Canadian Living in US, Married to Citizen

[qbert 0]

Hi! Apologies if this has already been covered, but I didn't see anything similar enough to answer my questions to my satisfaction, so I thought I'd just ask.

I am a Canadian citizen currently living in the US with my husband. We just got married a few weeks ago, but I've been living here for nearly three years. I went back to Canada once during this period, two and a half years ago, to visit family, but haven't budged since then. Before I moved here, I had a joe job and a month-by-month apartment as well as a second job working for a Canadian game company doing concept art. I visited my then-boyfriend and decided I simply couldn't be apart from him; however, we weren't yet ready to get married as he was less than a year out of a divorce with kids involved. I quit my joe job and cancelled my lease with my apartment and moved to the States. The Canadian company I was working for went under shortly after I moved and I haven't heard from them since. I have not sought employment since then, in the States or otherwise.

Now that we're married, I want to become a legal resident. What should I do? I want to be able to stay here if at all possible; it would be heartbreaking to be separated from him for even a month, never mind the years it seems to take to get an application processed. However, I don't want to lie or do anything fraudulent.

Any advice is appreciated, thank you.

[Bobby+Umit 161]

Read the guides above. (both people in the US)

You are currently out of status, proceed carefully.

[qbert 0]

Read the guides above. (both people in the US)

You are currently out of status, proceed carefully.

I read all the guides that seemed applicable, but found nothing to indicate what would happen if we were to apply for a K3 - except a warning that it could be dangerous if a visit was overstayed. The danger wasn't explained, though @_@

[canadian_wife 1,827]

You are going to want to file the I-130 and the I-148 (for adjustment of status) plus the GA-325.

DO NOT leave the U.S. until the process is complete. If you have been living there for 3 years, did you have a valid visa to be there this whole time?

Good luck on your journey.

[qbert 0]

You are going to want to file the I-130 and the I-148 (for adjustment of status) plus the GA-325.

DO NOT leave the U.S. until the process is complete. If you have been living there for 3 years, did you have a valid visa to be there this whole time?

Good luck on your journey.

No, I do not have a visa. Canadians don't require a visa to visit the US, but I believe, now that we're looking into it, that 6 months is the longest we're supposed to stay here... Originally I was mistakenly informed by a friend that I could stay as long as I wanted as long as I wasn't seeking employment.

[canadian_wife 1,827]

I am aware that Canadians do not require visas to visit the US for up to 6 months in one calendar year, they do require visas to 'live' there for 3 years.

Have you overstayed?

[qbert 0]

I am aware that Canadians do not require visas to visit the US for up to 6 months in one calendar year, they do require visas to 'live' there for 3 years.

Have you overstayed?

Yes, I overstayed after my return from my first/only visit back to Canada. Timeline -

Move to US (w/o visa or expression of intent)

-5 1/2 months pass

Visit Canada

-2 weeks pass

Return to US

2 1/2 years pass

Marry US Citizen

Now.

[canadian_wife 1,827]

ok, DO NOT leave the U.S. File the I-130 and the I-485 ASAP. Overstays are generally forgiven if married to a U.S. citizen. But you will likely be asked about it during your interview.

Good luck on your journey.

[qbert 0]

ok, DO NOT leave the U.S. File the I-130 and the I-485 ASAP. Overstays are generally forgiven if married to a U.S. citizen. But you will likely be asked about it during your interview.

Good luck on your journey.

I looked into the I-485 form and this site: http://www.visanow.com/immigration-attorne...n-card-I485.asp says that I am ineligible because my authorized stay expired before applying. Should I apply anyway, or...?

[pushbrk 13,059]

ok, DO NOT leave the U.S. File the I-130 and the I-485 ASAP. Overstays are generally forgiven if married to a U.S. citizen. But you will likely be asked about it during your interview.

Good luck on your journey.

Correct. Adjust status. Visas are used to enter countries. You're already here so don't need a "visa".

[Reba 2]

The "danger" is that because you are adjusting from a tourist status, and that you have a considerable overstay, your application *could* be denied, and then you have no avenue of appeal. If your application is denied, then you *will* be deported, and most definitely will have to return to Canada, and will likely be barred from re-entering the US for several years.

[pushbrk 13,059]

The "danger" is that because you are adjusting from a tourist status, and that you have a considerable overstay, your application *could* be denied, and then you have no avenue of appeal. If your application is denied, then you *will* be deported, and most definitely will have to return to Canada, and will likely be barred from re-entering the US for several years.

That IS a danger but seems pretty remote from the story told here. It would be a good idea to at least have a consultation with a qualified immigration attorney.