Getting Married!

[capt.canuck 0]

Hi,

My Fiance (US Citizen) and I (Canadian Citizen here on TN VISA) are getting married next month in Wisconsin. We plan on starting the K-3 Process immediately after and would like to know where to start. Is the K-3 Guide accurate? Is this EVERYTHING required in the I-130 package? When can I file for an I-765 (Application For Employment Authorization)? I will need to continue working while in the US.

Also, my two sons are in my custody. What type of application will my fiance (soon to be wife!) have to make for them to become Permanent Residents? Do we have to do the I-130 for each of them also?

Thanks again... ANY and ALL input would be appreciated!

Ron & Judy

[meddykomp 0]

I think if you are already here legally on another type of visa that you want to do an adjustment of status for you and the kids, not a K-3/K-4..

[Cygnet 0]

I think if you are already here legally on another type of visa that you want to do an adjustment of status for you and the kids, not a K-3/K-4..

I agree.

K-3 is for someone who is not currently residing in the U.S. Another Canadian here at VJ had a TN visa as well but went back to Canada to do the K-3 (or was it CR-1?). Anyway, I think he wasn't allowed to come back in the US until he got his visa. I'll try to do a search and see if I can find them.

[sowens 0]

Hi,

My Fiance (US Citizen) and I (Canadian Citizen here on TN VISA) are getting married next month in Wisconsin. We plan on starting the K-3 Process immediately after and would like to know where to start. Is the K-3 Guide accurate? Is this EVERYTHING required in the I-130 package? When can I file for an I-765 (Application For Employment Authorization)? I will need to continue working while in the US.

Also, my two sons are in my custody. What type of application will my fiance (soon to be wife!) have to make for them to become Permanent Residents? Do we have to do the I-130 for each of them also?

Thanks again... ANY and ALL input would be appreciated!

Ron & Judy

I wouldnt know very much about your particular situation, but I think I would ring the USCIS and or visit thier website, I have found the site helpful in finding which forms to file and when, then of course you will meet all sorts of lovely people on here willing to help! You have started in the right direction, good luck on your journey!

http://www.uscis.gov

[Reba 2]

yeah, if you're already in the US on a TN, you don't need the K3. That's only for spouses of USCs who are NOT in the US. If you apply for K3, you'd have to leave the US and wait in Canada for it to process, no need for that unless your TN is about to expire and not be renewed.

If your TN doesn't have any restrictions on renewal and having to return to Canada before you can apply for any other visa, all you'll need to do is apply to adjust status. I'd check the fine print on your TN before you file any paperwork, just to be sure. And perhaps your company HR person and/or company immigration lawyer can help. If you're there on a TN, they should know if there are restrictions.

[zyggy 9]

yeah, if you're already in the US on a TN, you don't need the K3. That's only for spouses of USCs who are NOT in the US. If you apply for K3, you'd have to leave the US and wait in Canada for it to process, no need for that unless your TN is about to expire and not be renewed.

If your TN doesn't have any restrictions on renewal and having to return to Canada before you can apply for any other visa, all you'll need to do is apply to adjust status. I'd check the fine print on your TN before you file any paperwork, just to be sure. And perhaps your company HR person and/or company immigration lawyer can help. If you're there on a TN, they should know if there are restrictions.

There are no restrictions on a TN status.. However, a TN status is not like a H status in that is is not a dual intent status.. meaning that those individuals that have a TN are not presemed to have eventual immigrant intent. Like a tourist status, you may have to prove that you did not have immigrant intent at the time that the status was issued...

However, I believe the chances of having that brought up on a TN are about as remote as it is for someone who is in the US on a F student status... meaning not very high... I suggest that you have a consultation with an immigration attorney to talk about adjusting on your TN status...

Next, if after your consultation you do choose to adjust on the TN status, you would file the I-130 and I-485 for you and each of your children. Whether or not you wish to apply for employment authorization at that time is up to you... However, you should know that you will not be able to renew your TN status once you file the I-485. So if you're within 6 months of the expiration of your TN status, you should apply for an EAD. In addition, I believe that you can cross the border on the TN until it expires or you leave employment with your sponsored employer.. After the TN expires or you are not working for your sponsored employer, you'll need to have AP to reenter the US... However, you should check with an immigration attorney on that point as I'm a little rusty on it...

Edited April 21, 2006 by zyggy

[BR549 0]

The guides on VJ are very accurate and very good outline for what you can be working on ahead of time. I agree with everyone on here that K-3 is not the way to go if you do not want to have to leave your wife for at least six months. It is also unnecessary if you are already in the U.S. and don't plan on going back to Canada. If you should still choose to go that route...... You can apply for work authorization once you enter the U.S. with your K-3 and activate it. You can either let your I-130 ride in the service center and go through the NVC or apply for AOS the same time as your EAD. EAD will take another few months. I've seen you on here before a few months ago so i would think that by the time processing is completely done to where you can work, your TN will have been expired for awhile. Once you are married........ whether or not you have started the immigration process, it is technically not legal to renew the TN because of the whole dual intent thing. We found this out the hardest way possible because we had no idea what we were doing at the time. He was completely banned from the country because they knew he had a wife, a house and a job here. It took six months of stress before we got him back home. I would absolutely hate to see someone else go through the same thing.

[capt.canuck 0]

The guides on VJ are very accurate and very good outline for what you can be working on ahead of time. I agree with everyone on here that K-3 is not the way to go if you do not want to have to leave your wife for at least six months. It is also unnecessary if you are already in the U.S. and don't plan on going back to Canada. If you should still choose to go that route...... You can apply for work authorization once you enter the U.S. with your K-3 and activate it. You can either let your I-130 ride in the service center and go through the NVC or apply for AOS the same time as your EAD. EAD will take another few months. I've seen you on here before a few months ago so i would think that by the time processing is completely done to where you can work, your TN will have been expired for awhile. Once you are married........ whether or not you have started the immigration process, it is technically not legal to renew the TN because of the whole dual intent thing. We found this out the hardest way possible because we had no idea what we were doing at the time. He was completely banned from the country because they knew he had a wife, a house and a job here. It took six months of stress before we got him back home. I would absolutely hate to see someone else go through the same thing.

[capt.canuck 0]

OOPS!

I replied without replying!

We did post on here a few months ago, but I think there was a problem with the forums and I couldn't retrieve the info I had recieved from you all. We really appreciate the feedback! We are going to make an appointment at the Milwaukee district office to get specifics. My TN visa does not expire until the end of September, so I should be OK. We'll post our findings after our appointment in case anyone else is in the same situation. Any more info or input is always appreciated.

Thanks again to all of you!

Ron and Judy

ps. How long is the average turn around on an EAD?

[easycome00 0]

all i can say is congratulations

sorry for not helping

[Jasman0717 9]

The guides on VJ are very accurate and very good outline for what you can be working on ahead of time. I agree with everyone on here that K-3 is not the way to go if you do not want to have to leave your wife for at least six months. It is also unnecessary if you are already in the U.S. and don't plan on going back to Canada. If you should still choose to go that route...... You can apply for work authorization once you enter the U.S. with your K-3 and activate it. You can either let your I-130 ride in the service center and go through the NVC or apply for AOS the same time as your EAD. EAD will take another few months. I've seen you on here before a few months ago so i would think that by the time processing is completely done to where you can work, your TN will have been expired for awhile. Once you are married........ whether or not you have started the immigration process, it is technically not legal to renew the TN because of the whole dual intent thing. We found this out the hardest way possible because we had no idea what we were doing at the time. He was completely banned from the country because they knew he had a wife, a house and a job here. It took six months of stress before we got him back home. I would absolutely hate to see someone else go through the same thing.

[Reba 2]

ps. How long is the average turn around on an EAD?

about 90 days. It has to be included with an application for AOS. If the service centre hasn't approved it within 90 days, you can go to your district office with a copy of the NOAs and get an interim in most cases. If the EAD and the TN don't meet up, you may be able to continue working for a short time, but you may want to check that with your employer, because they could be fined for employing someone without a valid work permit.

Just get married fast and send in all the applications asap. Not very romantic, but there ya go, that's immigration!