PLEASE HELP! Canadian is married to US citizen, Where to start? only have 18 days left until visitor visa expires. PLEASE HELP!

[Frenchess 0]

I'm not sure where to start, so I'll explain our situation, and perhaps that will shed some light on how we should proceed.

I'm from Quebec, Canada, and a 2 years ago few years ago I was studied abroad at University in Long Beach, CA. After University, I moved back to Canada. 2 years later, I came out to visit my Aunt, who lives in southern California, and I met the man of my dreams, and we fell in love. That was in August of 2008. Since I was only visiting, I flew back to Canada in tears. We stayed in touch, and talked on the phone everyday. In October of 2008, his sister got married in Indiana, and I went to the wedding and met his family. After that visit, we knew that we had something special. We stayed connected and committed to each other, talking everyday on the phone. On Dec. 28th, 2008 I decided that I would come visit him in California, and stay with him a while and hopefully find a job where I could be sponsored for an H1B visa.. While on my quest and search for jobs, our love for each other grew more intense everyday. On April 24, of 2009 he proposed to me, and I obviously said yes. We were officially married on May 8, 2009. Now, we are trying to file the proper legal paperwork so that I can stay in the US legally without having to return back to Canada to file the I-130 visa... or whichever form I should file I don not know...? hence, this is why I'm writing this.. ha

Sorry for the long story, but sometimes it helps to know where we stand, since there are so many diferent options for submission.

If you have any ideas, suggestions, or know where we may find answers that can help speed along our submission process, we would greatly appreciate it.

My actual 6 month visitor visa will expire on June 28, 2009, and today is already June 10th, so, I'm feeling very nervous at the moment. We have not yet filed any paperwork. Do you know if we still have time? Also, we have been speaking with an attorney, and they want to charge a very hefty fee to do this for us, and we don't really have the finances to afford their services. In our situation, and with time running out, is this something we could still do ourselves? Or should we proceed with an attorney to ensure that everything works out, and that we do not suffer the consequences of deportation?

Please let us know if this is something you might be able to help us with.

WE truly appreciate antyhing you could offer to help us out in anyway.

Our main goal is to avoid separation. We are truly in love, and can't imagine not being able to be together. We hope that it is still possible to file properly, and that we remain be able to stay together during the process?

If you have Any suggestions? Please let us know.

Thanks again in advance!

[sunshine77 0]

based on your situation, you can file for adjustment of status. which you will eventually be interviewed and asked about entering the US on a visitors visa and getting married. There is the risk of denial based upon that (coming to the U.S. and getting married is usually a K1 visa). Be prepared to justify your situation with USCIS. OR you can file a k3 visa or CR1 (I130). and return to Canada and wait for approval (which usually takes 6 months),which is also the proper way. the good thing is this is much less riskier. The bad thing is that you will spend time apart with your husband. unless he temporaraly moves to canada with you without giving up his US residency and wait for the K3 or CR1.

As for the laywer fees, you can totally do it yourself with alot of good links and guidance here on VJ and other websites. If you are still worried about mistakes, some attorneys and agencies charge a minimal fee to check the completness and accuacy of your package to submit before you submit it yourself. or you can schedule an appointment with your local USCIS office and ask them about your paperwork.

Whatever you do, just do not overstay your visa. File before it expires or return to Canada.

I understand the pain of leaving your SO to wait for a visa. I fly up to Victoria BC every month just for a few days to be with my wife while we wait for our approval. Its sad everytime i have to leave her and its putting a huge dent in my wallet.

Wish you the best of luck.

[Krikit 1,165]

I'm moving your thread to the AOS From Other Visas forum where you will meet others who have gone/are going through the same situation. You can stay and file for adjustment of status, but you will find more information in that forum.

Welcome to VJ, Frenchess.

[Carlawarla 1]

I think you're going to have to go back to Canada and apply for a CR-1 visa or K-3. That means you're going to be apart until you can get the proper visa to re-enter the US and remain here. Read the guides to see what might be your best bet. Most people are just going for the CR-1 visa, that allows for them to get a GC when they arrive in the US with that visa and not have to adjust status, but each person has to decide what's best for them.

You could adjust your status while you're there now. The problem with that is when you have your adjustment of status interview, you have to prove you didn't intend to immigrate when you came down in December 2008. From what you write, you were coming for an extended visit, and then married, and now you're wondering if you could just stay...but some things they might look at was whether you were working at the time of the visit in Canada, where are your belongings...did you have a house or apartment there? If say you quit your job, had been living with your parents, or gave up your apartment and sold all your goods etc, THEN came to visit for 6 months, and now want to stay, I'd suggest it's not going to look good by just staying until you receive your adjustment of status.

A few things you should know. If you decided to just stay and submit the paperwork now to stay, IF you were denied...like they thought you came here with the intention of immigrating, then you'd be denied, and there is no appeal, and you'd have to go back to Canada, and hope your husband could immigrate there.

Another thing you should know, is if you apply for adjustment of status now, you can't go back to Canada (well, you can, but you won't be able to get back into the US) until the process is done.

There have been successful cases here on VJ at least where people HAVE adjusted status while in the US after marrying during a visit. I guess the things that stand out for me is not knowing what your situation in Canada was like prior to your last visit.

[chizkeyk 0]

16 days to go probably... go pack-up and leave the country, then figure out what to do next. Dig other posts related to your case. If still you couldn't figure it out, then get a lawyer with very good reputation. But still, you have to get out before your visa expire...

[tbhere 0]

I'm not sure where to start, so I'll explain our situation, and perhaps that will shed some light on how we should proceed.

I'm from Quebec, Canada, and a 2 years ago few years ago I was studied abroad at University in Long Beach, CA. After University, I moved back to Canada. 2 years later, I came out to visit my Aunt, who lives in southern California, and I met the man of my dreams, and we fell in love. That was in August of 2008. Since I was only visiting, I flew back to Canada in tears. We stayed in touch, and talked on the phone everyday. In October of 2008, his sister got married in Indiana, and I went to the wedding and met his family. After that visit, we knew that we had something special. We stayed connected and committed to each other, talking everyday on the phone. On Dec. 28th, 2008 I decided that I would come visit him in California, and stay with him a while and hopefully find a job where I could be sponsored for an H1B visa.. While on my quest and search for jobs, our love for each other grew more intense everyday. On April 24, of 2009 he proposed to me, and I obviously said yes. We were officially married on May 8, 2009. Now, we are trying to file the proper legal paperwork so that I can stay in the US legally without having to return back to Canada to file the I-130 visa... or whichever form I should file I don not know...? hence, this is why I'm writing this.. ha

Sorry for the long story, but sometimes it helps to know where we stand, since there are so many diferent options for submission.

If you have any ideas, suggestions, or know where we may find answers that can help speed along our submission process, we would greatly appreciate it.

My actual 6 month visitor visa will expire on June 28, 2009, and today is already June 10th, so, I'm feeling very nervous at the moment. We have not yet filed any paperwork. Do you know if we still have time? Also, we have been speaking with an attorney, and they want to charge a very hefty fee to do this for us, and we don't really have the finances to afford their services. In our situation, and with time running out, is this something we could still do ourselves? Or should we proceed with an attorney to ensure that everything works out, and that we do not suffer the consequences of deportation?

Please let us know if this is something you might be able to help us with.

WE truly appreciate antyhing you could offer to help us out in anyway.

Our main goal is to avoid separation. We are truly in love, and can't imagine not being able to be together. We hope that it is still possible to file properly, and that we remain be able to stay together during the process?

If you have Any suggestions? Please let us know.

Thanks again in advance!

There have been hundreds of cases where people come into the US and file adjustment of status. It is not illegal to file once you are in the country. If you are really concerned go and talk to a lawyer. However, just so you know, don't leave the country and file other paperwork, just stay where you are in the US and file right away!! The sooner you do it the sooner you can get your residency. File for you work authorization at the same time and then you can work down there as well even though your AOS may not be complete. I talked to a lawyer about this a while back about my husband, who is canadian, and this is how he informed me. Start the I-485 and get all your documents together. If you go into your interview and they ask you about entering as a visitor and staying on longer than your visa, explain that your paperwork was in process. I would definitely speak to a lawyer for your own peace of mind though. Again it is not illegal for you to stay in the country and file AOS while there, even if your visa is going to expire. There are canadians that come in and just stay and then years later they file for AOS and they were not denied residency, some are close friends of mine. Try to send the documents out before your visa expires. If your lucky you will have residency in 6-8 months, and working legally in 3.

Don't leave the country and try doing it the other way, you won't be able to come back down until all of your paperwork is done!!!! K3 and CR-1 are good but don't do it if you don't have to.....just extra money and time you don't need to waste!! As long as you entered the country legally when you came down that is all that matters.

[Frenchess 0]

I'm moving your thread to the AOS From Other Visas forum where you will meet others who have gone/are going through the same situation. You can stay and file for adjustment of status, but you will find more information in that forum.

Welcome to VJ, Frenchess.

Thanks...

[Frenchess 0]

I think you're going to have to go back to Canada and apply for a CR-1 visa or K-3. That means you're going to be apart until you can get the proper visa to re-enter the US and remain here. Read the guides to see what might be your best bet. Most people are just going for the CR-1 visa, that allows for them to get a GC when they arrive in the US with that visa and not have to adjust status, but each person has to decide what's best for them.

You could adjust your status while you're there now. The problem with that is when you have your adjustment of status interview, you have to prove you didn't intend to immigrate when you came down in December 2008. From what you write, you were coming for an extended visit, and then married, and now you're wondering if you could just stay...but some things they might look at was whether you were working at the time of the visit in Canada, where are your belongings...did you have a house or apartment there? If say you quit your job, had been living with your parents, or gave up your apartment and sold all your goods etc, THEN came to visit for 6 months, and now want to stay, I'd suggest it's not going to look good by just staying until you receive your adjustment of status.

A few things you should know. If you decided to just stay and submit the paperwork now to stay, IF you were denied...like they thought you came here with the intention of immigrating, then you'd be denied, and there is no appeal, and you'd have to go back to Canada, and hope your husband could immigrate there.

Another thing you should know, is if you apply for adjustment of status now, you can't go back to Canada (well, you can, but you won't be able to get back into the US) until the process is done.

There have been successful cases here on VJ at least where people HAVE adjusted status while in the US after marrying during a visit. I guess the things that stand out for me is not knowing what your situation in Canada was like prior to your last visit.

Hi, thanks for your quick answer.

I came here for 6 months in a student visa 3 years ago and I always dreamt about one day, living here.

I am a teacher. I've been teaching for 3 years and I decided on sub teaching for that year because, I knew I wanted to come here for the winter and there was cut in the school budget. So I was on call. Right before I left, I could have add a contract until the end of the year, full time but I refused it. Since I was living with my parents and had some money saved,

I decided to try to come here and find a job, a sponsor for an H1b.

I was living with my parents, nothing to loose, sold all my belongings when I sold my house a year and a half ago. I came here to visit my aunt in August 08, met my future husband, fell in love. Went to his sister wedding in October, we talked on the phone everyday.

I didn't know at the time what our relation was going to be. It was really strong and he offered me to come and stay with him while I was doing my job search. I had my equivalency stating that my studies were equivalent to be able to work here. Couldn't find a job unless I had a visa, couldn't have a visa until I had a job. Catch 22! Meanwhile, I was staying with him and his roommate, and our love grew. He realized he wanted to be with me for life and there we are.

Does that help???

How is it looking???

[Frenchess 0]

based on your situation, you can file for adjustment of status. which you will eventually be interviewed and asked about entering the US on a visitors visa and getting married. There is the risk of denial based upon that (coming to the U.S. and getting married is usually a K1 visa). Be prepared to justify your situation with USCIS. OR you can file a k3 visa or CR1 (I130). and return to Canada and wait for approval (which usually takes 6 months),which is also the proper way. the good thing is this is much less riskier. The bad thing is that you will spend time apart with your husband. unless he temporaraly moves to canada with you without giving up his US residency and wait for the K3 or CR1.

As for the laywer fees, you can totally do it yourself with alot of good links and guidance here on VJ and other websites. If you are still worried about mistakes, some attorneys and agencies charge a minimal fee to check the completness and accuacy of your package to submit before you submit it yourself. or you can schedule an appointment with your local USCIS office and ask them about your paperwork.

Whatever you do, just do not overstay your visa. File before it expires or return to Canada.

I understand the pain of leaving your SO to wait for a visa. I fly up to Victoria BC every month just for a few days to be with my wife while we wait for our approval. Its sad everytime i have to leave her and its putting a huge dent in my wallet.

Wish you the best of luck.

THX so much for taking the time. I understand your situation and hope that you are gonna have the paperwork soon and not have to go through that for too long.

She is letting you leave but is never gonna let you go...

[Inna 0]

Hey! NO ATTORNEY!!!NO EXTRA MONEY SPENDING! You are in an ok situation, if I'm not mistaken you can overstay your visa up to 3 months bfore you apply for AOS. Start filing the paperwork right now!Even if you are late and send it after June 28th,there shouldn't be a problem. As far as the deportation, I'm pretty sure your situation would look legit to the government. If you have a proof of you being here as a student and a visitor and the relationship and correspondence with youer future husband, that's what you need to have just in case. You could make copies of your previous visas in your passport and phoe bills showing your correspondence along with pictures of you at different times. However, it is not very nessesary. Many people come here for as much as 2 MONTHS and manage to find someone, get married, and apply for AOS the following day and get approved. Believe me, your situation is much better, you have already been married for a month! Just gather some pictures of you, your wedding, open a bank account together, and, for instance, register for the lease together or health insurance and send the proof of this in your AOS packet. You don't have to do all of these things right now, but one of them is required (pictures of you are just optional though).I think you should be fine!Good luck!!!

[breter 0]

Listen to the people here and you will be stress free before long. The guides here are excellent and so is the advice from the members. An attorney is not needed unless you have very special circumstances or having to fight something.

I'll try to outline the things that we had questions about and what helped us get through the paperwork process (We just recently filed and our checks were cashed! yay)

Follow this to the letter

http://www.visajourney.com/forums/index.ph...page=i130guide2

Use the examples here to fill out your forms

http://www.visajourney.com/forums/index.ph...p;page=examples

Any questions you have about certain document fields just read through the instructions for the form. If you still have doubts or questions, ask in this forum.

When filing, one package, two envelopes

Envelope #1 - I-485/I-765/I-131 (I-131 is optional) Package

You will need to include a check for $1010. Also include in this package the G-325a for you, I-864, and I-693. And all supporting documentation according to the guide above.

Envelope #2 - I-130 Package

You will need to include a check for $355. Also include in this package the G-325a for both you and your spouse, and all supporting documentation.

If you have a birth certificate in another language, have someone translate it. Preferably a state run university as that will most likely be required to get your drivers license here in the US.

The I-693 for us was the biggest pain. It cost us around 250 dollars to get it done. If you don't have a vaccination record from your home country, you can go to the state department of health office and obtain the vaccinations there. Be sure to call your local civil surgeon to find out what vaccines you may be required to get BEFORE visiting him. If you have a vaccination record, he should be able to transcribe it as long as it is in English, or has been translated. Also, its a good idea to get the syphilis, HIV, and TB test done at the health department (usually cheaper).

GOOD LUCK and post here your progress!!

Edited June 11, 2009 by Terry D

[Jauque 1]

My fiance and I considered adjusting when I was in the states but because I didn't have a visa (being a canadian citizen) I thought I wasn't eligible since I technically wouldn't be adjusting from anything. I was wrong however and kick myself in the butt about it everyday we'd be happilly married and living together if I hadn't been so ignorant.

My point in posting this you are referring to your "visitor's visa" which you don't have unless the CBP officer gave you a B2 which rarely happens. Just wanted to clarify that as a canadian citizen visting the US you have NO visa so when your filling out your paperwork unless you were given a B2 do not refer to your current stay as being on a "visitor's visa".

[nation.of.aliens 0]

I think you're going to have to go back to Canada and apply for a CR-1 visa or K-3. That means you're going to be apart until you can get the proper visa to re-enter the US and remain here. Read the guides to see what might be your best bet. Most people are just going for the CR-1 visa, that allows for them to get a GC when they arrive in the US with that visa and not have to adjust status, but each person has to decide what's best for them.

You could adjust your status while you're there now. The problem with that is when you have your adjustment of status interview, you have to prove you didn't intend to immigrate when you came down in December 2008. From what you write, you were coming for an extended visit, and then married, and now you're wondering if you could just stay...but some things they might look at was whether you were working at the time of the visit in Canada, where are your belongings...did you have a house or apartment there? If say you quit your job, had been living with your parents, or gave up your apartment and sold all your goods etc, THEN came to visit for 6 months, and now want to stay, I'd suggest it's not going to look good by just staying until you receive your adjustment of status.

A few things you should know. If you decided to just stay and submit the paperwork now to stay, IF you were denied...like they thought you came here with the intention of immigrating, then you'd be denied, and there is no appeal, and you'd have to go back to Canada, and hope your husband could immigrate there.

Another thing you should know, is if you apply for adjustment of status now, you can't go back to Canada (well, you can, but you won't be able to get back into the US) until the process is done.

There have been successful cases here on VJ at least where people HAVE adjusted status while in the US after marrying during a visit. I guess the things that stand out for me is not knowing what your situation in Canada was like prior to your last visit.

Reading this has sent chills and my heart pounding. I didn't know this and once I had finished my final exams at university (in NB, Canada) in April 2009, we simply packed up all my stuff and came down here as a visitor and then later, we filed the AOS I-485. (We had already filed the I-130 in February 09.) Does this mean that they are going to ask me to prove that I didn't intend to immigrate in April 2009???? (We were married in August 2008 on a visitor visa).

I DID COME HERE IN APRIL 2009 WITH THE INTENTION OF IMMIGRATING. (BUT I TOLD THEM THAT AT THE BORDER AND SHOWED THEM THE I-130 RECEIPT) AND I THOUGHT IT WAS DOING IT LEGALLY.....does this mean that once they find out they are going to DENY our case and I am goin to be deported??????????????????????????????

[Krikit 1,165]

This doesn't apply to your case, nation.of.aliens. You had already filed prior to you coming to the US. Canadians can stay here for up to six months. You will need to go back for either the interview or at the end of the six months, whichever comes first.