Help!!

[Tricia118 0]

Hi, My name is Patricia. I'm a Canadian citizen who fell in love with a U.S citizen.

We've been together over a year now, and We're engaged!!!

I've been here since December, on a vacation. And I have to leave in June. Being apart is really stressful for the both of us, because we just love to spend every moment together, and the time difference is crazy. So my question? We want to know the quickest and easiest way possible to get me here for good. Would it be smarter to just get married now, and then file for the spouse visa? Or to file for the Fiancee visa? We've done so much research and everything but we always get different answers. We also seen a lawyer for a free consultation and he said that if we were to get married and file, I wouldn't have to leave the country come June. But then I read I would have to. We're so confused, Will someone please help?

[Darnell 8,478]

note the difference between 'filing for a visa'

and

'filing for an adjustment of status'

then

refactor your plans.

Good Luck !

[Daniel&Theary 30]

The same thing happened with myself and my ex wife (from Mexico). As long as you did not move here with the intent to marry You can file for and adjustment of status along with the 130 once you receive notice of receipt you should be able to stay (she was) and I do have a friend who married a guy from Columbia that was he was allowed to stay also. As long as you come legally and did not plan to marry when you came here you should be ok

[bigdog 376]

K-1 faster 6/7 months then apply for adjustment after marriage, but if you get married and apply as married, You will come to USA with green card IE. 10 months and done. i would look at the Cabadian postings to see the issues and times to do it either way. Be careful on your inteet issues visa to marriage. Good Luck.

[Moomin 292]

Your intent(or lack thereof) is important - if you didn't have immigrant intent when you crossed the boarder, things changed and now you wish you stay, then your lawyer is right. You cannot leave the US until your AOS(or Advanced parole) has been approved. But you can't adjust your status from within the US as a fiancee, you have to be married to do so. You'll have to find a panel physician(for the medical) in the US, that's on USCIS's list.

Most of us on VJ have spend months apart - it is very frustrating, I agree. However, you're allowed to visit your fiance and the other way around no matter what petition you file(fiance or spouse petition) during the waiting. That means you can visit again until it's time for the medical/interview and gathering your documents/until your lawful stay is up. However, it's up to the CBP officer to determine whether or not you show immigrant intent when trying to get into the US.

There's a forum here - Adjusting from tourist visas etc. Try looking at that, or the guide on VJ.

Welcome to VJ!

[Tricia118 0]

The same thing happened with myself and my ex wife (from Mexico). As long as you did not move here with the intent to marry You can file for and adjustment of status along with the 130 once you receive notice of receipt you should be able to stay (she was) and I do have a friend who married a guy from Columbia that was he was allowed to stay also. As long as you come legally and did not plan to marry when you came here you should be ok

Okay, thank you very much! I didn't plan on marrying when I first came, but how would I go about proving that?

[Tricia118 0]

Your intent(or lack thereof) is important - if you didn't have immigrant intent when you crossed the boarder, things changed and now you wish you stay, then your lawyer is right. You cannot leave the US until your AOS(or Advanced parole) has been approved. But you can't adjust your status from within the US as a fiancee, you have to be married to do so. You'll have to find a panel physician(for the medical) in the US, that's on USCIS's list.

Most of us on VJ have spend months apart - it is very frustrating, I agree. However, you're allowed to visit your fiance and the other way around no matter what petition you file(fiance or spouse petition) during the waiting. That means you can visit again until it's time for the medical/interview and gathering your documents/until your lawful stay is up. However, it's up to the CBP officer to determine whether or not you show immigrant intent when trying to get into the US.

There's a forum here - Adjusting from tourist visas etc. Try looking at that, or the guide on VJ.

Welcome to VJ!

Yeah, My intent was just to stay for six months, but then we decided on getting married! Thanks for your help!

[JimVaPhuong 4,863]

Okay, thank you very much! I didn't plan on marrying when I first came, but how would I go about proving that?

It's not illegal to enter the US with the intention of getting married. It's illegal to enter the US with a non-immigrant visa or entry pass if you have the intent to become an immigrant (i.e., get a green card) before leaving. Most non-immigrant visas or entry passes don't permit you to have immigrant intent at the time you enter the US, though there a few that do permit it. Many people seem to confuse this with intent to MARRY, which is actually perfectly legal.

Anyway, you don't have to prove you didn't intend to immigrate when you entered the US. USCIS would need to have evidence that you DID intend to immigrate. For example, if you got pulled into secondary inspection crossing the border and they happened to find a wedding gown and a copy of your birth certificate in your luggage then that would be pretty compelling evidence of immigrant intent. The CBP would, at the very least least, note something like this in your electronic file, presuming they didn't turn you around and send you back into Canada.

They don't deny adjustment of status for immigrant intent alone. It's simply not a serious enough factor. They'd need something more compelling, such as if they had evidence you intended to immigrate, and had further evidence that you lied to the CBP officer about your intentions.

Actually, people enter the US every day with a non-immigrant visa even though they intend to adjust status while they're here. Many immigration lawyers will even recommend it since the chances of the green card being denied on that basis is relatively small. Even so, it IS illegal, and nobody on this site will recommend you do anything illegal.

It doesn't sound like you planned to take this course when you entered the US, so it's extremely unlikely they have any evidence that would indicate otherwise. Get married and file for a green card. Congratulations, and welcome to the US!

[Daniel&Theary 30]

Okay, thank you very much! I didn't plan on marrying when I first came, but how would I go about proving that?

They asked her at the interview and she said no lol that was it