(Very Confused) where do i begin

[Nguyen 0]

Sorry if this is in the wrong section of the forums, but when it comes to immigration papers and stuff i get confuse and frustrated. I've been reading all these things but have no idea where to begin.....i got married to my beautiful American wife a few months ago and i'm currently on visitor visa and I'm from Canada

i was gonna follow these instructions in this link but wanna make sure im doing things right.....any help is very much appreciated

http://www.visajourney.com/forums/index.ph...page=i130guide2

[Old Dominion 26]

Sorry if this is in the wrong section of the forums, but when it comes to immigration papers and stuff i get confuse and frustrated. I've been reading all these things but have no idea where to begin.....i got married to my beautiful American wife a few months ago and i'm currently on visitor visa and I'm from Canada

i was gonna follow these instructions in this link but wanna make sure im doing things right.....any help is very much appreciated

http://www.visajourney.com/forums/index.ph...page=i130guide2

The instructions are quite specific....you came as a tourist (not to stay) and are already married. So:

If you are already married, and your spouse came to the US on a tourist visa with the intent of immigration and marriage, then he/she should return to his/her home abroad, and the I-130 (or along with an I-129f for a K-3 Visa) should be filed with the relative outside of the U.S. to avoid denial, deportation, or even being banned from re-entry to the US.

The above conditions are serious and can result in the separation of families for many years if not taken seriously.

[KimandRuss 0]

There is nothing in his post that states he came with the intent to immigrate or that he intends to do so.

It's true if you came with this intent you will need to go home and your wife will need to file for a spousal visa.

If you did not enter the U.S. with the intent of staying and can prove this... you can adjust status.

This link will help you understand.

Edited July 27, 2008 by KimandRuss

[pushbrk 13,058]

There is nothing in his post that states he came with the intent to immigrate or that he intends to do so.

It's true if you came with this intent you will need to go home and your wife will need to file for a spousal visa.

If you did not enter the U.S. with the intent of staying and can prove this... you can adjust status.

This link will help you understand.

To simplify, if the decision to marry occured after the most recent US entry, then you can stay and adjust status. The "stay" part is important to understand as it the reference to the "most recent". Both these conditions must exist and remain for status adjustment to succeed. Otherwise, you go home and complete a spouse visa process.

[Nguyen 0]

theres no other way but to go home and wait?.....its gonna be hard to leave my wife for such a long wait

[Nguyen 0]

on top of that does anyone know if i will be interview in Canada when i get accepted and what other things will i need before crossing the boarder or will i just be getting the K3 visa and be interview in the US

[Reba 2]

K3 visas are only given in foreign countries, not in the US. You will have to return to Canada and wait out the process. Read the Guides above for all the info and steps.

Depending where in canada you live, you will be interviewed in either Montreal or Vancouver for a K3. If you opt out of the K3 and go for the CR1, you'll be interviewed in Montreal.

[Carlawarla 1]

theres no other way but to go home and wait?.....its gonna be hard to leave my wife for such a long wait

Did the read the links provided? You didn't answer the question that might help you remain in the US while you're waiting this process. When did you get married? During this visit? Did you have intent to come down and get married, and then remain? First things first. We can better help you if you can provide a more detailed picture for us.

[pushbrk 13,058]

theres no other way but to go home and wait?.....its gonna be hard to leave my wife for such a long wait

Did the read the links provided? You didn't answer the question that might help you remain in the US while you're waiting this process. When did you get married? During this visit? Did you have intent to come down and get married, and then remain? First things first. We can better help you if you can provide a more detailed picture for us.

There's more to it than when the marriage took place. These are the conditions that would allow staying instead of returning to Canada but to do so, you "stay". There's not going back and forth during the process.

1. Latest entry occured before the decision to marry a US Citizen.

2. You file to adjust status, stay in the US until green card in hand.

3. You don't work in the US until EAD or green card in hand.

If your decision to marry was before your latest entry, then you complete a spouse visa process. The USC can file the petition when ready and the foreign spouse may remain for the previously alotted time but must leave the USA before their allowed stay expires. Chances are, a Canadian spouse can visit the US during the visa process.

[Nguyen 0]

I did not come with the intention of getting married. I came down here to visit my father who lives in the U.S. and was going to leave in a month or so.I met a girl and then I wanted to stay with her so we got married. My visitor visa was expiring so I went back to Canada. I came back by bus so i wasn't issued a visa since it not needed by bus.

So is it possible to stay and get my status changed?

[Carlawarla 1]

I did not come with the intention of getting married. I came down here to visit my father who lives in the U.S. and was going to leave in a month or so.I met a girl and then I wanted to stay with her so we got married. My visitor visa was expiring so I went back to Canada. I came back by bus so i wasn't issued a visa since it not needed by bus.

So is it possible to stay and get my status changed?

No, not now. If you had of stayed and not gone back to Canada after you were married, it would have been different. If you come and as you said, met someone and got married and then stayed, you could have adjusted status. Now your US spouse is going to have to petition for a K-3 or CR-1 Visa. Read the guides above to see which one will be right for you. Drop into the Canada forum here, where there are lots of Canadians here in the US, or going through the process right now, and can provide you with support and guidance. You should be able to still visit while the petition is still being processed.

[Nguyen 0]

so my only choice is to return to Canada and file for K-3 or CR-1 then return to the US.....do i have to wait for an interview before coming back to US or can i come straight to US after I'm done filing for K-3 or CR-1?

(sorry for all the questions you guys been very helpful and i thank you)

[pseudo 0]

so my only choice is to return to Canada and file for K-3 or CR-1 then return to the US.....do i have to wait for an interview before coming back to US or can i come straight to US after I'm done filing for K-3 or CR-1?

(sorry for all the questions you guys been very helpful and i thank you)

I live in Toronto, canada and my husband lives in buffalo, ny right across the border (1.5 hrs distance). My husband has filed I-130 & K-3 pettitions for me. And I travel back and forth on weekends. I carry employment pay stubs, apt receipts, utility bills, employment verfication letter to prove that I'm there only to visit (for the weekend) and will be going back. Also my husband works from home so he visits canada for 10 to 15 days a month. Hope this helps.

Edited July 31, 2008 by pseudo

[pseudo 0]

so my only choice is to return to Canada and file for K-3 or CR-1 then return to the US.....do i have to wait for an interview before coming back to US or can i come straight to US after I'm done filing for K-3 or CR-1?

(sorry for all the questions you guys been very helpful and i thank you)

I live in Toronto, canada and my husband lives in buffalo, ny right across the border (1.5 hrs distance). My husband has filed I-130 & K-3 pettitions for me. And I travel back and forth on weekends. I carry employment pay stubs, apt receipts, utility bills, employment verfication letter to prove that I'm there only to visit (for the weekend) and will be going back. Also my husband works from home so he visits canada for 10 to 15 days a month. Hope this helps.

I'm assuming you are a canadian citizen. And canadians have visitor visa status (B2) by default and dont require a visa to travel to the US.

[Carlawarla 1]

so my only choice is to return to Canada and file for K-3 or CR-1 then return to the US.....do i have to wait for an interview before coming back to US or can i come straight to US after I'm done filing for K-3 or CR-1?

(sorry for all the questions you guys been very helpful and i thank you)

Your US spouse will petition for you to get a visa to come and live with them in the US. In the meantime, you have to go back to Canada. Your package will eventually get to the Consulate (K-3's go to both Vancouver and Mtl, CR-1's just Montreal), you'll be interviewed, and if you then get a visa, you'll be able to come down permanently then. You will want to check out what type of visa you want to petition for. While waiting for all this paperwork, you can visit the US, and do like the previous poster suggested and make sure every time you want to come to the US to visit, you have proof of your ties to Canada.

Your US spouse can also travel to Canada as well, and should bring proof of their ties to the US when entering Canada.

Good luck on your journey!