Need Advice Please

[Adirondacke 0]

Hello,

I need some advice. My girlfriend(fiance) from Canada recently came down to visit me in the United States. She told the POE IO that she was coming to visit her boyfriend. While she was down here we decided to get married because at the time I was planning on enlisting into the Navy. My navy recruiter told me that if we both got married by such and such a day that they would do the paper work for her to come live with me on the base when I got stationed. A couple days later the navy recruiter called me and said that I was inelgible to enlist because I was homeschooled. So we decided that she sponsor me to come to Canada. Now my question is this. The end of this July will she be able to come visit me (her husband) so that I can sign the sponsorship papers she has and we can fill out the forms for me to immigrate to Canada? Now if she was unable to sponsor me what option would I have to bring her to the United States legally? I know it will take some time just like immigrating to Canada. She is pregnant though and we want to be together as quickly as possible. I read on some forums and sites that if someone comes to the United States as a visitor and gets married and then files for AOS that they can get a green card. Isn't that illegal though and if it isn't is that an option or not?

Hope someone can share there input!

Thanks

[Kez/JWolf 6]

If someone comes to the States and on the spur of the moment they get married then yes they can do AOS and she can remain here in the States.... but as you have already discussed/planned to get married then it would not be spur of the moment and she would be entering with intent to remain and that is illegal....

Your best option is to file for K1 for your fiance or if you are already married then a K3

Good luck with whatever route you go

Kezzie

[Adirondacke 0]

Hello,

I need some advice. My girlfriend(fiance) from Canada recently came down to visit me in the United States. She told the POE IO that she was coming to visit her boyfriend. While she was down here we decided to get married because at the time I was planning on enlisting into the Navy. My navy recruiter told me that if we both got married by such and such a day that they would do the paper work for her to come live with me on the base when I got stationed. A couple days later the navy recruiter called me and said that I was inelgible to enlist because I was homeschooled. So we decided that she sponsor me to come to Canada. Now my question is this. The end of this July will she be able to come visit me (her husband) so that I can sign the sponsorship papers she has and we can fill out the forms for me to immigrate to Canada? Now if she was unable to sponsor me what option would I have to bring her to the United States legally? I know it will take some time just like immigrating to Canada. She is pregnant though and we want to be together as quickly as possible. I read on some forums and sites that if someone comes to the United States as a visitor and gets married and then files for AOS that they can get a green card. Isn't that illegal though and if it isn't is that an option or not?

Hope someone can share there input!

Thanks

Note* Just to make some simple clarifications. We both got married and it was not her intent to stay here in the U.S. after we got married. She was going to return back to Canada and wait until I got stationed at a Navy Base so she could come to the U.S. After I found out though that I was inelgible to enlist we still decided to get married and that she would return to Canada and then sponsor me to come live in Canada. I just would like to know if she can visit me so that I can help her fill out the forms and things. Also if she can't sponsor me what options do I have to bring her to the United States since we both are married and got married legally in the United States?

[miker32us 6]

As has been suggested on other posts it will be a lot easier for you to go to Canada on a regular basis than for your wife to come to the US. Once you do file the I-130 and it gets processed USCIS will have her passport number in thre system. It all depends on how cautious the customs officer is when she crosses and what questions are asked and how they are answered.

[Jersey Girl 2]

It might be better to have a plan and stick to it. Whether it's you going to Canada, or her coming to the States, it's going to take some time, so pick one.

Since you considered having her move back to Canada after your spontaneous wedding, you could still follow through on that and apply for a K3 once she leaves. Then, she'll have to stay there until it's granted. Or, if she's in the States now, and she had no intention of immigrating when she came, you might apply for Adjustment of Status. She'd have to stay here until it's granted. (Somebody correct me if this is wrong.)

But if she goes back to Canada now, and tries to re-enter in July, married and pregnant, she could be denied, since it'll appear she's trying to immigrate. Having her cross an international border to "help fill out papers" isn't a good plan, in my opinion, because it could screw up your best option, which is to have her come here legally.

It sounds like there may be a financial issue, which is why you think she may not be able to sponsor you to come to Canada. Is this right? This may be the angle from which to view everything: you have a wife and child on the way, and somebody has to be the breadwinner and sponsor. If you're not going into the Navy, then how about getting yourself a steady job so you can sponsor your family? That's probably a better idea than expecting an expectant mother to get a job in Canada to sponsor you.

[Adirondacke 0]

Would I be able to get my wife a k3 visa if we both got married in the US though?

[chocolaterie 0]

it doesn't matter where you got married. once married you file the k-3.

[Jersey Girl 2]

Would I be able to get my wife a k3 visa if we both got married in the US though?

The short answer is yes, and she'd have her interview in Montreal. The long answer is to read the Guides on K3. Where is she now? In Canada or the States?

[Reba 2]

She can still visit you, tho she may have more of a hassle at the border when trying to enter the country.

If she's coming to the US just to have you sign some forms, and she still has valid ties to Canada (lease for home, mortgage, job, bank accounts etc etc) the she should take that evidence with her when she goes (but only show it when/if asked! never offer up more information than necessary, it just confuses the matter).

I got married and then returned to Canada and traveled back and forth several times before we had immigration all sorted out, but then others have been denied entry and banned from re-entry until they have a visa. Its a ####### shoot really. But ya can't win if you don't play, as zyggy says

The immigration process for her to sponsor you to Canada can take years, I do hope you're ready for the wait. If you submitt the sponsorship and the application at the same time, then it can go quicker (check to see if that is still ok to do, it was several years ago when my husband and I tried, but rules have changed since). Processing fees are costly for CIC, but if the applications are denied or you withdraw them then fees are partly refundable, unlike USCIS. You have to have the medical exam before you send the application however, and include the results with your application. This of course adds to the cost.

If either her sponsorship petition is denied or your immigrant application is denied, then you can go the opposite way to the US. You won't find any of this out tho for a couple of years and in the meantime have to live apart. Then if necessary you can petition to sponsor Her to immigrate to the US with either a K3 or CR1 visa. That'll take about a year.

CIC sucks bigtime, so get ready to hunker down for a long long wait. Here's their website http://www.cic.gc.ca/english/index.html but its hard to find the spousal/family information because for some reason its been disconnected. The forms are there tho if you dig.

Check out the Canada regional forum here at VJ for some other threads about immigrating to Canada, there's a few there.

[Adirondacke 0]

It might be better to have a plan and stick to it. Whether it's you going to Canada, or her coming to the States, it's going to take some time, so pick one.

Since you considered having her move back to Canada after your spontaneous wedding, you could still follow through on that and apply for a K3 once she leaves. Then, she'll have to stay there until it's granted. Or, if she's in the States now, and she had no intention of immigrating when she came, you might apply for Adjustment of Status. She'd have to stay here until it's granted. (Somebody correct me if this is wrong.)

But if she goes back to Canada now, and tries to re-enter in July, married and pregnant, she could be denied, since it'll appear she's trying to immigrate. Having her cross an international border to "help fill out papers" isn't a good plan, in my opinion, because it could screw up your best option, which is to have her come here legally.

It sounds like there may be a financial issue, which is why you think she may not be able to sponsor you to come to Canada. Is this right? This may be the angle from which to view everything: you have a wife and child on the way, and somebody has to be the breadwinner and sponsor. If you're not going into the Navy, then how about getting yourself a steady job so you can sponsor your family? That's probably a better idea than expecting an expectant mother to get a job in Canada to sponsor you.

Jersey Girl,

What I ment about helping fill out papers was her showing the US Customs agent the Canadian Immigration papers to sponsor me(her husband). It wouldn't have any intent of her staying in the US. Do you understand what I mean?

[Reba 2]

yeha, but the border guards don't see it that way. Their job is to suspect that ANYONE crossing into the US has intent to stay illegally. Its OUR job as tourists to prove them otherwise.

[Adirondacke 0]

How long would the k3 take? She is expecting the baby in February next year and I do have a job with walmart already lined up for me right now. Will I be able to have a co-sponsor since I don't have 3 years of tax returns and I am only 19 soon to be 20? If it is possible to get her here before February what would I have to do for her health insurance to have the baby? I have alot of questions im sorry. Just want to make the best and smartest decision.

Edited June 28, 2006 by Adirondacke

[Reba 2]

K3 may take nearly a year or so, dunno, check some recent timelines. Mine took 9 months from when we sent the I-130 til I got my interview I think.

She may be better off having the baby in Canada, won't cost you much there, couple hundred dollars maybe, and having a baby in the States can possibly cost thousands, even with insurance. You wouldn't need to sponsor the baby, as its a US citizen by birth, even if born in Canada. Just fill out the birth abroad paperwork at the US consulate after its born.

[Jersey Girl 2]

What I ment about helping fill out papers was her showing the US Customs agent the Canadian Immigration papers to sponsor me(her husband).

U.S. Immigration officials are not interested in seeing those papers, as Reba points out, which you won't have next month anyway. Besides, you'd have no way of entering that part of the airport or land border crossing, since she'd be segregated. (And if she's flying from Toronto, she'd be going through pre-clearance there and never even setting foot on U.S. soil if she were denied.) Net net, you'd have no way of being with her, nor any papers that would help.

If she attempts to cross into the States, and you understand the risks, she'd better have a stack of papers showing that she's domiciled in Canada and has reasons to return. But this isn't your issue. You need to do some homework on the best option for you as a family, which is what you are now. It's not clear you have a handle on the immigration process, costs, and timelines for either country. Time to bone up, and try not to screw up, by putting your wife in jeopardy.

Whether you've applied for anything or not, you've embarked on a visa journey and need to know everything about your choices. Then, you can decide if you want to risk having her denied, photographed and fingerprinted next month. Where is she now?

[raymaga 25]

If your job at Wal-Mart does not meet the Poverty Guidelines, then you will require a co-sponsor anyways (like your parents, or some other relative).

I agree with the previous poster about having the baby in Canada. I don't remember it costing anything to have my kids in Canada, but here in the US, it costs thousands.

Because you are already married, you will have to go the K-3 route. I would suggest you read the "Guides" and "Visa FAQ" sections here on VJ, then start filling out the paperwork so that you can be together as soon as possible.

Your wife can probably visit you while the K-3 is pending, but like other posters have said, she will require proof that she intends to return to Canada after her visit. There is always a 50/50 chance that she will be let into the U.S., but having proof that she intends to return will help a lot. Her most recent pay stub is one good piece of proof she can take with her.

You can always go to Canada to visit her too. And you could also take turns going back and forth so neither of you is going into either country too often.