Not sure which way to file

[BradnKim 0]

Can anyone tell me which Visa to start? I just got married... I am a US citizen and my husband is Canadian. He entered the US to visit and we decided to marry. I read something about Direct Consular Filing... which Visa should we use though, as we would like him to remain in the US while waiting for his green card.

[payxibka 10,045]

Can anyone tell me which Visa to start? I just got married... I am a US citizen and my husband is Canadian. He entered the US to visit and we decided to marry. I read something about Direct Consular Filing... which Visa should we use though, as we would like him to remain in the US while waiting for his green card.

Is he still here and did he have intent to get married to you when he entered?

Edited March 25, 2008 by fwaguy

[pushbrk 12,883]

Can anyone tell me which Visa to start? I just got married... I am a US citizen and my husband is Canadian. He entered the US to visit and we decided to marry. I read something about Direct Consular Filing... which Visa should we use though, as we would like him to remain in the US while waiting for his green card.

Is he still here and did he have intent to get married to you when he entered?

If the bolded above is a true statement of the chronology of events, and he's still here, he doesn't need a visa. There are no US Consulates in the USA, so DCF from the USA is not possible.

If he's still here, he can stay and adjust status. If he left, you'll need a CR1 or K3 visa for him to immigrate to the US.

Edited March 25, 2008 by pushbrk

[BradnKim 0]

Can anyone tell me which Visa to start? I just got married... I am a US citizen and my husband is Canadian. He entered the US to visit and we decided to marry. I read something about Direct Consular Filing... which Visa should we use though, as we would like him to remain in the US while waiting for his green card.

Is he still here and did he have intent to get married to you when he entered?

He is still here. He came down to visit and a week later we went away for the weekend and decided to get married.

[BradnKim 0]

Can anyone tell me which Visa to start? I just got married... I am a US citizen and my husband is Canadian. He entered the US to visit and we decided to marry. I read something about Direct Consular Filing... which Visa should we use though, as we would like him to remain in the US while waiting for his green card.

Is he still here and did he have intent to get married to you when he entered?

If the bolded above is a true statement of the chronology of events, and he's still here, he doesn't need a visa. There are no US Consulates in the USA, so DCF from the USA is not possible.

If he's still here, he can stay and adjust status. If he left, you'll need a CR1 or K3 visa for him to immigrate to the US.

He is still here. What is his status now since we are married. And what forms are filed to adjust the status of whatever he is right now. Where do we go about filing as well?

[payxibka 10,045]

Can anyone tell me which Visa to start? I just got married... I am a US citizen and my husband is Canadian. He entered the US to visit and we decided to marry. I read something about Direct Consular Filing... which Visa should we use though, as we would like him to remain in the US while waiting for his green card.

Is he still here and did he have intent to get married to you when he entered?

He is still here. He came down to visit and a week later we went away for the weekend and decided to get married.

Since he is here then you don't need a visa unless he wants to go home to close out his personal affairs. If he just wants to stay the what you need is for him to be granted "status". This can be done with an I-130 & I-485 application. If he wants to work then an I-765 would be submitted as well. If you choose this route then make sure he can stay for the duration of the adjudication process..... Be prepared to be quizzed on the one week after entry to marriage.

Edited March 25, 2008 by fwaguy

[BradnKim 0]

Can anyone tell me which Visa to start? I just got married... I am a US citizen and my husband is Canadian. He entered the US to visit and we decided to marry. I read something about Direct Consular Filing... which Visa should we use though, as we would like him to remain in the US while waiting for his green card.

Is he still here and did he have intent to get married to you when he entered?

He is still here. He came down to visit and a week later we went away for the weekend and decided to get married.

Since he is here then you don't need a visa unless he wants to go home to close out his personal affairs. If he just wants to stay the what you need is for him to be granted "status". This can be done with an I-130 & I-485 application. If he wants to work then an I-765 would be submitted as well. If you choose this route then make sure he can stay for the duration of the adjudication process..... Be prepared to be quizzed on the one week after entry to marriage.

Do you know how long this process takes? Do we just file at our local UCSIS office? Thanks for the help... are you an attorney?

[MsZ 6]

Does he have any intention of going back to Canada any time soon? The reason I ask is that if he leaves he might not be let back in. He should also file for Advance Parole if there's any chance he will visit Canada while adjusting status.

[BradnKim 0]

Does he have any intention of going back to Canada any time soon? The reason I ask is that if he leaves he might not be let back in. He should also file for Advance Parole if there's any chance he will visit Canada while adjusting status.

He doesn't really need to go back to Canada anytime soon. It would be nice for him to be able to get a SSN so he can work though soon.

[payxibka 10,045]

Do you know how long this process takes? Do we just file at our local UCSIS office? Thanks for the help... are you an attorney?

A standard I-485 is taking about 4-6 mos. I don't know how much time it adds with the concurrent I-130 petition filing. The work authorization is the I-765 application which is filed at the same time as the other applications and typically is adjudicated in 60-90 days.

I am not an attorney but I did sleep at a Holiday Inn Express last night

[pushbrk 12,883]

Do you know how long this process takes? Do we just file at our local UCSIS office? Thanks for the help... are you an attorney?

A standard I-485 is taking about 4-6 mos. I don't know how much time it adds with the concurrent I-130 petition filing. The work authorization is the I-765 application which is filed at the same time as the other applications and typically is adjudicated in 60-90 days.

I am not an attorney but I did sleep at a Holiday Inn Express last night

You would be wise to begin by reading the Guides here. Just click on the word "Guides" at the top of any page and look for the one appropriate to your circumstances.

Be aware this is serious business. If he stays to adjust status, that means he stays until his status is adjusted. If he has affairs to settle in Canada in the meantime, he'll need the assistance of somebody in Canada. If he has no affairs to settle in Canada, you're going to have a very difficult time convincing anybody the marriage intention occurred after his arrival.

[BradnKim 0]

Do you know how long this process takes? Do we just file at our local UCSIS office? Thanks for the help... are you an attorney?

A standard I-485 is taking about 4-6 mos. I don't know how much time it adds with the concurrent I-130 petition filing. The work authorization is the I-765 application which is filed at the same time as the other applications and typically is adjudicated in 60-90 days.

I am not an attorney but I did sleep at a Holiday Inn Express last night

You would be wise to begin by reading the Guides here. Just click on the word "Guides" at the top of any page and look for the one appropriate to your circumstances.

Be aware this is serious business. If he stays to adjust status, that means he stays until his status is adjusted. If he has affairs to settle in Canada in the meantime, he'll need the assistance of somebody in Canada. If he has no affairs to settle in Canada, you're going to have a very difficult time convincing anybody the marriage intention occurred after his arrival.

Can anyone here give me some ideas of how we convince the USCIS that our plan was not for him to stay in the US and to get married? He only had a one way ticket down here, cuz we weren't sure how long he would stay visiting. He is working for a Canadian based company, but it is all done via the internet, so it's not like he had a physical "job" to go back to Canada too. He still has his bank account in Canada and his investments are there as well. All of his family and friends are up there as well. I'm just afraid that they aren't going to believe us.

[payxibka 10,045]

Do you know how long this process takes? Do we just file at our local UCSIS office? Thanks for the help... are you an attorney?

A standard I-485 is taking about 4-6 mos. I don't know how much time it adds with the concurrent I-130 petition filing. The work authorization is the I-765 application which is filed at the same time as the other applications and typically is adjudicated in 60-90 days.

I am not an attorney but I did sleep at a Holiday Inn Express last night

You would be wise to begin by reading the Guides here. Just click on the word "Guides" at the top of any page and look for the one appropriate to your circumstances.

Be aware this is serious business. If he stays to adjust status, that means he stays until his status is adjusted. If he has affairs to settle in Canada in the meantime, he'll need the assistance of somebody in Canada. If he has no affairs to settle in Canada, you're going to have a very difficult time convincing anybody the marriage intention occurred after his arrival.

Can anyone here give me some ideas of how we convince the USCIS that our plan was not for him to stay in the US and to get married? He only had a one way ticket down here, cuz we weren't sure how long he would stay visiting. He is working for a Canadian based company, but it is all done via the internet, so it's not like he had a physical "job" to go back to Canada too. He still has his bank account in Canada and his investments are there as well. All of his family and friends are up there as well. I'm just afraid that they aren't going to believe us.

You do not know how much convincing you need to do until such time as you are interviewed....

[pushbrk 12,883]

Do you know how long this process takes? Do we just file at our local UCSIS office? Thanks for the help... are you an attorney?

A standard I-485 is taking about 4-6 mos. I don't know how much time it adds with the concurrent I-130 petition filing. The work authorization is the I-765 application which is filed at the same time as the other applications and typically is adjudicated in 60-90 days.

I am not an attorney but I did sleep at a Holiday Inn Express last night

You would be wise to begin by reading the Guides here. Just click on the word "Guides" at the top of any page and look for the one appropriate to your circumstances.

Be aware this is serious business. If he stays to adjust status, that means he stays until his status is adjusted. If he has affairs to settle in Canada in the meantime, he'll need the assistance of somebody in Canada. If he has no affairs to settle in Canada, you're going to have a very difficult time convincing anybody the marriage intention occurred after his arrival.

Can anyone here give me some ideas of how we convince the USCIS that our plan was not for him to stay in the US and to get married? He only had a one way ticket down here, cuz we weren't sure how long he would stay visiting. He is working for a Canadian based company, but it is all done via the internet, so it's not like he had a physical "job" to go back to Canada too. He still has his bank account in Canada and his investments are there as well. All of his family and friends are up there as well. I'm just afraid that they aren't going to believe us.

You do not know how much convincing you need to do until such time as you are interviewed....

Exactly, but the one way ticket won't help. Who buys one way tickets nowadays????

Of course people like my wife and daughter and many of the beneficiaries of visa petitions do but that's because they intend to immigrate. The one-way ticket in this case is the wrong kind of evidence.