Canadian marrying US military

[Neophyte282 0]

Thanks for the clarification!

I'm really thinking of doing the AoS or CR1. I guess it would be harder for me to go home and back with ust the AoS, right?

Is it faster to get my SSN by CR1 or AoS? I don't have a drivers license and would need to get one asap here.

[Krikit 1,163]

A lot of misinformation abounds, Neophyte. Have a read in this forum: AOS From Work, Student & Tourist Visas

[JillA 2]

Hi Neophyte. Welcome to VJ.

If you're okay with staying in the US and not being able to return to Canada for a while, you can marry and apply to adjust status. The downside of this route is that you will not be able to return to the US if you leave prior to either receiving Advance Parole (AP) or your greencard. And, even if you do use your AP to return to the US, it'#######-and-miss as to whether or not the CBP Officer will allow you in. The length of time to receive your greencard varies greatly. Some have received it in a few months, while others on the other end of the scale waited years. I believe the average is just under a year.

A K-1 visa allows you to enter the US to marry in the US, and then adjust status. You will need to return to Canada to complete this process. The downside of the K-1 is that you will still need AP if you leave the US prior to receiving your greencard.

As Kathryn says, there are other visas. You're best to start here and begin to read up on the different types of visas and what fits best in your situation. Good luck.

Krikit, are you serious!? I thought AP was issued by USCIS, so why wouldn't the CBP officer allow you back in? You are doing everything the "right" way.... I am dying for my AP so I can go home in March.... but now I'm freaking out!! I have to be able to come back!!

[thetreble 19]

Well everything is at their discretion really.

I got my AP but never had to use it...so I'm not really sure.

[Neophyte282 0]

Thanks again for all of your replies. I will have to go home sometime soon since I don't have nearly enough of my things since I was only planning on staying here for 10 days. The benefit of me getting married asap is that my fiance and I can get our own place and the military helps pay when you are married. Money is a bit of an issue, so I think I'm going to have to talk to an immigration lawyer to figure out the best way to go.

sigh.

[trailmix 77]

Thanks again for all of your replies. I will have to go home sometime soon since I don't have nearly enough of my things since I was only planning on staying here for 10 days. The benefit of me getting married asap is that my fiance and I can get our own place and the military helps pay when you are married. Money is a bit of an issue, so I think I'm going to have to talk to an immigration lawyer to figure out the best way to go.

sigh.

Well, since you need to go back to Canada soon - at least that narrows down your options.

[Neophyte282 0]

I don't neeeeed to but depending on what I need for this whole process, then maybe so. I have my birth certificate and passport here.

I still need to do my 2007/08 taxes though.

[trailmix 77]

I don't neeeeed to but depending on what I need for this whole process, then maybe so. I have my birth certificate and passport here.

I still need to do my 2007/08 taxes though.

You can do them from anywhere, that isn't really a hang up.

Many many people do the U.S. immigration process without help from a lawyer - however - sometimes it is a good idea to get a consulation so you can sit down with someone and discuss your options.

We hear about many bad 'immigration' lawyers here on VJ, which is not surprising because if the lawyer they hired was great they wouldn't be seeking help elsewhere.

Hopefully your boyfriend may know someone who used a lawyer for immigration as it is important to find a really GOOD lawyer. This process involves gathering many documents and filling in many forms, a lot of this work you will have to do yourself anyway - but if you feel you need one on one guidance, I think it's a good idea.

Edited February 2, 2009 by trailmix

[Flames9_RN 358]

You can usaully get a free consult with a lawyer, and it majority of cases one does NOT need a lawyer. It doesnt get much more clear than this: http://www.visajourney.com/forums/index.ph...mp;page=compare when it comes to comparing the visas!

I had not found VJ,and we used a lawyer. She cost us $2500, and that did NOT cover any of the Immigration process fees! In majority of cases all the Lawyer does is PROOF READ ur paperwork! And yes, they will mail you the forms, but you can download the forms for free! YOU still have to gather al the required documents (long form birth cert, Police background check, etc etc) And more than likely your going to be filling out the forms!! Then you will mail the compleetd forms to them (or walk them to them) and they will proof read the forms! lot of $$$ for very little work!!

Here on VJ, there are even pictures of completed out forms (look at the top of the page for EXAMPLE FORMS)

Since he is in the military, see if the lawyers on base can be of any assistance, they might be. Best of luck. The paperwork really isn't that hard, its the waiting that will kill ya,lol

[Krikit 1,163]

Krikit, are you serious!? I thought AP was issued by USCIS, so why wouldn't the CBP officer allow you back in? You are doing everything the "right" way.... I am dying for my AP so I can go home in March.... but now I'm freaking out!! I have to be able to come back!!

It's okay, Jill. It's not going to apply in your case. You came in on a K-1 visa. I was thinking more along the lines of someone who came in without a visa and was adjusting with an overstay. I wouldn't want to be the one trying to gain entry under those circumstances. I returned to the US numerous times with my AP. It's not a big deal.

Thanks again for all of your replies. I will have to go home sometime soon since I don't have nearly enough of my things since I was only planning on staying here for 10 days. The benefit of me getting married asap is that my fiance and I can get our own place and the military helps pay when you are married. Money is a bit of an issue, so I think I'm going to have to talk to an immigration lawyer to figure out the best way to go.

sigh.

Well, you can still get married right away, then apply for a spousal visa. That lets you return to Canada and then you can visit until you receive it.

[JillA 2]

Krikit, are you serious!? I thought AP was issued by USCIS, so why wouldn't the CBP officer allow you back in? You are doing everything the "right" way.... I am dying for my AP so I can go home in March.... but now I'm freaking out!! I have to be able to come back!!

It's okay, Jill. It's not going to apply in your case. You came in on a K-1 visa. I was thinking more along the lines of someone who came in without a visa and was adjusting with an overstay. I wouldn't want to be the one trying to gain entry under those circumstances. I returned to the US numerous times with my AP. It's not a big deal.

Thanks again for all of your replies. I will have to go home sometime soon since I don't have nearly enough of my things since I was only planning on staying here for 10 days. The benefit of me getting married asap is that my fiance and I can get our own place and the military helps pay when you are married. Money is a bit of an issue, so I think I'm going to have to talk to an immigration lawyer to figure out the best way to go.

sigh.

Well, you can still get married right away, then apply for a spousal visa. That lets you return to Canada and then you can visit until you receive it.

Phew... sorry for over-reacting, I am a huge worry wart. Anytime I go through US Customs my heart pounds and I feel like a criminal, even though I have nothing to hide nor lie about!! I'm planning 1.5 weeks in Oakville and 5 days in Montreal which I'm very excited about.... *fingers crossed for AP*

[Neophyte282 0]

Ok, really confused here.

Let's say we get married. We fill out the I-130 but is that for AoS or CR1?

[Krikit 1,163]

Phew... sorry for over-reacting, I am a huge worry wart. Anytime I go through US Customs my heart pounds and I feel like a criminal, even though I have nothing to hide nor lie about!! I'm planning 1.5 weeks in Oakville and 5 days in Montreal which I'm very excited about.... *fingers crossed for AP*

Haha. I'll be in Oakville next week. If we were there at the same time we could have met up.

I Montreal.

[JillA 2]

Phew... sorry for over-reacting, I am a huge worry wart. Anytime I go through US Customs my heart pounds and I feel like a criminal, even though I have nothing to hide nor lie about!! I'm planning 1.5 weeks in Oakville and 5 days in Montreal which I'm very excited about.... *fingers crossed for AP*

Haha. I'll be in Oakville next week. If we were there at the same time we could have met up.

I Montreal.

Ahhhhh that's awesome!! My Dad lives in Montreal, Mom and Sis in Oakville so I'm gonna make the rounds!! Then come back, buckle down and look for a job

[Krikit 1,163]

Ok, really confused here.

Let's say we get married. We fill out the I-130 but is that for AoS or CR1?

Depends on what route you're taking. If you're going to marry and adjust status to remain in the US you file the I-485. If you're going to marry then apply for a spousal visa (CR-1) then that's the I-130.