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Canadian in US on B2 Tourist Visa Wanting To Marry American Fiancee

By sugarhips in IR-1 / CR-1 Spouse Visa Process & Procedures

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sugarhips Rookie

sugarhips   0

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Filed: Country: Canada
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I am a Canadian who came to the US on a B2 to visit my girlfriend. I had no intentions of staying permanently but we have since decided we would like to get married. I've been reading on different options and what not before getting married and somehow screwing ourselves over immigration wise, but the information I've researched is a bit confusing. We were thinking of getting married in the US and then once I get back to Canada, filing the I-130 CR1. My question is, will it be a high possibility that the petition would be denied because I was here on a B2 visitor visa? I know there is the option of the K1, but don't see the reason to put off marrying each other when we are ready now and also the CR1 seems like it would cost alot less and give us time to save up for the AOS. Any help or advice would be appreciated. Also, if my girlfriend had a domestic violence run in with the law 5 years ago, would that play any part in their decision or is it strictly based off my history, where I have a completely clear record?

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Boiler Grand Master

Boiler   44,868

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Filed: K-1 Visa Country: Wales
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What issues do you have that required the B2?

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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Boiler Grand Master

Boiler   44,868

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Why did you have to get a visa?

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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sugarhips Rookie

sugarhips   0

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Why did you have to get a visa?

I am probably going to sound like a moron, but I came to the US through a stamp on my passport that is allowing me to stay for 6 months. It was a spur of the moment decision to come to the US. I just assumed from what I have been reading online that it was a B2.

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Boiler Grand Master

Boiler   44,868

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That makes life simpler. You had no visa.

Most people in your situation in the US would get married in the US and adjust status.

Is there a particular reason you want to go the CR1 route?

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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sugarhips Rookie

sugarhips   0

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That makes life simpler. You had no visa.

Most people in your situation in the US would get married in the US and adjust status.

Is there a particular reason you want to go the CR1 route?

Just that the stamp expires in a month and would not be able to get the $1000+ to file AOS within the month :( If I had it, that would make life ALOT simpler. But I've also heard of people being here as visitors and getting married having issues when filing AOS because they were here visiting when they got married.

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sugarhips Rookie

sugarhips   0

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Apparently, he just told me that his passport stamp actually has Class:B2 on it. He didn't apply for anything but when he went through customs at the airport, they asked what his purpose was and he said to visit his girlfriend and for a vacation. He then said the guy stamped his passport and he was on his way... :sigh: :( Btw, I'm the fiancee responding to his original post :D

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Done--Really Proficient

Done--Really   331

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If he came without intent to marry, and his passport shows that he was inspected on entry, you can get married and start the AOS process here. Even if you start it after his 6-month stay becomes an overstay, the overstay will be forgiven. The key is that he MUST NOT leave the US under any circumstances or the entire process is out the window.

If he must return to Canada, then get marreid and file for a CR-1 visa. The chances are very good that he will be able to visit during the process, but not 100%. No reason to mess with a K-1 that I can see.

Edited by magical
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sugarhips Rookie

sugarhips   0

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If he came without intent to marry, and his passport shows that he was inspected on entry, you can get married and start the AOS process here. Even if you start it after his 6-month stay becomes an overstay, the overstay will be forgiven. The key is that he MUST NOT leave the US under any circumstances or the entire process is out the window.

If he must return to Canada, then get marreid and file for a CR-1 visa. The chances are very good that he will be able to visit during the process, but not 100%. No reason to mess with a K-1 that I can see.

Thanks for the advice. We're weighing the options. Wish it wasn't quite so difficult to just be together lol. Still a little curious about her record and any bearing it may have on the process. Like I said, I have a clean record and am the foreign citizen, but she had a domestic violence case 5 years ago. Does anyone know about this?

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sugarhips Rookie

sugarhips   0

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If he came without intent to marry, and his passport shows that he was inspected on entry, you can get married and start the AOS process here. Even if you start it after his 6-month stay becomes an overstay, the overstay will be forgiven. The key is that he MUST NOT leave the US under any circumstances or the entire process is out the window.

If he must return to Canada, then get marreid and file for a CR-1 visa. The chances are very good that he will be able to visit during the process, but not 100%. No reason to mess with a K-1 that I can see.

Also, if anyone knows anything about the affidavit of support requirements and how they are calculated or if it's on a case by case basis. Based on her last 3 federal tax forms, 2008 exceeded the 125%, 2009 was about $1000 short of the 125%, and 2010 fell short quite a bit because she was unemployed for part of the year. She is still unemployed but about to start a job that based on the hourly rate would put her at a yearly rate that would be above the limit. We don't know if this is an absolute thing or something they work with. It's pretty hard to find someone who would take on the contractual obligation of the affidavit of support :/

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keysjangle Rising Star

keysjangle   145

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Filed: IR-1/CR-1 Visa Country: Canada
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I'd imagine as long as she wasn't the offender it wouldn't be much of an issue.

USCIS

Jul 15/11 - Sent I-130 Package from Honolulu

Jul 18/11 - I-130 package received & signed for in Chicago
Jul 19/11 - Priority Date
Jul 21/11 - NOA1/USCIS Acceptance Confirmation received
Jul 29/11 - Received I-797C hard copy
Aug 4/11 - Touched
Feb 16/12 - NOA2 Approval (212 days since Priority Date)


NVC

Feb 28/12 - NVC Case Number, BIN & IIN Assigned, Optin E-mail for EP Sent

Mar 2/12 - DS-261 Submitted
Mar 5/12 - Electronic Processing Opt-in Accepted, AOS Invoiced & Paid
Mar 7/12 - NVC receive IV electronic package, AOS shows "Paid", AOS Package Sent
Mar 9/12 - IV Bill Invoiced & Paid
Mar 12/12 - AOS fee shows as "Not Paid - Rejected": Human error. AOS re-paid.
Mar 13/12 - IV is "Paid." Will have to be re-paid post imminent "Rejected" status. NVC e-mail "Checklist Cover Letter" asking for my $$$
Mar 14/12 - IV is "Rejected - Not Paid", Re-paid, AOS is "Paid"
Mar 16/12 - IV is "Paid", DS-260 submitted & Package sent
Mar 19/12 - IV Package Received
Mar 20/12 - Case Complete E-mail Received (21 days at NVC)


Final Steps

Apr 10/12 - Interview date assigned: May 9 @ 8:30AM

May 1/12 - Medical Date
May 9/12 - Interview result: Approved!
Jun 22/12 - POE
Jul 23/12 - SSN assigned
Aug 10/12 - Green card in hand

ROC

Mar 25/14 - ROC sent to CSC

Mar 28/14 - Package delivered to CSC

Apr 1/14 - Check cashed

Apr 3/14 - Received NOA1, Receipt Date: 3/28

Jun 15/14 - Move to San Diego

Jun 23/14 - RFE / Package sent: Aug 6, ETA Aug 8

Aug 22/14 - New Card in Production

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Boiler Grand Master

Boiler   44,868

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Filed: K-1 Visa Country: Wales
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Also, if anyone knows anything about the affidavit of support requirements and how they are calculated or if it's on a case by case basis. Based on her last 3 federal tax forms, 2008 exceeded the 125%, 2009 was about $1000 short of the 125%, and 2010 fell short quite a bit because she was unemployed for part of the year. She is still unemployed but about to start a job that based on the hourly rate would put her at a yearly rate that would be above the limit. We don't know if this is an absolute thing or something they work with. It's pretty hard to find someone who would take on the contractual obligation of the affidavit of support :/

You are misunderstanding the I 864. The Numbers are the numbers, you qualify or you do not. And it is current income that counts.

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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