Canadian marrying US military

[BradnKim 0]

Just so you are clear about this... Once you leave the US unmarried then you will HAVE to go the CR1 or K-3 route which will take approx. a year. (you can visit the US while waiting)

If you get married now, then you can stay here and file AOS... you just cannot return to Canada until you have your AP (otherwise you won't be let back in the US)

If it was me, I would stay in the US and do AOS, since you are already here.

It's a long haul being apart from your spouse while you wait for your visa or greencard. (goind CR-1 or K-3 route)

January 26th I came to visit my now fiance for 10 days for the first time after getting to know him online for 7 months. Who would have known, we fell instantly in love and a few days later we were engaged. The day before I was to go back, I called the airline to see if I could rebook my flight a bit later as I obviously now wanted to spend some more time here. Next thing I know, they have cancelled my flight without me knowing because of miscommunication. It wasn't a big deal though, because it was going to be cheaper for me to miss that flight and book a new return one-way or return ticket. I was laid off December 19th and that's what gave me the time to come here. I was in no big rush to get back because the local transit was on strike (they are now bck to work as of next Friday) and I had no way to get around to find a job. Before I left, I applied for EI.

Now, I'm confused and worried. I've been doing research and trying to figure out what to do. My fiance is in the US Military, currently stationed in Georgia. What kind of problems is this going to cause for EI? What is the best way for me to get married? K1 or CR1? We just want to get married as soon as possible so we can be together.

[Neophyte282 0]

Well I spoke with my soon to be hubby and we are getting married here sooner than anticipated.

This AoS CR1 thingy is what's confusing me. I'll have to research a bunch, thanks everyone.

[Neophyte282 0]

I do have another question.

I am reading that you need "permission" to get married otherwise you may get deported when applying for a visa. Where do I get this permission from?

[Krikit 1,163]

I do have another question.

I am reading that you need "permission" to get married otherwise you may get deported when applying for a visa. Where do I get this permission from?

WHAT?!!!!! Okay, provide the link. Honestly. Where do some people get their information from? No, you don't need "permission" to get married..... unless, of course, you are underage.

[thetreble 19]

permission? Man..that would suck.

[Neophyte282 0]

It's just random things I'm reading around the internet. I'm going to assume it's if maybe the person has overstayed or something...

[trailmix 77]

It's just random things I'm reading around the internet. I'm going to assume it's if maybe the person has overstayed or something...

No, no such thing. No wonder you are confused! I suggest you stick to Visa Journey

[Kathryn41 3,205]

Just to clarify. . .

If you are in the US and getting married and won't be returning to Canada right away, you will apply to adjust your status (AOS) which means you are requesting the US government to change your official status from visitor to permanent resident. You also need to request permission to work (EAD) and to travel (AP).

If you are going to return to Canada and not stay in the US, then you need a visa to be allowed to return to the US and stay permanently.

a)If you are not married, you request a fiancee visa (K-1 non-immigrant visa) which is permission for you to enter the US, get married within 90 days, and then apply to adjust status from a K-1 fiancee non-immigrant to permanent resident. You need to apply for permission to work (EAD) and permission to travel (AP).

b)If you are married but not able to stay in the US you have the choice of two different visas - a K-3 non-immigrant visa or a CR-1 immigrant visa.

1. The K-3 visa is permission for you to enter the US and live here for 2 years during which time you would apply to change your status from a K-3 non-immigrant to a permanent resident. You would also need to apply for permission to work (EAD), but you would not need permission to travel.

2. A CR-1 is an immigrant visa. It is processed in Canada and when you cross the border you activate the visa which activates your status as a permanent resident. You do not need permission to work or to travel

All of these processes are initiated by the US citizen fiance or spouse. If it is for a fiance visa he files an I-129f petition. If it is a CR-1 he files an I-130 petition. If it is a K-3 he files both the I-130 and the I-129f petitions.

If you are doing AOS from the US immediately after getting married having entered as a visitor, he would file the I-130 at the same time you file the I-485 (AOS), the I-765 (DAD)and the I-131 (AP).

There, clear as mud, right?

[Neophyte282 0]

..totally.

Thanks, that really clarifies things.

[Kathryn41 3,205]

Oops - just noticed a typo - the I-765 is an EAD, not a DAD, hehehe! (although I am sure DAD is a lot of work too, you don't need a visa for it!)

[Reba 2]

If you're going to stay and do AOS, you can have your parents ship some of your clothes down. If you are going to stay and do AOS, DO NOT LEAVE the US until you have your green card in your hot little hands!

If your fiance lives on base, there should be a lawyer there who may be able to help out some.

[Neophyte282 0]

When I'm filling out my forms, is my name going to be my maiden or married name (we just got married on Tuesday and all my ID other than my new military ID has my maiden name on it)?

[TheATeam 0]

That's entirely up to you. I put my married name on the forms so that my greencard and everything would come in my married name and I wouldn't have to pay for a change later. They'll ask you on the forms for your maiden name as well so they'll both be on there.

By the way, what did you decide to do? File for AOS?

[Neophyte282 0]

I'm doing the AoS. I'm filling out the I-130, I-485 and I-765 along with the I-131.I really think I need to take these papers to someone, I'm really confused with some of the questions. Like when it asks for info on the I-94. All my passport says is date of entry Jan 16, 2009 and I am given a B2 visa. I know they say it's 6 months I can stay, but I don't know the exact date when it will expire. It asks for an employer and I don't have one. I applied for EI and they are trying to tell me I don't qualify but I know I have enough hours when they say they don't.. so I guess I just leave that area blank. And when it comes to addresses, I'm not too sure whether i should put my US address where I will be living on all of them or my one in Canada. Some fields specify for the Canada or US one, others don't. It asks if we are married where we last lived together, and that is where I am now (we rented an apartment and I can't put my name on the lease until I have a SSN) so I'm not sure if I should put that since my status is still visitor. And the eligibility categories for the I-765... I have no idea where to find that.

This takes me to the evidence of Bonifide marriage. Since I can't go on the lease, I can't use that. But I have been buying stuff for the apartment and paid for part of the deposit for the lease... maybe I can use that for proof... ack, so overwhelmed!

Oh ya, does my husband need a copy of his birth certificate or SSN card? He can't find them.

Edited February 14, 2009 by Neophyte282

[Ontarkie 14,140]

Congrats on the marriage, and good luck with the AOS.

Take your time reading the papers a few times and you should be fine, plus theres lots of ppl to help answer all your questions. And the guides are great I had to look at them aften to make sure i was reading things right.