Canadian IN the US, Getting Married. Help?

[NArocks 13]

And also this does not belong in the CR/IR forum. Good catch Len, Yes you need to be very careful if the interntions upon entry as they will be looked over. Good Luck

[CAnadyIn 0]

Cool. That makes sense. Thanks NArocks.

What Visa are we applying for by submitting the I-130? Is it a CR-1 that we get? K3?

I'm looking at the comparison but can't see which applies. I'll get the hang of this, I swear, and then I'll be on this forum helping others navigate

[canadian_wife 1,826]

If you file the I-485 you are not applying for a visa. You are petition for your status to change from tourist to permanent resident. No visa will be issued since visas are required to enter the country. You will be granted a 2 year conditional green card - and removal of conditions may begin 90 days before the expiration date of your green card.

Good luck.

[CAnadyIn 0]

I appreciate all your help.

Sorry about posting in the wrong place. I was confused about the process and thought it belonged here.

I now realize that since I am in the country I am not applying for a visa, but rather an adjustment of status.

Finally makes sense.

As for the intent, it was not there upon entering. Of course there is planning for the wedding now that it is happening.

The original plan was not for this to happen, however, as I had a return ticket. Upon my entering the US the wedding plans were not made, no rings bought, etc.

Is it the timeline that is too close after entering? The wedding takes place over 3 months after entry, as does the process.

[Kathryn41 3,205]

moved to AOS from work, student and tourist visas forum

Hi CAnadyIn,

Basically, if you had no intent of getting married when you last entered the US and decide after you were here to get married, you can apply to adjust your status from within the US without having to leave. Your husband would file the I-130 petition and you would file the I-485 application together, along with the necessary documentation. You can also apply for an permission to work (I-765) and permission to leave and return to the US while waiting for your green card (I-131). You will then get a 2 year condition green card when the application is approved.

Just before the expiry date on your green card you will then file another application that will 'remove the conditions' I-751. This will result in getting a 10 year green card.

You should be fine getting married 3 months or later after your entry. Keep your return ticket and proof of any ties you still have in Canada (job, apartment, financial liabilities such as utilities, phone, etc.) as you may be asked at the interview to prove that you intended to return to Canada when you entered. Entering with the intent of getting married and staying in the US to adjust status is considered visa fraud. It is not visa fraud, however, if you did not enter with that intent and circumstances changed after you arrived. The onus will be on you to prove it.

One other concern - once you file you won't be able to return to Canada to tie up those loose ends until one of two things happens: you either get your Advance Parole (usually within 3 months) which will allow you to leave and return, or you get your actual green card.

Good luck - and stop over and visit the Canada forum as well. You will find lots of other Canadians on similar visa journeys.

[CAnadyIn 0]

Thanks for all of that Kathryn41! I really appreciate it. It's beginning to make sense now. I'll be sure to check out the Canada forum. I wasn't aware there was such a thing

I think my username looks like a woman's name, but I'm the man, hehe. It's a different spelling of Canadian, with the "In" capitalized because I'm IN the US. The CA is uppercase because I'm in California. A lot of thought, I know

The form numbers (and what they do) is finally beginning to sink in. Thank you for being thorough!

[NArocks 13]

Here is the Canada Forum

Canada Forum

[CAnadyIn 0]

Here is the Canada Forum

Canada Forum

Thanks NArocks! I was just browsing it as you replied. A LOT of action over there.

[RumRunner 0]

Hi everyone!

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!

Hi! Since everyone else did a great job of the "paperwork" stuff, I thought I'd give you my insights into the whole "financial integration" side of it. It IS difficult to go about normal business dealings without that social security number. My husband is here on F1 visa so we are adjusting status right now, but he has been here since February 2008. We got married in May of this year. It has been difficult for him to open bank accounts, get student loans, etc without that social security number. We did find some ways to manage for him, though. We know that both Chase (formerly Washington Mutual) and Wells Fargo will allow him to open a bank account. However, without that social security number he cannot do online banking, so he has to do everything the old fashioned way. Regarding credit cards, he cannot get one without a social security number. He was able to get a Macy's card based on his Canadian info so that he could start a little bit of a file here. And the Department of Motor Vehicles in California will easily give you a drivers license upon paying the fee and passing the tests. On my side of it, as the US citizen, I have added him to accounts that will accept him without social security number.... auto insurance, gym membership, investment beneficiary, etc. I have not tried any utilities so far. He was also able to get a Verizon wireless account based on his Canadian info. Since I own my home we don't worry about a lease to add him on but I have heard others complain they cannot be added due to lack of social security number.

It is tough, but you can slowly build something up prior to that social security number. You have to be persistent and know where you can push to get something done. For example, at the DMV the first person Ryan saw told him he could not get a license, but when he went back another day a more experienced person said he needed a few documents and he could get one. Same at Macy's, we had the lady call her superior and find out that he could use Canadian info for a card.

You'll have bumps and hurdles but it'll all be worth it in the long run!

[CAnadyIn 0]

Wow, thank you SO much RumRunner. That is very helpful information. I will discuss it with my fiancé to see what we want to try. Even though I may be ELIGIBLE to get a California driver's license, it remains to be seen whether I can pass the tests. Not exactly the small town (with one main street) that I originally passed my test in, when I was 16. But thanks for mentioning that. I would have thought that'd be a tricky one to get.