Question about residing in the US while processing.

[Vickers 0]

I met my fiancé late in 2008 and have been in the states to visit a number of times. This last time I was there we decided to get married. Now that I am here and married to my lady, do I begin the filing process from here? Or should I go back to Canada and start the process there? I'm hoping that I can do the process from WA state as it's far easier for me to assimilate this way rather than having to return to Canada and begin there.

From what I've read thus far, it seems as though I can file from here. Though I will not have the ability to work. Is this correct?

[pushbrk 13,044]

I met my fiancé late in 2008 and have been in the states to visit a number of times. This last time I was there we decided to get married. Now that I am here and married to my lady, do I begin the filing process from here? Or should I go back to Canada and start the process there? I'm hoping that I can do the process from WA state as it's far easier for me to assimilate this way rather than having to return to Canada and begin there.

From what I've read thus far, it seems as though I can file from here. Though I will not have the ability to work. Is this correct?

It depends on the intended purpose of your visit as stated the last time you crossed the border. If you came with the intention of staying, that's visa fraud. If you came to visit and later changed your mind, got married and want to stay, that's ok. You'll need a plausible story to stay though. Did you leave a job and house full of furniture behind? If not, look out. If so, remember that if you leave and come back, it's a whole new ballgame. This is a situation where nits get picked and the burden is on you.

Either way, I doubt you want a K3 visa. Read the CR1 guide first.

Edited May 21, 2009 by pushbrk

[rebeccajo 14]

You can definitely file from here, whether you decide to adjust from within the states or whether you file for a visa.

[Reba 2]

YOu can stay to adjust status, but just know that you're pretty much stuck in the US until you get your green card in your hot little hand. You can't leave to go back to Canada to get the rest of your stuff, and you can't even really have it sent down duty free either until you have your green card.

Plus, as you already know, you won't be able to work for several months, can your new wife afford to keep you for a while if you have no income?

Read the GUIDES above for info on the Adjustment of Status process.