A question

[yourcdnangel 2]

Scenario:

I'm a Canadian who is in love with an American Soldier. We have known one another since 1992 and our families are friends.

If we were to marry during our next visit, am I permitted to remain in the US and work with an Immigration Attorney to complete the process of acquiring permanent residency and the ability to work?

(This is without going through the Visa route)

[Sprailenes 47]

No because you're entering with the intent to marry and that, my friend, is illegal.

[yourcdnangel 2]

What if there was no intent prior to the trip, and it was sprung on me during my trip...even if we work with an attorney to acquire residency without work.

[Sam and Ben 2]

If you were to attempt to cross the border whilst informing the patrol of that intent, you will not be permitted to cross.

If, on a visit, where you hadn't the intention to marry when crossing the border, you happened to marry, you could adjust your status from that point on towards permanent residency. However, the burden would still be placed upon you to prove that your intent was never to circumvent the immigration laws and regulations in place.

To follow proper immigration guidelines, you will likely face a short period of separation. However, being that your SO is a soldier, you may be entitled to an expedited process. Hopefully someone else will come along with better advice/experience pertaining to that specifically.

But to answer your actual question... No one here will recommend you attempt this. The ability to adjust status after marrying a US citizen is not technically in place for those who have long-distance relationships, but rather, are in place for those who meet and sporadically choose to marry without prior intent to do so. You could find success in that regardless, but considering the potential for denial and other issues, you will not likely find someone recommending that option to you.

[Sam and Ben 2]

What if there was no intent prior to the trip, and it was sprung on me during my trip...even if we work with an attorney to acquire residency without work.

By the fact that you were dating prior to your visit, it will be assumed, at least to a degree, that there was intent. It will be on you to prove otherwise.

USCIS won't care whether or not you intend to work after acquiring residency. They only care about the methods you used to acquire it.

[Sprailenes 47]

What if there was no intent prior to the trip, and it was sprung on me during my trip...even if we work with an attorney to acquire residency without work.

You obviously have intent.

You would be doing something illegal.

[yourcdnangel 2]

Aye, I'd prefer to go the legal route (I'm a cops daughter and he's a Soldier). Perhaps we'll have to wait to speak with JAG during my visit.

[Hugglebuggles 60]

I'm not to sure what you mean by the work/residency distinction. When you apply for AOS you would also file an I-765 for work authorization, which you would most certainly receive despite using a lawyer or not. Even if you did not file an I-765, once you become a permanent resident (receive your Green Card) you are authorized to work. There is no such thing as being a legal permanent resident without having work authorization.

Now to answer your question the above postings are right. Its illegal. You just told us that you have intent, so there is no going back now. If you want to take the risk then that is a personal choice and completely up to you, but like Sam said, you won't find anyone on this site who would encourage you to do so. Understand that lying to a border guard is a serious offense, as is attempting to commit immigration fraud. Also, if you decide to go this route and your AOS application is denied (which can happen with or without an lawyer) there is no outlet for appeal and you would put under removal proceedings.

[Sam and Ben 2]

An attorney will not make what you are talking about any more or less legal, though many will attempt to persuade you towards such. Nor is an attorney necessary for the legal routes in place - if you have the ability to read, gather and organize, you can easily get through this process without the hefty fees that many lawyers will attempt to place on you.

In many cases, adding a middleman to the process has only proven to be detrimental to processing times anyhow. Only you know your paperwork best.

[yourcdnangel 2]

Got it. Visa process it is

[Sprailenes 47]

Got it. Visa process it is

atta girl!

Welcome to the club!

[yourcdnangel 2]

*goes to read the K-1 visa process*

[HeatDeath 430]

*goes to read the K-1 visa process*

Good plan.

Issues of prior intent aside, there is a much bigger problem with marrying on a B-2 (tourist) status and then adjusting status: the right to appeal.

If you get a fiance visa, marry, go to adjust status, and for some bizarre reason are denied, you can appeal the decision, and such appeals are apparently virtually always granted.

If you come in as a tourist, go to adjust status, and for some bizarre reason are denied, you have no right to appeal the decision. You are basically out of luck at that point.

The fiance visa is the best bet, by far the safest and most reliable way to go, if you want to get married in the US and have no period of separation after you are married.

The only other option is the spousal visa, where you get married in Canada, your American returns to the States, and you stay in Canada until your visa is approved. This takes a little longer (maybe a month or two) and has the serious downside of a period of separation after the wedding, but gets you the green card significantly faster (you receive it within a few weeks of entry to the US, instead of sitting in a sort of legal limbo for a few months as you do with a K-1), and is $1000 cheaper, since you don't have to adjust status as a separate process.

Both paths have pros and cons. My wife (the USC) and I did not like the idea of separation after the wedding, or of having two wedding ceremonies (the legal one in Canada to start the visa process and a "real" one with family and ceremony once I arrived.) and two wedding anniversaries. So we went with the fiance visa. Your mileage may very.

[Inky 1,110]

Military expedite is only do-able if the military person is being deployed to a combat zone. They request a lot of proof and you have to wait for an approval of it. You can request one they will send you paper work but they dont always grant them. On base immigration people can sometimes be of help. Military USCIS family help line can sometimes too but they dont know much about visa questions.

Go the visa rout. If you dont your SO can get in A LOT of trouble military wise if you dont.

[yourcdnangel 2]

Alright. So we've filled out the I-129F thingy and are going to get a cashiers check next week to submit with the form. Is that all we are required to begin this process?

We have done a lot of reading and I am a bit overwhelmed.

Edit: Nevermind, found a step-by-step guide on what to include WITH the form.

Edited December 11, 2009 by SCP2009