Canadian IN the US, Getting Married. Help?

[CAnadyIn 0]

Hi everyone!

I've been looking through this site and others and I think I have an understanding of what's going on. I'm looking for some clarification, though.

Background:

- I am Canadian

- My SO and I have been dating since last September, with several trips back and forth

- I came here at the end of May on a tourist Visa, with round-trip ticket

- My SO and I have since decided to get married, in the US (in September)

- She has an apartment, and I'm staying here with her

My questions:

- Is the I-130 the first form we submit? Does this get us a CR-1 Visa?

- From there, is it an Adjustment of Status (I-485)? Can we file these at the same time or is it one after the other?

- Where do the I-765 (Employment Authorization), I-693 (Medical), I-864 (Affidavit of Support), I-131 (Travel) and G325A (Biographic) come into play? Or do they?

I'm also wondering about getting things in both of our names (lease, bank account), to show that we are living together. Is this possible since I have no SSN or US credit record?

Any tips, tricks or suggestions from people who have been in similar situations would be MUCH appreciated. We don't want to mess this up! Thank you!

[Chica Yeyé 41]

There is nothing wrong with marrying here on a tourist visa --- as long as you return to Canada for your processing. Otherwise, the onus will be on you to PROVE you did not have immigrant intent when you entered. Careful.

[CAnadyIn 0]

There is nothing wrong with marrying here on a tourist visa --- as long as you return to Canada for your processing. Otherwise, the onus will be on you to PROVE you did not have immigrant intent when you entered. Careful.

Thanks for that. I realize the immigrant intent issue. I think we're covered on that front, although I'm aware there could very well be questions about it. Would this come up during the interview or before? Do you know?

[Malrothien 6]

If you're filing for the CR1, you will not need to file the I485.

[CAnadyIn 0]

If you're filing for the CR1, you will not need to file the I485.

Hmmm...really? Never, or just not until the CR-1 expires in 2 years (is that even the case?)

[Malrothien 6]

If you're filing for the CR1, you will not need to file the I485.

Hmmm...really? Never, or just not until the CR-1 expires in 2 years (is that even the case?)

Prior to your CR1 expiring you'll file for removal of conditions, not the I485. We're filing IR1 so not 100% sure on the process for removal of conditions.

[CAnadyIn 0]

If you're filing for the CR1, you will not need to file the I485.

Hmmm...really? Never, or just not until the CR-1 expires in 2 years (is that even the case?)

Prior to your CR1 expiring you'll file for removal of conditions, not the I485. We're filing IR1 so not 100% sure on the process for removal of conditions.

Ah, ok. That would be a relief since the I-485 is quite costly!

[canadian_wife 1,828]

If you are filing the I-130 and not adjusting status (assuming by the 'quite costly' comment) then you will need to go back to Canada. You will need to ensure you do NOT overstay the allotted time you were given in the US.

Good luck.

[CAnadyIn 0]

If you are filing the I-130 and not adjusting status (assuming by the 'quite costly' comment) then you will need to go back to Canada. You will need to ensure you do NOT overstay the allotted time you were given in the US.

Good luck.

Thanks canadian_wife.

I just read in *Len*'s signature about the I-751. That would remove the conditions of the CR-1.

Are you saying that I have to do an Adjustment of Status during this process of getting the CR-1 or do you mean AFTER those two years?

If it's the second, it appears the I-751 is what a person uses to remove the conditions.

If it's the first, I don't think it would make sense to apply for a Visa, adjust my status to stay here and THEN remove conditions.

I could be wrong, but that doesn't seem right

[canadian_wife 1,828]

If you have been married less than 2 years you will be issued a 2 year green card and you will need to remove conditions. This is the case if you adjust status or not.

You do not HAVE to do anything. You may file the I-130 and return to Canada. You may file the I-130 and the I-485 to adjust status. Either way, you are removing conditions after 2 years.

Good luck.

Edited August 4, 2009 by canadian_wife

[NArocks 13]

Are you planning on adjusting Status from here witrh in the US? Or do you plan to go back to Canada?

[Chica Yeyé 41]

If you are in the US and plan to remain here, you file for Adjustment of Status.

If you plan to marry and go to Canada for processing, you file for a CR-1.

2 years after becoming a permanent resident, you will remove conditions.

[CAnadyIn 0]

Are you planning on adjusting Status from here witrh in the US? Or do you plan to go back to Canada?

I plan to adjust status here in the US, and not in Canada.

If you are in the US and plan to remain here, you file for Adjustment of Status.

If you plan to marry and go to Canada for processing, you file for a CR-1.

2 years after becoming a permanent resident, you will remove conditions.

If I'm understanding correctly, we do an I-130 and I-485 concurrently and then the I-751 has to happen because we will be married less than 2 years when we apply.

Is this right?

[NArocks 13]

Are you planning on adjusting Status from here witrh in the US? Or do you plan to go back to Canada?

I plan to adjust status here in the US, and not in Canada.

If you are in the US and plan to remain here, you file for Adjustment of Status.

If you plan to marry and go to Canada for processing, you file for a CR-1.

2 years after becoming a permanent resident, you will remove conditions.

If I'm understanding correctly, we do an I-130 and I-485 concurrently and then the I-751 has to happen because we will be married less than 2 years when we apply.

Is this right?

Yes you have to file both the I485 and the I-130 as you are adjusting from with in the US. You will be issued a conditional permanet resident card, 90 days beofre the expiration date on the card you will file the I-751.

[Chica Yeyé 41]

One problem I am seeing is that you are planning to get married. Planning implies intent. Dangerous line; make sure to cross all your T's, this WILL be a bumpy ride.