Married in the US while visiting, what next and when?

[sparcman 0]

Hi,

I've done my best to search the forums for an answer, but my situation seems to have pieces of several things.

I am a Canadian citizen that go engaged in November. I went to visit my fiance for the holidays and we decided to get married after Christmas. I am in the States still as a visitor, but I have a contract job in Canada that I am currently laid off from until March. I need to go back to my job and then have the ability to come to the US when the contract ends and I can be in the US (visitor or other). I want to start the immigration process, but am unsure the best way to go and if I can submit an I-130 while in the US, before I go back to Canada. From what I have read if I submit an AOS, I can't leave the States until that goes through.

Thanks

[♥Stiggy♥ 0]

You can still apply while still in the states. You just have to make sure your back in Canada before it gets sent to the consulate.

Also, if you are laid off and dont have a job when you try to visit the states again, good luck trying to pass through immigration.

Unless you can prove you have more strong ties to Canada (a job, a mortgage) than the states its gonna be hard for u to cross

[antda 13]

Hi Sparcman,

Congratulations on your recent marriage during Christmas! May you and your spouse find happiness in married life here in the USA too.

No, it's not illegal that you came here to the US and got married while you were down here for a visit from Canada. As long as you came here WITHOUT the intention to get married in the first place on your visit and are not doing this as to avoid and/or break immigration laws, then it's fine and legal to do.

I was in the same situation before too, as a Canadian, when I came over to visit my boyfriend (now husband), on a 2 week US tourist visa (they gave me a B-2 visa in my passport, even though I'm from visa-exempt Canada), and then ended up getting married here in the USA. And yes, I did file for the adjustment of status and was approved and got my green card afterwards.

For more information on my sitation, see my VJ timeline (the link can be found on my signature).

As well, I stayed in the US for several months, before my green card was approved. I just stayed, as I did not need to return to Canada during that time, nor did I bother applying for an Advance Parole or Employment Authorization Document, even though others apply for these because they have a need to return to Canada before. I was told too, by an immigration lawyer, that my expired visitor's status was "forgiven" if I had filed for the Adjustment of Status/Green Card during that time. Personally though, during those months, even though I was in the midst of filing my paperwork, I felt kind of weird to be in the US somewhat "illegally", as I did not have valid status during that filing time. And yeah, I felt a lot better when I finally did get my green card later.

The next steps for you are:

1) DO NOT LEAVE THE USA AND DO NOT RETURN TO CANADA (unless you have Advance Parole) until your Adjustment of Status/Green Card case has been fully approved, otherwise your case will be abandonded and you will run into the risk of never being able to come back to the ever USA again.

2) File the following paperwork: I-130 (Petiton for Family Member), I-485 (Adjustment of Status), I-864 (Affidavit of Support), I-765 (Employment Authorization Document), I-131 (Advanced Parole), I-693 (Medical Forms)....Cost-wise, the total costs should be about $1000+ or so nowadays....

3) Hire a good immigration lawyer, if you run into any more problems, and/or if you are totally unsure about your situation.

Hope this helps. Good luck with your immigration journey too.

Ant (Visited, Married, Immigrated, Living Happily Ever After In The USA...)

Hi,

I've done my best to search the forums for an answer, but my situation seems to have pieces of several things.

I am a Canadian citizen that go engaged in November. I went to visit my fiance for the holidays and we decided to get married after Christmas. I am in the States still as a visitor, but I have a contract job in Canada that I am currently laid off from until March. I need to go back to my job and then have the ability to come to the US when the contract ends and I can be in the US (visitor or other). I want to start the immigration process, but am unsure the best way to go and if I can submit an I-130 while in the US, before I go back to Canada. From what I have read if I submit an AOS, I can't leave the States until that goes through.

Thanks

[sparcman 0]

Hi Sparcman,

Congratulations on your recent marriage during Christmas! May you and your spouse find happiness in married life here in the USA too.

No, it's not illegal that you came here to the US and got married while you were down here for a visit from Canada. As long as you came here WITHOUT the intention to get married in the first place on your visit and are not doing this as to avoid and/or break immigration laws, then it's fine and legal to do.

I was in the same situation before too, as a Canadian, when I came over to visit my boyfriend (now husband), on a 2 week US tourist visa (they gave me a B-2 visa in my passport, even though I'm from visa-exempt Canada), and then ended up getting married here in the USA. And yes, I did file for the adjustment of status and was approved and got my green card afterwards.

For more information on my sitation, see my VJ timeline (the link can be found on my signature).

As well, I stayed in the US for several months, before my green card was approved. I just stayed, as I did not need to return to Canada during that time, nor did I bother applying for an Advance Parole or Employment Authorization Document, even though others apply for these because they have a need to return to Canada before. I was told too, by an immigration lawyer, that my expired visitor's status was "forgiven" if I had filed for the Adjustment of Status/Green Card during that time. Personally though, during those months, even though I was in the midst of filing my paperwork, I felt kind of weird to be in the US somewhat "illegally", as I did not have valid status during that filing time. And yeah, I felt a lot better when I finally did get my green card later.

The next steps for you are:

1) DO NOT LEAVE THE USA AND DO NOT RETURN TO CANADA (unless you have Advance Parole) until your Adjustment of Status/Green Card case has been fully approved, otherwise your case will be abandonded and you will run into the risk of never being able to come back to the ever USA again.

2) File the following paperwork: I-130 (Petiton for Family Member), I-485 (Adjustment of Status), I-864 (Affidavit of Support), I-765 (Employment Authorization Document), I-131 (Advanced Parole), I-693 (Medical Forms)....Cost-wise, the total costs should be about $1000+ or so nowadays....

3) Hire a good immigration lawyer, if you run into any more problems, and/or if you are totally unsure about your situation.

Hope this helps. Good luck with your immigration journey too.

Ant (Visited, Married, Immigrated, Living Happily Ever After In The USA...)

Hi,

I've done my best to search the forums for an answer, but my situation seems to have pieces of several things.

I am a Canadian citizen that go engaged in November. I went to visit my fiance for the holidays and we decided to get married after Christmas. I am in the States still as a visitor, but I have a contract job in Canada that I am currently laid off from until March. I need to go back to my job and then have the ability to come to the US when the contract ends and I can be in the US (visitor or other). I want to start the immigration process, but am unsure the best way to go and if I can submit an I-130 while in the US, before I go back to Canada. From what I have read if I submit an AOS, I can't leave the States until that goes through.

Thanks

Hi, Thanks. Does it take a long time to get advance parole? I'm not sure I have enough time to stay in the States to wait before I have to be back at my job in Canada.

[sparcman 0]

You can still apply while still in the states. You just have to make sure your back in Canada before it gets sent to the consulate.

Also, if you are laid off and dont have a job when you try to visit the states again, good luck trying to pass through immigration.

Unless you can prove you have more strong ties to Canada (a job, a mortgage) than the states its gonna be hard for u to cross

Sounds like I would be better off doing a K-3 as well so I can come back and forth if needed. I know it is more money, but the job outweighs the cost of going the K-3 route.

[SapphireDreams 71]

I think your best option would be the CR1. Right now it takes about a year's time, and you would file and then wait in Canada while it is processing. You can still visit while it is processing, but you would just need to prove ties to Canada, which shouldn't be a problem since you'll have a job contract etc.

At the top, click on the blue guides tab and look for information on the CR1, it sounds like it would be your best option.

I wouldn't recommend just staying and adjusting your status because I highly doubt it would be complete by March. Also, since you were engaged when you crossed, you might have a harder time proving you had no intent to marry.

Anyways, CR1 is cheaper than the K3 and you end up with a greencard once you cross.

[trailmix 77]

I think your best option would be the CR1. Right now it takes about a year's time, and you would file and then wait in Canada while it is processing. You can still visit while it is processing, but you would just need to prove ties to Canada, which shouldn't be a problem since you'll have a job contract etc.

At the top, click on the blue guides tab and look for information on the CR1, it sounds like it would be your best option.

I wouldn't recommend just staying and adjusting your status because I highly doubt it would be complete by March. Also, since you were engaged when you crossed, you might have a harder time proving you had no intent to marry.

Anyways, CR1 is cheaper than the K3 and you end up with a greencard once you cross.

I agree with Sapphire, the CR1 is no doubt your best bet and also allows you to start work in the U.S. almost immediately (if you would like to do so) - it will take you around 10-11 months to finish processing the CR1 and you will basically have to wait that out in Canada - however you can visit during the process as long as you have strong ties to Canada to show at the border, you probably won't have a problem.

[Krikit 1,165]

Ditto to the above. I just came in here to welcome you to VJ.

[Reba 2]

I'll fourth the suggestion for CR1. By far the best option with the least hassle, and least cost.

[bluegreen 0]

I will fifth it:) I was in exactly the same situation. Came in Nov, married in Jan (okay a little later than you) had a contract job to get back to by March. I filed 1-130 and !-485 in Feb 11 and had my AP by the end of April. I missed out on a lucrative contract. SO even if you filed right this second, you would probably not get your AP by March. And it is stressful waiting! Plus traveling back and forth on AP when you are adjusting this way can be iffy (I did it only once).

[neiks 19]

I sixth the CR1. It will give you the ability to travel back and forth between the US/Canada as you need to for work. I went the CR route as I still worked in Canada and it was the best way for me to travel back and forth without the restrictions of the K1 visa.

[sparcman 0]

I will fifth it:) I was in exactly the same situation. Came in Nov, married in Jan (okay a little later than you) had a contract job to get back to by March. I filed 1-130 and !-485 in Feb 11 and had my AP by the end of April. I missed out on a lucrative contract. SO even if you filed right this second, you would probably not get your AP by March. And it is stressful waiting! Plus traveling back and forth on AP when you are adjusting this way can be iffy (I did it only once).

Hi, thanks. Ok, I understand the CR-1 is the better way to go if time or job were not in play, but I really want to go back to work on this contract. So, it appears that I will go back to Canada and file the I-130 and for the K-3. I'm ok working and waiting in Canada. We'll see which one goes through first. I know it is potentially extra expense and hassle, but I don't want to be stuck in the States and bypassing work. I don't think there is any harm to my immigration process in the US if I go back to Canada anyway. Anyone know if filing paperwork in the States before I go back is bad to do? Someone earlier said as long as I am back in Canada before the consulate gets my papers, which is going to take a while anyway.

[Flames9_RN 358]

k3 DOES NOT have work authorization right away. The CR-1 is the visa that has immediate work authorization, and they run along the same time frame (k3 and cr-1) U can file the paperwork while in the USA

[sparcman 0]

k3 DOES NOT have work authorization right away. The CR-1 is the visa that has immediate work authorization, and they run along the same time frame (k3 and cr-1) U can file the paperwork while in the USA

Ok, thanks. I understand the USA work authorization part, but that is not a priority right now. I can work in Canada until either CR-1 or K-3 come through to come down the States. A job in Canada is better than no job or looking for a job in the States.

I have my paperwork ready for I-130... so I will be getting that in the mail soon. Then I will go back to Canada in a few weeks to go back to work and then file for the K-3 after the I-130 is in and I can submit the paperwork for the K-3.

[Flames9_RN 358]

just making sure!! Cr-1 is a far superior visa than the k3, and it even costs less, and less overall paperwork! far less stressful,lol