marriage or fiancé visa?

[tulum 0]

If you are in the US and entered with no intent of getting married when you entered, you can stay and apply to adjust status from within the US. When you apply for AOS you also apply for EAD (employment authorization document). The EAD will take about 90 days to be approved and you are not allowed to work without it. As well, you would not be elligible for a SSN until you have the EAD so that would add another week or so to the time that you would not be allowed to work.

If you file for a K-1 visa, you would enter the US after receiving the K-1 and be able to get a SSN in about 2 weeks. However, you are still not able to work as you would require the EAD, and you can't get the EAD until you file for AOS and the EAD at the same time. Again, it would take about 90 days to come in. You cannot file for AOS until you are married.

If you get married and return to Canada for the CRI, you would remain in Canada (visits are allowed) during the processing but you would receive your green card when you crossed the border. Then you would just need to wait about 2 weeks so your information is in the computer system and you can apply for a SSN and go to work.

So, a wait will be required before you can work regardless of whatever process you use. If you need to work, you can work in Canada while waiting for the K-1 or the CR-1 (depending on whether or not you get married first). With the K-1 you would still have about 3 months unemployed in the US before you could work. With the CR-1 you would be eligible to work almost right away.

Those are your options.

I dont mean to contradict but i was married b4 to someone on a K-1 and they got their ssan number within a few weeks of arrival and was working sooner than 90 days legally. i cant remember exact dates but im sure it all happened b4 90 days. so unless things have changed or are different based on region, you might want to double check on that info. just to be sure you know

[thegordons2009 1]

I am in the USA just visiting. I believe i can be here for 6 months before I MUST return to Canada. So basically i want to stay here now, get married and do all the paperwork necessary.

[Bobby+Umit 161]

I am in the USA just visiting. I believe i can be here for 6 months before I MUST return to Canada. So basically i want to stay here now, get married and do all the paperwork necessary.

As long as you have no adverse factors against you, you can get married now and attempt to AOS. It will be probably approved.

You will not be able to work till you have the EAD approved, and you cannot leave till you have the AP approved.

[thegordons2009 1]

Thats great news. What kind of factors would stop me from having AOS approved?

[Bobby+Umit 161]

Thats great news. What kind of factors would stop me from having AOS approved?

Criminal pass, drug use, misrepesentation. The list goes on, up to the person looking at your case.

They look at everything and if you pass, you AOS, if not, you have some hoops to jump through.

Standard disclaimer:

Adjustment of status is discretionary. Even if you are eligible for adjustment and do not fall within one of the statutory bars, the USCIS may still deny an application for adjustment of status. Generally, adjustment of status will be granted if you are eligible under the statute and there are no "negative factors." A negative factor may include your intent to remain in the U.S. when you entered as a nonimmigrant, even if you did not commit fraud or willful misrepresentation. When such negative factors exist, the USCIS will weigh the negative and positive factors to determine whether to approve your adjustment application. Close family relatives, immediate relatives, may be a strong factor favoring adjustment.

[thegordons2009 1]

Thats great news. What kind of factors would stop me from having AOS approved?

Criminal pass, drug use, misrepesentation. The list goes on, up to the person looking at your case.

They look at everything and if you pass, you AOS, if not, you have some hoops to jump through.

Standard disclaimer:

Adjustment of status is discretionary. Even if you are eligible for adjustment and do not fall within one of the statutory bars, the USCIS may still deny an application for adjustment of status. Generally, adjustment of status will be granted if you are eligible under the statute and there are no "negative factors." A negative factor may include your intent to remain in the U.S. when you entered as a nonimmigrant, even if you did not commit fraud or willful misrepresentation. When such negative factors exist, the USCIS will weigh the negative and positive factors to determine whether to approve your adjustment application. Close family relatives, immediate relatives, may be a strong factor favoring adjustment.

I'm a little bit confused. Can i only do AOS if we applied for CR-1?

[laura819 0]

Thats great news. What kind of factors would stop me from having AOS approved?

Criminal pass, drug use, misrepesentation. The list goes on, up to the person looking at your case.

They look at everything and if you pass, you AOS, if not, you have some hoops to jump through.

Standard disclaimer:

Adjustment of status is discretionary. Even if you are eligible for adjustment and do not fall within one of the statutory bars, the USCIS may still deny an application for adjustment of status. Generally, adjustment of status will be granted if you are eligible under the statute and there are no "negative factors." A negative factor may include your intent to remain in the U.S. when you entered as a nonimmigrant, even if you did not commit fraud or willful misrepresentation. When such negative factors exist, the USCIS will weigh the negative and positive factors to determine whether to approve your adjustment application. Close family relatives, immediate relatives, may be a strong factor favoring adjustment.

I'm a little bit confused. Can i only do AOS if we applied for CR-1?

CR-1 doesn't require AOS. If you want to stay in the US legally, you HAVE TO do AOS.

[brad11 0]

I recently got engaged and looking into getting married. I understand what I have to do for the fiancé visa.

Question for all you reading this....can I just get married and then apply for all the necessary documents to get me legal here in the USA?

Or.... Is getting the fiancé visa a better way to go about getting me legal here?

new question: my gf in thailand. I want to get f-1 visa. I applied for school here usa - short course 2 weeks. Question is : is this too short , so US consulate will probably not approve , because of length.

Description in F-1 : is for full course length. Therefore , should I not do this application for 2 weeks. Should I only send i-20 to Gf for longer time. Catch 22, is you have to pay school first before apply i-20, then is risk to lose money

[recentlymarried!! 0]

i think if you marry on the Visa wavier program and adjust status, is considered illigal.

No that is not correct. But you do have to be careful when marrying while in the country on VWP. I did this, i was travelling back and forth to see my boyfriend, on one of my trips at the end of 2008 he proposed. I had a ticket booked back to aus but we made a last minute to get married so i could stay in the country and adjust my status. I consulted with 2 immigration lawyers and they assured me it is legal, especially since i got married toward the end of my stay and i had intent to travel back to my home country.

If you travel to the US on a visa waiver and get married within the first week, that is whats illegal.

[rooster 1]

i think if you marry on the Visa wavier program and adjust status, is considered illigal.

No that is not correct. But you do have to be careful when marrying while in the country on VWP. I did this, i was travelling back and forth to see my boyfriend, on one of my trips at the end of 2008 he proposed. I had a ticket booked back to aus but we made a last minute to get married so i could stay in the country and adjust my status. I consulted with 2 immigration lawyers and they assured me it is legal, especially since i got married toward the end of my stay and i had intent to travel back to my home country.

If you travel to the US on a visa waiver and get married within the first week, that is whats illegal.

If you want to give out advice, please make sure your information is accurate. The fact is, if you get married in the first week of visiting, it is not illegal. It is harder to prove that you did not enter with the intent to marry (which is illegal), But by no means is it illegal to marry in the first week.

[trailmix 77]

If you get married and return to Canada for the CRI, you would remain in Canada (visits are allowed) during the processing but you would receive your green card when you crossed the border. Then you would just need to wait about 2 weeks so your information is in the computer system and you can apply for a SSN and go to work.

Just want to clarify that you don't 'literally' get your green card when you cross the border with a CR1. It will arrive in the mail, generally a couple of weeks after you arrive in the U.S. - then, as Kathryn mentions, you will go and apply for your SSN.

[Simon and Janet 6]

i think if you marry on the Visa wavier program and adjust status, is considered illigal.

No that is not correct. But you do have to be careful when marrying while in the country on VWP. I did this, i was travelling back and forth to see my boyfriend, on one of my trips at the end of 2008 he proposed. I had a ticket booked back to aus but we made a last minute to get married so i could stay in the country and adjust my status. I consulted with 2 immigration lawyers and they assured me it is legal, especially since i got married toward the end of my stay and i had intent to travel back to my home country.

If you travel to the US on a visa waiver and get married within the first week, that is whats illegal.

If you want to give out advice, please make sure your information is accurate. The fact is, if you get married in the first week of visiting, it is not illegal. It is harder to prove that you did not enter with the intent to marry (which is illegal), But by no means is it illegal to marry in the first week.

How do you prove that you didn't go over with the intention of marrying? Especially the first poster above who made a few trips to the U.S and back last year?

[rooster 1]

i think if you marry on the Visa wavier program and adjust status, is considered illigal.

No that is not correct. But you do have to be careful when marrying while in the country on VWP. I did this, i was travelling back and forth to see my boyfriend, on one of my trips at the end of 2008 he proposed. I had a ticket booked back to aus but we made a last minute to get married so i could stay in the country and adjust my status. I consulted with 2 immigration lawyers and they assured me it is legal, especially since i got married toward the end of my stay and i had intent to travel back to my home country.

If you travel to the US on a visa waiver and get married within the first week, that is whats illegal.

If you want to give out advice, please make sure your information is accurate. The fact is, if you get married in the first week of visiting, it is not illegal. It is harder to prove that you did not enter with the intent to marry (which is illegal), But by no means is it illegal to marry in the first week.

How do you prove that you didn't go over with the intention of marrying? Especially the first poster above who made a few trips to the U.S and back last year?

There are no "defined" ways to prove you did or did not have intent to marry. Some of the things that could help would be your proof of ties to your home country, ie.. lease agreement, employment, etc..... Others that might help, "spur of the moment" wedding, if you have simple ceremony in front of judge, or quick trip to Las Vegas. If you have a huge elaborate wedding, that would take weeks to plan, this could raise a few red flags.