Marriage Question

[chettana 0]

Hi!

I need some guidance and someone directed me to this forum. I am a Canadian living at the Detroit/Windsor crossing and currently commute back and forth as an F-1 Student. I am currently on OPT and have a full-time job in the U.S. I recently got engaged to an American citizen and we would like to be legally married on 8/8/08. Since we're in a bit of a time crunch, we really need to get the process rolling. My fiance wants to hire a lawyer to do all the work, but a lot of people are telling me that we don't need one. Here are some of my concerns:

Since I'm currently on OPT (doesn't expire until January of 2009), will I need to stop working during any of this process?

What visa should I be applying for?

What are the typical costs for an immigration lawyer?

Considering the process timing, will it be possible to sign marriage papers on the date that I want?

Please help! Any guidance would be greatly appreciated!

Thanks,

Elise

[payxibka 10,045]

More than a time crunch.... You have a possible "train wreck" on the horizon.

[pushbrk 12,994]

Hi!

I need some guidance and someone directed me to this forum. I am a Canadian living at the Detroit/Windsor crossing and currently commute back and forth as an F-1 Student. I am currently on OPT and have a full-time job in the U.S. I recently got engaged to an American citizen and we would like to be legally married on 8/8/08. Since we're in a bit of a time crunch, we really need to get the process rolling. My fiance wants to hire a lawyer to do all the work, but a lot of people are telling me that we don't need one. Here are some of my concerns:

Since I'm currently on OPT (doesn't expire until January of 2009), will I need to stop working during any of this process?

What visa should I be applying for?

What are the typical costs for an immigration lawyer?

Considering the process timing, will it be possible to sign marriage papers on the date that I want?

Please help! Any guidance would be greatly appreciated!

Thanks,

Elise

In your situation, I would strongly advise you to at least have a consultation with a qualified immigration attorney because you have a number of complications.

[Krikit 1,164]

More than a time crunch.... You have a possible "train wreck" on the horizon.

That was helpful.

Hi Chettana. Welcome to VJ. I am going to move you over to the Canada Forum in hopes that someone with experience on this situation will see it.

[trailmix 77]

Hi Elise,

There was a similar question back in January of this year, this thread might be somewhat helpful:

Marrying an American...but still on OPT visa...help!!!

[Krikit 1,164]

Hi Elise,

There was a similar question back in January of this year, this thread might be somewhat helpful:

Marrying an American...but still on OPT visa...help!!!

You da man! Okay.... woman. *high fives Trailmix*

[payxibka 10,045]

More than a time crunch.... You have a possible "train wreck" on the horizon.

That was helpful.

Hi Chettana. Welcome to VJ. I am going to move you over to the Canada Forum in hopes that someone with experience on this situation will see it.

Yes it was helpful because the intent was to express that she needs to take her situation VERY seriously and even consider resources BEYOND VJ.

[Krikit 1,164]

Hi Chettana. I am moving this (again) to the new forum in hopes of getting a dialogue started.

Edited June 4, 2008 by Krikit

[Lili 3]

Wow, lots of question there.

Please understand that the following is based on personal experience and is not a substitute for legal counsel!!!!

You can keep working on your OPT visa while you EAD based on your AOS is pending (as long as you abide by your F-1 rules).

The fact that you are constantly commuting between your home country in the US will cause problems if you try to adjust while in the US.

To adjust from a non-immigration visa, you have to be able to prove that when you last entered the country, you still had no intent on immigrating to the US. The fact that you have been crossing the borders many times, i don't think you can honestly say that you had no intent on staying when you last entered the US (especially if you were engaged).

You definitely need legal counsel. IMHO, the hardest part about immigration is not about filing the forms (i honestly believe that anyone can do it with the help of this community and reading the instructions on the USCIS website) but knowing which visa is the correct one in each of our individual situation. Your situation is not a straightforward one and i definitely encourage to see a lawyer.

You can do an initial consultation, they can tell you what should be the best course of action and then you decide whether or not to hire them. They usually work on a retainer (about 2-3k, i believe was the amount i was quoted).

Sorry that i don't have better news but you want to make absolutely sure you file the right visa.

[Heliosphan 1]

Hi!

I need some guidance and someone directed me to this forum. I am a Canadian living at the Detroit/Windsor crossing and currently commute back and forth as an F-1 Student. I am currently on OPT and have a full-time job in the U.S. I recently got engaged to an American citizen and we would like to be legally married on 8/8/08. Since we're in a bit of a time crunch, we really need to get the process rolling. My fiance wants to hire a lawyer to do all the work, but a lot of people are telling me that we don't need one. Here are some of my concerns:

Since I'm currently on OPT (doesn't expire until January of 2009), will I need to stop working during any of this process?

What visa should I be applying for?

What are the typical costs for an immigration lawyer?

Considering the process timing, will it be possible to sign marriage papers on the date that I want?

Please help! Any guidance would be greatly appreciated!

Thanks,

Elise

This is why we need the subforum, I can easily direct you. I'm in sort of the same situation (aside from the crossing borders.

Crossing borders often is not an issue and does not have anything to do with you immigration intent. Once you get married however you should not leave the US until you get Advanced Parole (from filing for Adjustment of Status). The fact that you're on OPT is fine, I'm on OPT as well (but maintaining status by going to grad school come Sept).

Personally I wouldn't hire a lawyer because I don't think you need one. You're going to fill out an I-130, I485, I693, I765 and G325A for your Adjustment of Status.

As for the marriage, is there any significance to 8/8/08 besides aligned numbers? if not, get the ball rolling now. The waiting game is not fun especially if you're prolonging it for ephemeral reasons. PM if you have any questions.

PS, you do NOT need to apply for a visa, you're already in the US on an F1. Just file to adjust status.

Edited June 5, 2008 by Heliosphan

[rebeccajo 14]

Hi!

I need some guidance and someone directed me to this forum. I am a Canadian living at the Detroit/Windsor crossing and currently commute back and forth as an F-1 Student. I am currently on OPT and have a full-time job in the U.S. I recently got engaged to an American citizen and we would like to be legally married on 8/8/08. Since we're in a bit of a time crunch, we really need to get the process rolling. My fiance wants to hire a lawyer to do all the work, but a lot of people are telling me that we don't need one. Here are some of my concerns:

Since I'm currently on OPT (doesn't expire until January of 2009), will I need to stop working during any of this process?

What visa should I be applying for?

What are the typical costs for an immigration lawyer?

Considering the process timing, will it be possible to sign marriage papers on the date that I want?

Please help! Any guidance would be greatly appreciated!

Thanks,

Elise

This is why we need the subforum, I can easily direct you. I'm in sort of the same situation (aside from the crossing borders.

Crossing borders often is not an issue and does not have anything to do with you immigration intent. Once you get married however you should not leave the US until you get Advanced Parole (from filing for Adjustment of Status). The fact that you're on OPT is fine, I'm on OPT as well (but maintaining status by going to grad school come Sept).

Personally I wouldn't hire a lawyer because I don't think you need one. You're going to fill out an I-130, I485, I693, I765 and G325A for your Adjustment of Status.

As for the marriage, is there any significance to 8/8/08 besides aligned numbers? if not, get the ball rolling now. The waiting game is not fun especially if you're prolonging it for ephemeral reasons. PM if you have any questions.

PS, you do NOT need to apply for a visa, you're already in the US on an F1. Just file to adjust status.

I've bolded the extant inaccuracies in this answer.

Perhaps the number of border crossings has nothing to do with intent. But the questions asked by Border Patrol on the entry prior to the wedding and subsequent adjustment have everything to do with the adjustment.

Seek legal representation before you move forward with your plan. It has elements of risk you should be made aware of.

Edited June 7, 2008 by rebeccajo

[Paul Hanaki 72]

I need some guidance and someone directed me to this forum. I am a Canadian living at the Detroit/Windsor crossing and currently commute back and forth as an F-1 Student.

When you enter the country on an F1 visa you pretty much state that you are not going to stay in this country and you are planning on returning to your home country when your schooling is complete. Since you stated that you commute back and forth accross the border and are engaged and are planning on getting married you are going to have some issues. You really need to talk to a lawyer as that could really hurt your chance of changing your status.

[Heliosphan 1]

Hi!

I need some guidance and someone directed me to this forum. I am a Canadian living at the Detroit/Windsor crossing and currently commute back and forth as an F-1 Student. I am currently on OPT and have a full-time job in the U.S. I recently got engaged to an American citizen and we would like to be legally married on 8/8/08. Since we're in a bit of a time crunch, we really need to get the process rolling. My fiance wants to hire a lawyer to do all the work, but a lot of people are telling me that we don't need one. Here are some of my concerns:

Since I'm currently on OPT (doesn't expire until January of 2009), will I need to stop working during any of this process?

What visa should I be applying for?

What are the typical costs for an immigration lawyer?

Considering the process timing, will it be possible to sign marriage papers on the date that I want?

Please help! Any guidance would be greatly appreciated!

Thanks,

Elise

This is why we need the subforum, I can easily direct you. I'm in sort of the same situation (aside from the crossing borders.

Crossing borders often is not an issue and does not have anything to do with you immigration intent. Once you get married however you should not leave the US until you get Advanced Parole (from filing for Adjustment of Status). The fact that you're on OPT is fine, I'm on OPT as well (but maintaining status by going to grad school come Sept).

Personally I wouldn't hire a lawyer because I don't think you need one. You're going to fill out an I-130, I485, I693, I765 and G325A for your Adjustment of Status.

As for the marriage, is there any significance to 8/8/08 besides aligned numbers? if not, get the ball rolling now. The waiting game is not fun especially if you're prolonging it for ephemeral reasons. PM if you have any questions.

PS, you do NOT need to apply for a visa, you're already in the US on an F1. Just file to adjust status.

I've bolded the extant inaccuracies in this answer.

Perhaps the number of border crossings has nothing to do with intent. But the questions asked by Border Patrol on the entry prior to the wedding and subsequent adjustment have everything to do with the adjustment.

Seek legal representation before you move forward with your plan. It has elements of risk you should be made aware of.

She doesn't need to apply for a visa to adjust status from being an F1 student. The number of times she crosses the border betwen the US and Canada is not an issue.

[Heliosphan 1]

I need some guidance and someone directed me to this forum. I am a Canadian living at the Detroit/Windsor crossing and currently commute back and forth as an F-1 Student.

When you enter the country on an F1 visa you pretty much state that you are not going to stay in this country and you are planning on returning to your home country when your schooling is complete. Since you stated that you commute back and forth accross the border and are engaged and are planning on getting married you are going to have some issues. You really need to talk to a lawyer as that could really hurt your chance of changing your status.

I see you were on an F1, congrats on the approval!

I don't see why everyone is telling the OP her adjustment is that complicated. It's not. Yourself adjusted from an F1 visa (assuming you were legally in status when you adjusted). Yes it's true that and F1 doesn't allow immigration intent inherently but it's possible to adjust status (there's even a requirement that you submit the I-20 and copies of the visa for the I-485).

The only problem the OP would have is if they were adjusting status within 3 months of arriving on an F1 visa. Otherwise many people just file to adjust status like everyone else. Of course a lawyer's advice is always great and proper legal counsel is always better than mere opinions on this forum. But many of these posters are not telling you what your situation calls for because they themselves simply do not know.

Since you didn't enter the US with the intent to marry on the F1 you'll be fine. GueraYTavo got his I-485 approved recently and he was on an F1 in the US when he adjusted. You can ask either of us if you have any questions.

Thank god for the subforum!

Edited June 9, 2008 by Heliosphan

[Heliosphan 1]

You can keep working on your OPT visa while you EAD based on your AOS is pending (as long as you abide by your F-1 rules).

The fact that you are constantly commuting between your home country in the US will cause problems if you try to adjust while in the US.

To adjust from a non-immigration visa, you have to be able to prove that when you last entered the country, you still had no intent on immigrating to the US. The fact that you have been crossing the borders many times, i don't think you can honestly say that you had no intent on staying when you last entered the US (especially if you were engaged).

This I agree with, the problem she may have is that crossing the border with immigration intent may constitute fraud. Personally I assume when you get the student visa is when they consider your intentions since you can come and go indefinitely on the F1 but this I can honestly say I'm not sure of, she'll need more professional advice on this.