Us + Canada

[ZansGirl 0]

just a quick question...

I am Canadian, Fiance is the US citizen....can we get married in the states and then I remain with him in the states while the visa's and stuff happen or am I REQUIRED to return to Canada...???

[YuAndDan 153]

There is no requirement that you leave the USA after marriage while visiting. The only requirement is to not overstay the allowed visiting time in the USA, usually 6 months for Canadians.

You may want to consider CR-1

For most countries CR-1 is taking about the same time or a bit longer than K-3. (Compare timelines)

Does your spouse wish to work when they arrive in the USA? CR-1 CAN take a job, K-3 CANNOT, work until after getting an EAD or their Green-Card, EAD can take 90 days or more to get.

CR-1 results is a green-card upon entry which allows WORK, Getting SSN, and Applying for Driver's license, K-3 requires filing AOS ($1010) and for EAD if wish to work, get SSN, and Driver's license while waiting for green-card.

[MsZ 6]

The visa process for a K-3 or CR-1 will likely take longer than the amount of time you can stay in the US so I doubt you'll be able to get around leaving.

If there's no need for you to work, go the K-1 route and be with him sooner in the US. Then get married and adjust status.

[ZansGirl 0]

I have read that if you do get married...like..say tomorrow Z and I have to apply for AOS..and then prove that it was not my intent to get married this trip...which in all honesty it was not...my cat and apartment are back home..and my landlord is gonna be a bit p'oed to say the least. I really really really..do not want to leave him.....

[YuAndDan 153]

I have read that if you do get married...like..say tomorrow Z and I have to apply for AOS..and then prove that it was not my intent to get married this trip...which in all honesty it was not...my cat and apartment are back home..and my landlord is gonna be a bit p'oed to say the least. I really really really..do not want to leave him.....

Yes, this can be done, however you will be subject to an AOS interview, and they may ask probing questions to determin if entry to the USA as a visitor was with the intent of immigrating.

There is a guide for this: http://www.visajourney.com/forums/index.ph...page=i130guide2

[Flames9_RN 358]

If you came to the USA with NO intention of marrying, but did, you can stay and AOS. Keep in mind, u cant legally work, OR leave the USA until you get to a certain part in the process. of course getting the AOS approved is not a gimme.

YOu can get married in the USA,then return to Canada and go the k3 or cr-1 route. ALL CR-1 go through Montreal, For the K3 its either vancouver, or Montreral, depending where u live in Canada. One can still visit the USA, many do. I did monthly, and never had a problem, but a few have been denied entry

Edited July 16, 2008 by flames9

[Reba 2]

You can stay and AOS, but if your application is denied then you have to avenue of appeal, you will be deported. If you know you can prove you did not intend to get married and stay this trip, (ie: you did not notify your employer that you'd quit, etc) and you left stuff hanging back home, that may be proof enough. However, as flames mentioned, you're kinda stuck here in the US for quite some time now, unable to leave until you have your green card, can you do that? How would you clean out your apartment and finalize the lease with your landlord? How will you retrieve your cat, close up bank accounts, etc etc etc?