We got married now what?

[Phallon 0]

Hello everyone,

On Friday March 23, 2007 I married the man of my dreams. He is from Canada and will be returning to Canada on Sunday. I have a few questions. Can he visit me in the US while we are going through this process or does he have to remain in Canada. He has a Canadian passport. We are also considering having myself and my daughter move to Canada but depending on how his family reacts to our news he may have to come back here. Will he be allowed to cross the border on his passport or are we doomed to be apart for the 18 months it will take the US process to do it's thing. I do not want to be apart from him.

Thanks,

Phallon

[YuAndDan 153]

There is no restriction on visiting during the process, the benificiary just needs to show strong ties back home, and a reason to return home.

[Phallon 0]

How long will it be before he can stay here with me in States. I know his passport will allow him to stay for at least 6 months but not sure if we will have what we need in order for him to remain while the paperwork is still underway. I don't understand this system very well at all. Does he have to remain in Canada the entire 18 months or so? Is there a time he's allowed to come stay with me?

Phallon

[Yodrak 7]

Phallon,

He can visit the USA, he cannot take up residence in the USA. If it gets to the point where he is spending as much or more time in the USA than he is spending in Canada, a determination that he is no longer visiting is imminent.

Yodrak

How long will it be before he can stay here with me in States. I know his passport will allow him to stay for at least 6 months but not sure if we will have what we need in order for him to remain while the paperwork is still underway. I don't understand this system very well at all. Does he have to remain in Canada the entire 18 months or so? Is there a time he's allowed to come stay with me?

Phallon

[Phallon 0]

So in other words we must live apart for how ever long it takes? So you suggesting that he only visit for a few months at time and then return? I'm just confused because when it comes to interview time he must do it here in the States but if he doesn't have a visa how can we do the interview? Or is the 18 months for the entire process? How long before we can have him come over here to be with me? ie. 6 months, 12 months etc.

Phallon

[Yodrak 7]

Phallon,

Your post is very confusing.

- visa interviews are never done in the USA

- where did you get 18 months for "the entire process"?

Yodrak

So in other words we must live apart for how ever long it takes? So you suggesting that he only visit for a few months at time and then return? I'm just confused because when it comes to interview time he must do it here in the States but if he doesn't have a visa how can we do the interview? Or is the 18 months for the entire process? How long before we can have him come over here to be with me? ie. 6 months, 12 months etc.

Phallon

[TimsDaisy 0]

Is there a reason you can't begin the adjustment of status process right now? If you're married and he is here. Does he need to go home?

[Phallon 0]

Okay let me start again. My boyfriend came down from Canada to visit me on his Passport and while he was here we decided that we didn't want to live our lives without each other so we decided to get married. He came over on a round trip Airline ticket and is scheduled to return home this Sunday. He has a job there and his belongings are there so yes he does need to return home.

What I wanted to know is if:

1. He absolutely needs to return home?

2. Do we have to live apart?

3. How long does the process take before he can stay here with me. (I was under the impression the entire process from start to finish was around 18 months, if I'm wrong please tell me.)

4. Will he be able to come to visit me on his Passport?

Hopes this clears up the confusion.

Phallon

[Yodrak 7]

Phallon,

1. You answered this question yourself in your post.

2. Given your answer to #1, yes you have to live apart until he gets a proper visa to relocate to the USA.

3. How long the process takes depends on many factors, including

- which Service Center processes the petition.

- which consulate processes the visa application

- is there a 'bad boy' who's name is similar to the visa applicant's name that causes a hit in a data base that needs to be cleared

Check the timelines for the appropriate SC and country to get an idea of the range, my sense is that 18 months is atypically long these days.

4. Probably, as long as he doesn't visit too often and for too long

Yodrak

Okay let me start again. My boyfriend came down from Canada to visit me on his Passport and while he was here we decided that we didn't want to live our lives without each other so we decided to get married. He came over on a round trip Airline ticket and is scheduled to return home this Sunday. He has a job there and his belongings are there so yes he does need to return home.

What I wanted to know is if:

1. He absolutely needs to return home?

2. Do we have to live apart?

3. How long does the process take before he can stay here with me. (I was under the impression the entire process from start to finish was around 18 months, if I'm wrong please tell me.)

4. Will he be able to come to visit me on his Passport?

Hopes this clears up the confusion.

Phallon

Edited March 27, 2007 by Yodrak

[Robor007 0]

I can't answer the first 2 questions as they involve 'intent to marry' and it sounds like a gray area in this situation.

3. A K-3 would probably be well under 18 months (assuming everything goes smooth). My wife is from the Philippines and from filing the I-130 paperwork to interview date is less than 6 months. That's through the busy California Service Center and busy Manila embassy.

4. Probably yes but it all depends on the ties to home. If your hubby has enough proof to convince the border patrol agents that he's only here on a visit then he should be able to visit you.

Edited March 27, 2007 by Robor007

[Phallon 0]

Okay so do I start with the I-130 or do I have to file the I-129 first?

Phallon

[Yodrak 7]

Phallon,

Guides. Visa FAQ. Take a look at the forms themselves.

And understand that I-129 is a petition for an alien worker.

Yodrak

Okay so do I start with the I-130 or do I have to file the I-129 first?

Phallon

[CutienPurg 0]

1st off, congrats on your recent marriage!!!

now for the meat of the matter.......

if you boyfriend , now husband, came to visit you for the sake of visiting and spending time and then on an emotional whim you chose to run and get married , then he can stay and Adjust Status. His lack of intent to immigrate will need to be proven and seemingly with a return flight ticket a job and personal effects left behind , he would have a strong enough case to show he had no intention of staying.

NOW , that being said, the question you need to ask yourself is if he can stay for other reasons. Until he obtains authorization to work , he cannot work in the US. Until he obtains Advanced Parole , he cannot return to Canada or leave the US.

Assuming Adjustment of Status isn't an option, your next choice is k-3 or CR-1. For the k-3 if your consulate ( based on your location in Canada) is Montreal then it can be a somewhat long process but certainly not 18 months. Barring any complications you could reasonably expect the k-3 process to be done within a year. Ours went along the long side of processing and will have taken 8 months( from mailing the I-129F to interview)If your consulate is Vancouver it can be done in a very reasonable time frame......again barring any complications. For the CR-1 you have no choice but to be interviewed at Montreal and the time-frame on that could be again , up to a year but if I had to bet I would wager on more like 8- 9 months at most.

At the top of the page is a link to the time-lines, filter for Canada and show all visa types. Do your homework .......read the guides and then choose whether to go CR-1 or K-3......the odds are not good that you can pursue both.

Good Luck

[Phallon 0]

Cutien,

Thanks for the reply. He came over here on his Canadian Passport so is an adjustment of status doable? If it's not the next question is we file the K-3, that part I get. Can he visit me while we are going through the K-3 process since he holds a vaild passport?

Another question is that if he goes back on Sunday which is the date of his return flight ticket cause he has work on Tuesday, say he decides to come back on a visit again and then can we file for the Adjustment of Status. I know that he's allowed to stay for at least 6 months on his passport. My passport is in process and so is my daughter's (whom he will be adopting once the immigration stuff is done) so then we can go see him as well.

Sorry if my posts are confusing we are just trying to figure out what needs to be done and make sure it's done correctly.

Thanks,

Phallon

[sunset2005 0]

since you are married, you will need to file the I130 first and after you receive your NOA, then file the I129F for the K3- Best of Luck!!!!

Cutien,

Thanks for the reply. He came over here on his Canadian Passport so is an adjustment of status doable? If it's not the next question is we file the K-3, that part I get. Can he visit me while we are going through the K-3 process since he holds a vaild passport?

Another question is that if he goes back on Sunday which is the date of his return flight ticket cause he has work on Tuesday, say he decides to come back on a visit again and then can we file for the Adjustment of Status. I know that he's allowed to stay for at least 6 months on his passport. My passport is in process and so is my daughter's (whom he will be adopting once the immigration stuff is done) so then we can go see him as well.

Sorry if my posts are confusing we are just trying to figure out what needs to be done and make sure it's done correctly.

Thanks,

Phallon