels will never have because we are going about this the 'right' way) it is up to the beneficiary to prove that there was no intent upon entry. Coming in on any other visa and marrying will put you under more scrutiny to begin with..and this is where it gets sticky.... this is where you are subject to a ban from the United States.

This is why we don't recommend breaking the law in an open forum. It is against the Terms of Service.

Edited August 7, 2008 by KimandRuss

[lgg 2]

Thanks everyone for your responses, much appreciated.

I'd only be looking to go down to visit while the paper work was pending -- I'd be sure to bring all documents proving that with me.

I was just wondering.

Thanks a lot.

[Chica Yeyé 41]

Thanks everyone for your responses, much appreciated.

I'd only be looking to go down to visit while the paper work was pending -- I'd be sure to bring all documents proving that with me.

I was just wondering.

Thanks a lot.

You would need to prove ties to Canada, like rent, property, pay stubs, letter from employer expecting your return, etc. And even then, entry is not guaranteed. The border officer might let you in one time, deny you the next.