Is this even legal?

[Bern. 3]

My friend is 18 and from Canada, and her new American husband is 19. She had originally gone to the USA, just as a tourist, no visa, for the holidays and he randomly popped the question. They married on the 18th of November. I'm posting on her behalf. Now that they're married, she really does not want to return home to Canada. So I was wondering if there was any way around this? I keep telling her to go back home and file for the K3 but she seems completely against it.

Any suggestions?

[Dakine 26]

My friend is 18 and from Canada, and her new American husband is 19. She had originally gone to the USA, just as a tourist, no visa, for the holidays and he randomly popped the question. They married on the 18th of November. I'm posting on her behalf. Now that they're married, she really does not want to return home to Canada. So I was wondering if there was any way around this? I keep telling her to go back home and file for the K3 but she seems completely against it.

Any suggestions?

She can adjust status and stay in the US. How long was she here before getting married?

[pushbrk 12,619]

My friend is 18 and from Canada, and her new American husband is 19. She had originally gone to the USA, just as a tourist, no visa, for the holidays and he randomly popped the question. They married on the 18th of November. I'm posting on her behalf. Now that they're married, she really does not want to return home to Canada. So I was wondering if there was any way around this? I keep telling her to go back home and file for the K3 but she seems completely against it.

Any suggestions?

She can adjust status and stay in the US. How long was she here before getting married?

Under the circumstances described, she needs no visa. She can simply stay and adjust status. Emphasis on STAY though. No going home and coming back during the process. She can do this because she had no immigrant intent when she last crossed the border. That won't be true if she leaves and comes back before she has the green card in hand.

[Bern. 3]

When she left, she had a job. She is expected back on January 3rd I believe. And they have been long distance dating for well over a year. She was in the states for a week before he popped it and they got hitched. Just a ceremony, not an actual wedding took place.

So if she does stay. What files does she have to file? :S

Edited November 22, 2008 by Ber + Ter

[pushbrk 12,619]

When she left, she had a job. She is expected back on January 3rd I believe. And they have been long distance dating for well over a year. She was in the states for a week before he popped it and they got hitched. Just a ceremony, not an actual wedding took place.

So if she does stay. What files does she have to file? :S

Whoa? She's either married or she isn't. In this context it's a legal term. They must be "married" for the AOS prodess to work because they'll be providing an official State issued "marriage certificate".

They can file as soon as they have the marriage certificate or wait but she won't be working in the US or going back to Canada until the process is complete. Sooner the better, probably.

[Bern. 3]

Legally, she's married. Sorry if I'm being confusing. She did not expect to get married this month, so that's why she still has a job that expects her back. But if they file for the AOS, doesn't she need to have some sort of NOA2 form? So, she has to wait until they get the marriage cetificate? I'll be sure to let her know.

Do you have any more information on the issue? Like, will the factors of dating, and visiting for the holidays effect the AOS approval? Like I stated before, she had just gone to the USA to visit for Thanksgiving, and would be Christmas. She had no intended to marry. She's so stubborn...haha. But I understand her not wanting to leave him.

[pushbrk 12,619]

Legally, she's married. Sorry if I'm being confusing. She did not expect to get married this month, so that's why she still has a job that expects her back. But if they file for the AOS, doesn't she need to have some sort of NOA2 form? So, she has to wait until they get the marriage cetificate? I'll be sure to let her know.

Do you have any more information on the issue? Like, will the factors of dating, and visiting for the holidays effect the AOS approval? Like I stated before, she had just gone to the USA to visit for Thanksgiving, and would be Christmas. She had no intended to marry. She's so stubborn...haha. But I understand her not wanting to leave him.

This kind of AOS case files the I-130 and I-485 simultaneously. See the appropriate guide.

As you described the circumstances none of the things you mention are a problem as long as she doesn't leave and try to come back again. For this to work, she has to stay in the USA.

[Bern. 3]

Thank you so much, however I am nervous for her, since it would be heartbreaking for her to be banned from the USA if the petition fails

[2xHollyx2 3]

She has to send the whole package to Chicago.

But she should get her medical before she sends the package.

Don't worry. She'll be fine as long as they have enough proof for their relationship.

So time to join bank accounts, etc.

[Bern. 3]

We're both under the impression that in order to have a joint account that both people need to have valid SSN's. My friend has a SIN, which is the Canadian version of a SSN. And being that she hasn't filed for anything, she does not have a SSN as of yet.

Edited November 23, 2008 by Ber + Ter

[2xHollyx2 3]

I guess it depends on the bank.

For us it was no problem. They just made a copy of my passport.

We explained that it is necessary for immigration.

She can apply for SSN after she got her EAD.

[Bern. 3]

Which bank was this? Washington Mutual, Wells Fargo(?) Or Bank of America?

As well, from your time line, I see that we went this route. If my friend has any further questions, may I message you?

[Reba 2]

Why doesn't your friend come here and do her own research? Probably better for her and her husband if they do it themselves really so they can know all the proper channels and implications of their situation.

See the Adjustment of Status forum, plus the guides above for AOS. And I will emphasize again and say that she CANNOT leave the US until the process is completed and she has her green card in her hot little hands. If she leaves, she may not be permitted re-entry, and they will be separated and have to start all over again with a different process. If she needs her stuff, her family will have to ship it to her, or bring it down for her. After she gets an NOA to prove her legal presence, otherwise they'll have to pay duty for importing goods.

Some banks (even branches of big banks) don't care if the person applying for an account does not have an SSN. All they need to do is go to the bank where her husband currently has accounts and open joint accounts with both names. They explain why she doesn't have an SSN and that she will update the records as soon as she does. If that bank won't do it, they go on to the next one.

[rebeccajo 14]

Which bank was this? Washington Mutual, Wells Fargo(?) Or Bank of America?

As well, from your time line, I see that we went this route. If my friend has any further questions, may I message you?

It's best to keep immigration questions in the open forums, rather than private message.

Different banks have different policies. The best way to find out what each one will accept is to inquire of the bank.

The length of time from the entry at the border to the marriage is irrelevant. If there was no intent at the border to immigrate to the United States, then adjustment of status is a permissible route.

[Old Dominion 26]

Most banks, to my knowledge, will want at least a NOA1 as evidence that the applicant is legally in the U.S. Some DO require SSNs, but not all. Smaller regional banks (unlike Bank of America) tend to be more flexible.