Already in the US, marrying in 2 weeks

[gabyjose 0]

Hello everyone,

This is my first time here, and hopefully some of you can help me through the process I'm about to begin.

Here's my story, I have dual citizenship (mexican-canadian) and marrying a soon-to-be American Citizen (Venezuelan originally). Currently I'm in the US with no visa as Canadian citizens don't require visa to visit the US.

Jose and I have been advised to fill out applications I-765 (application for employment authorization), affidavit of support under section 213 A, biographic information, and I-130 Petition for alien relative. Are these all of the forms that are required?

Also I have a dilemma, I was previously in the US under a TD Visa (Trade Dependant) with my ex-husband. During that time as I was not allowed to work, I completed a master degree in a private university that didn't require me to obtain a student visa. However, I'm afraid that INS might see this as illegal. My school never gave me anything written stating that they didn't require a student visa. What should I do?

Thanks all for your input.

[butuan 0]

Hello everyone,

This is my first time here, and hopefully some of you can help me through the process I'm about to begin.

Here's my story, I have dual citizenship (mexican-canadian) and marrying a soon-to-be American Citizen (Venezuelan originally). Currently I'm in the US with no visa as Canadian citizens don't require visa to visit the US.

Jose and I have been advised to fill out applications I-765 (application for employment authorization), affidavit of support under section 213 A, biographic information, and I-130 Petition for alien relative. Are these all of the forms that are required?

Also I have a dilemma, I was previously in the US under a TD Visa (Trade Dependant) with my ex-husband. During that time as I was not allowed to work, I completed a master degree in a private university that didn't require me to obtain a student visa. However, I'm afraid that INS might see this as illegal. My school never gave me anything written stating that they didn't require a student visa. What should I do?

Thanks all for your input.

i dont think you can do the I-130 until he is a citizen, the rest? humm I dont think that the getting your masters would put you as illegal, you were here legal, you just went to school, i dont think they would care about the masters as long as you were here legal.

[Reba 2]

I don't think its necessarily up to the school whether or not you need a visa, its up to immigration. As a Canadian you can stay in the US for up to 6 months without a visa, but you can't work, I don't know about going to school tho.

Until your soon to be husband is a US citizen, the I-130 petition is going to be put in the pile for LPRs spouses, and I believe, those are numbered visas, and take a whole heckuva lot longer than citizen's petitions. I've read up to 5 years or more I think. Once he's got his citizenship he can have it transfered which will speed it up a bit, but its anyone's guess as to how much.

You may want to consult with an immigration lawyer, some will give you an hour of their time for free, or minimal charge. Read up everything you can find on LPR spousal sponsorships at the USCIS website and here, and regarding rules for attending schools in the US without a visa, because that may just jump up and bite you in the butt later.

Good luck!

[zyggy 9]

I don't think its necessarily up to the school whether or not you need a visa, its up to immigration. As a Canadian you can stay in the US for up to 6 months without a visa, but you can't work, I don't know about going to school tho.

Until your soon to be husband is a US citizen, the I-130 petition is going to be put in the pile for LPRs spouses, and I believe, those are numbered visas, and take a whole heckuva lot longer than citizen's petitions. I've read up to 5 years or more I think. Once he's got his citizenship he can have it transfered which will speed it up a bit, but its anyone's guess as to how much.

You may want to consult with an immigration lawyer, some will give you an hour of their time for free, or minimal charge. Read up everything you can find on LPR spousal sponsorships at the USCIS website and here, and regarding rules for attending schools in the US without a visa, because that may just jump up and bite you in the butt later.

Good luck!

You can go to a school that is within 60 miles of the US/Canada border without a visa.. However, you must still reside in Canada and commute over for school.. If you wish to reside in the US to go to school, you'l need an F student visa.. Something that isn't too hard to get for a Canadian CItizen..

[Jersey Girl 2]

Do you have an address in Canada where you intend to live and work while Jose, the new U.S.citizen, petitions on your behalf? This might be the most straightforward option: a K3 Visa that many U.S.-Canadian couples here are pursuing. Not sure if your dual status complicates things, though.