just got married don't know what to do please help

[donnanguyen 0]

hi everyone!!!! so i just got married in oct 2008 and im canadian and my husbands american were trying to apply for a green card so i could go to work!!! im very bored here i currently live in san francisco and im very lost been spending nights reading and still confused please help me and give me some tips on where i should start what papers i need to fill and had in. if anyone has a step by step on what to do after you get married please let me know!!!!! i assume i need to hand in a k3 package??? help.....

[SapphireDreams 71]

What was your intention when you entered the US? Did you enter as a visitor and then just decide to get married? If you this your answer you can just just for AOS (Adjustment of Status). But you have to be able to prove you had no intent to get married when you crossed the border. If you do this, you cannot leave the country until you get your greencard.

Or

If you entered the country with plans to get married,you file for a K3 or CR1 and then you can visit the US until you get your visa (no more than 6 months out of a year).

It's all about your intent. You you entered with no intent to marry and are confident you can prove that (still have a house in Canada or a job etc.) then you can just skip the visa and go straight to a greencard. BUT, you have to be careful with this option because if the intent is blurry and there is a chance you might get caught that is committing immigration fraud.

[donnanguyen 0]

What was your intention when you entered the US? Did you enter as a visitor and then just decide to get married? If you this your answer you can just just for AOS (Adjustment of Status). But you have to be able to prove you had no intent to get married when you crossed the border. If you do this, you cannot leave the country until you get your greencard.

Or

If you entered the country with plans to get married,you file for a K3 or CR1 and then you can visit the US until you get your visa (no more than 6 months out of a year).

It's all about your intent. You you entered with no intent to marry and are confident you can prove that (still have a house in Canada or a job etc.) then you can just skip the visa and go straight to a greencard. BUT, you have to be careful with this option because if the intent is blurry and there is a chance you might get caught that is committing immigration fraud.

ok i don't quit get what u just wrote but i intened to get married when i entered the us. i do still have a car that i am paying for right now in canada and other bills. the thing is if i fill for a k3 how long do u thinkk it would take for a green card and what paper work would i fill out and send in!!!!

[SapphireDreams 71]

OKay so then yes you will need to decide if you want to file for a K3 or CR1 - I'm not that familiar with the differences, but I'm sure others can explain them to you.

At the top of the page there are blue tabs - click on the tab that says "Guides" and then read up on the K3 and CR1 and decide which one would work best for you. The K3 is supposed to be quicker, but I think they take about the same time now.

You're looking at about anywhere from 8-14 months is what I always tell people, maybe more. You'll need to go back to Canada to wait some of it out, get your medical done and go to your interview. All CR1 interviews are in Montreal, K3's are in Vancouver if you live in Manitoba or west and Montreal for any province east of Manitoba.

The guides will be the first step to understanding the process. Then you need to just read up on the forums and get familiar with everything. It took me a couple of weeks to grasp it all.

[donnanguyen 0]

so i just read another option is to go see the consular and they said that would be 1-2 weeks to get a green card!!! i live in vancouver so should i go to the consular in vancouver or does my husband need to go to the consular in san francisco?

[MrsCat 6]

so i just read another option is to go see the consular and they said that would be 1-2 weeks to get a green card!!! i live in vancouver so should i go to the consular in vancouver or does my husband need to go to the consular in san francisco?

1-2 weeks?! surely you jest or you've misread?!

[bluegreen 0]

so i just read another option is to go see the consular and they said that would be 1-2 weeks to get a green card!!! i live in vancouver so should i go to the consular in vancouver or does my husband need to go to the consular in san francisco?

Direct consular filing is for when both the citizen and non-citizen reside outside of the US and both want to come back to live. They can often file directly with the consulate in that country.Like, if you and your partner both lived in england and wanted to come to live in the US, you would go through the consulate there. But it takes more than 1-2 weeks and is not an option for you, as you are both in the US.

[Reba 2]

Unfortunately, if you gave up your job and abode before you left Canada, and entered the US with intent to get married and stay, your best option is to actually return to Canada and wait out the processing of the K3 or CR1. If you were to stay and adjust status, based on whta you've said here, your AOS could be denied and you'd be deported. If AOS from tourist status is denied, you have NO basis for appeal, and then you're stuck in Canada, not even able to visit the US, and then you'd have to start the Canadian process for your husband to move to Canada.

See the guides above for K3 and CR1, pick which one is best for you (CR1 is the superior and cheaper visa to get, however, you will have to travel to Montreal for the interview in about a year's time. Worth the trip IMO.)

[Carlawarla 1]

If your intention when you came to the US was to get married and then apply for AOS (your GC), then you're out of luck in staying here in the US and going this route. Take a deep breath, then read the Guides (tab at the top of this page) to see what type of Visa you want to apply for. You can stay in the US for up to six months at the longest, then you'll have to return to Canada to finish the process. If you haven't stayed six months as of yet, it's best to return now, so that during the process, you can still visit if you want.

While the above is certainly I'm sure not what you want to hear, know that we've heard it before. We can help guide you through the process but you really need to read the Guides here first. Depending on where you are in Canada, the wait until you can move here permanently could take upwards to a year.

Wishing you a speedy journey!

[trailmix 77]

so i just read another option is to go see the consular and they said that would be 1-2 weeks to get a green card!!! i live in vancouver so should i go to the consular in vancouver or does my husband need to go to the consular in san francisco?

The information you have been given here is very good.

The 1-2 weeks 'thing' you have been reading is AFTER the person has gone through the whole visa process for an IR1 or CR1 visa - after that and after the person has moved to the States, it generally takes them about 2 weeks to receive their green card.

[donnanguyen 0]

THANKS EVERYONE FOR THE ADVICE so its april almost may now i havent done anything i was going to hire a lawyer here in californa but they are wanting to charge 5000 for the fees and i havent saved enough yet. anyhow i finally been doing a lot of research and is going to do the k3 visa the only thing is we are starting the paper work now but my stay for 6 months is almost up in a couple days what should i do? also we are planning to file for a i 30 first should i go back to canada while hes doing this and if i do i am scared they might not let me back to the usa. i wanted to come back to canada within the 6 months but everyones been telling me not to come back or i cant reenter back into the usa????

[Flames9_RN 358]

THANKS EVERYONE FOR THE ADVICE so its april almost may now i havent done anything i was going to hire a lawyer here in californa but they are wanting to charge 5000 for the fees and i havent saved enough yet. anyhow i finally been doing a lot of research and is going to do the k3 visa the only thing is we are starting the paper work now but my stay for 6 months is almost up in a couple days what should i do? also we are planning to file for a i 30 first should i go back to canada while hes doing this and if i do i am scared they might not let me back to the usa. i wanted to come back to canada within the 6 months but everyones been telling me not to come back or i cant reenter back into the usa????

Wow, you waited for 6 months, you could have been over half way done by now if you had submitted stuff earlier. Where in Canada do you live? k3 and cr-1 are running pretty close timewise, which makes mores sense to do the cr-1, as it is the "better" visa for most, and it does cost less. But if your in Western canada,the k3 may be a bit more faster, as k3's goto Vancouver. (ALL cr-1 got Montreal, simple as that,lol). And since ur inthe USA and I imagine you had NO INTENTION of staying, but out of the blue you have decided to stay, you could stay and do adjust of status (AOS)

You can file now! Many of us traveled to the USA while the visa process was ongoing and we had no problems. There is a new thread about these travels almost weekly in the Canadian forum,lol Yes no one can gaurentee you that you won't be denied, but majority have no problems visiting the USA. Ensure you have ties to Canada, plus since I'm high on coffee, my FREE personal advice,lol

1) Always tell the TRUTH. never lie to the POE officer

2) Be confident in ur replies

3)keep ur response short and to the point, dont tell ur life story!!

4) look the POE officer in the eye when speaking to them. They are looking for people lieing and have been trained to find them!

5)pack light! No job resumes with you

6) Bring ties to Canada (letter from employer when ur expected back at work, lease, etc etc)

7) Always be polite, being rude isnt going to get ya anywhere, and could make things worse!!

8) have a plan in case u do get denied (be polite) It wont harm ur visa application if ur denied,that is if ur polite and didnt lie! Refer to #1

Best of luck

[Reba 2]

If you got married in October, and you've been here in the US since, you've already overstayed your welcome! You should have gone home last month.

[rexalite 0]

A couple of things - I think you need to spend some time reading the guides to get a basic understanding of the immigration process. You may need to hire an attorney for a few hours consultation to get help on the legal issues, but you don't need to pay $5000 to get the attorney to fill out your paperwork for you. That is not money well spent. You can get tons of great help here on how to navigate the process and how to fill out forms. First you need to educate yourself to know what questions to ask though. It's very complicated.

And as a caveat, people are very knowledgeable here about the administrative process, but when it comes to the legal issues you shouldn't rely on comments here. That's what you should consult a lawyer for. If you educate yourself about the issues, you can then consult a lawyer, get all your questions answered in an hour, and pay less than $300. For eg. even if you entered the US with the intention to marry, that in itself is not a bar to adjusting status. A lot of people here will tell you that you can't adjust status if you had intent to immigrate when you entered the US, but that is not the case. If you have no other adverse factors in your adjustment application, such as criminal records, preconceived intent is not a bar to adjusting status. If you want to remain in the US while your visa is being processed, that is the option you should pick (if you have no other adverse factors).

[Flames9_RN 358]

A couple of things - I think you need to spend some time reading the guides to get a basic understanding of the immigration process. You may need to hire an attorney for a few hours consultation to get help on the legal issues, but you don't need to pay $5000 to get the attorney to fill out your paperwork for you. That is not money well spent. You can get tons of great help here on how to navigate the process and how to fill out forms. First you need to educate yourself to know what questions to ask though. It's very complicated.

And as a caveat, people are very knowledgeable here about the administrative process, but when it comes to the legal issues you shouldn't rely on comments here. That's what you should consult a lawyer for. If you educate yourself about the issues, you can then consult a lawyer, get all your questions answered in an hour, and pay less than $300. For eg. even if you entered the US with the intention to marry, that in itself is not a bar to adjusting status. A lot of people here will tell you that you can't adjust status if you had intent to immigrate when you entered the US, but that is not the case. If you have no other adverse factors in your adjustment application, such as criminal records, preconceived intent is not a bar to adjusting status. If you want to remain in the US while your visa is being processed, that is the option you should pick (if you have no other adverse factors).

If thats the case, next time one comes across without any type of visa, just tell the POE dude that your moving to the USA to stay and see what happens,lol yes, one should never fully rely on immigration boards.