Confused Canadian Newlywed

[nbwords 0]

I've been reading a lot of the threads on this forum as well as the USCIS website but I'm having a really hard time understanding what I'm supposed to do. I'm a Canadian citizen. I met my husband online Jan 30th, 2009. In July I came to the US to meet him in person. We visited for 3 weeks and then I returned to Canada. In October I returned for what was supposed to be another 3 week visit, but the time passed quickly and we decided to extend my visit. I'm still in the US. On December 16th we got engaged. Then rather rashly while we were vacationing in Savannah last week (January 19th) we impulsively eloped at a little chapel right next to the courthouse. My 6 month visit expires April 24th on my passport. His work is in the US and I work online so because I can live anywhere, we intend to make our home in the States. We do not want to be apart and I want to be here legally of course, so now I'm looking at filing the proper papers with immigration. My question is do I file an I-485, an I-130, or both? Or have I missed some other form that I need to do first? Will I be able to stay with my husband in the US past April 24th while the forms are being processed? Should we hire an immigration lawyer or is this something we can do ourselves? I would appreciate any advice and direction. My head is really spinning from all the information I've been reading. Thanks!

[Bern. 3]

Hey there,

Check out this link:

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

Beware though, that whether or not it's approved will depend on your intent when you entered the USA, and maybe you should try the Canada forum, they might be able to help you more.

Good luck.

[Bobby+Umit 161]

I've been reading a lot of the threads on this forum as well as the USCIS website but I'm having a really hard time understanding what I'm supposed to do. I'm a Canadian citizen. I met my husband online Jan 30th, 2009. In July I came to the US to meet him in person. We visited for 3 weeks and then I returned to Canada. In October I returned for what was supposed to be another 3 week visit, but the time passed quickly and we decided to extend my visit. I'm still in the US. On December 16th we got engaged. Then rather rashly while we were vacationing in Savannah last week (January 19th) we impulsively eloped at a little chapel right next to the courthouse. My 6 month visit expires April 24th on my passport. His work is in the US and I work online so because I can live anywhere, we intend to make our home in the States. We do not want to be apart and I want to be here legally of course, so now I'm looking at filing the proper papers with immigration. My question is do I file an I-485, an I-130, or both? Or have I missed some other form that I need to do first? Will I be able to stay with my husband in the US past April 24th while the forms are being processed? Should we hire an immigration lawyer or is this something we can do ourselves? I would appreciate any advice and direction. My head is really spinning from all the information I've been reading. Thanks!

Follow this guide

You can do it yourself.

You do not need to leave the US while waiting for the AOS to be process, in fact, do not leave until you either get the AP or GC.

Moving to AOS from CR-1.

[mustafa1232 3]

you should come back to your home country and only your husband file i-130 petation for you at this time you marry to a us citizen you are enter in a imigration status your visa category is IR1 at this time you need your birth certificate your marriage certificate you both fill husband and wife G325A form and affitdafit of your relative eye witness who is present at the time of your marriage ceremony 2 relative requried remember birth certificate and marriage certificate attested by the ministery of foreign affair and bank pay order or money order 355$ pay order made by home land security and remember when you sumit your case uscis and your case is in process dont visit usa untill your case is not complete and please update for me time to time

[birdnerd 5]

you should come back to your home country and only your husband file i-130 petation for you at this time you marry to a us citizen you are enter in a imigration status your visa category is IR1 at this time you need your birth certificate your marriage certificate you both fill husband and wife G325A form and affitdafit of your relative eye witness who is present at the time of your marriage ceremony 2 relative requried remember birth certificate and marriage certificate attested by the ministery of foreign affair and bank pay order or money order 355$ pay order made by home land security and remember when you sumit your case uscis and your case is in process dont visit usa untill your case is not complete and please update for me time to time

It is probably inadvisable for the OP to return to Canada. They would be better off petitioning and adjusting status from within the US. If returning to Canada, OP would have to follow procedure and be faced with enforced separation for the length of the visa approval process.

[mustafa1232 3]

It is probably inadvisable for the OP to return to Canada. They would be better off petitioning and adjusting status from within the US. If returning to Canada, OP would have to follow procedure and be faced with enforced separation for the length of the visa approval process.

hi birdnerd in my past knowledge there is no law to seperate husband or wife without evidance or any proof. as your quuestion about procedure every person have equal method procedure i imigration law only there is littel bit difference not a huge difference and your question about my advise to return to canada is only for that time when i-130 petation is under process and when i-130 is finally approve she dont have any problem to visit usa but iam advise visit for a small time of a peroid and she also extend usa visit visa for future travel if at that time she dont want to visit usa she have a better choice to extend usa visit visa in case of length of the usa visa approval process

[nbwords 0]

Thanks! I had intended to just visit for a few weeks. I think from the moment we met we both knew that we wanted to spend the rest of our lives together, but I expected a longer courtship. The intention was for me to come visit a few times a year for a few weeks each time, and then he'd come visit me in Canada when he got his vacation. But then we spent more time together and our plans went out the window. I never would have imagined I'd marry someone so quickly (it's my first time & I've turned down proposals in the past because I take marriage so seriously & only want to do it once) and I never ever would have thought I'd end up in the US because I love Canada and my home there so much, but I guess life doesn't always turn out the way we expect. Hopefully I can figure out the paperwork and the process goes smoothly.

Hey there,

Check out this link:

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

Beware though, that whether or not it's approved will depend on your intent when you entered the USA, and maybe you should try the Canada forum, they might be able to help you more.

Good luck.

[Kathryn41 3,205]

Hi nbwords,

Since you had no intent of getting married on this last visit and were not even engaged until after your arrival, but ended up getting married on the spur of the moment you are allowed to remain in the US and apply to adjust your status from non-immigrant to permanent resident. The process involves your husband filing an I-130 petition for a family member (along with all of the requested attachments) and you filing the I-485 Application to Adjust Status - also along with all of the necessary attachments concurrently (send both off in the same package). You will need to do an immigration medical with an approved Civil Surgeon in the US (the list is available at the USCIS website); your husband needs to provide proof that he is financially able to support you at 125% of the current poverty level, and you need to provide evidence of your marriage. You can also apply for an AP - advance parole travel document - with the I-131 form and the Employment Authorization Document (EAD) with the I-765 form all at the same time. There is a separate fee for the I-130 but the EAD and the AP are included in the AOS fee. You will probably have an interview and when that is approved, receive your 2 year conditional green card. Before that card expires you will need to file another application to remove the conditions (I-751) that will include proof that you and your husband are in a real marriage financially, physically and socially - and when that is approved, receive a green card good for 10 years (although you status as PR in the US is permanent).

Don't leave the US until you have either your green card or your Advance Parole travel document. If you did, USCIS would consider you to have abandoned the AOS and will refuse you re-entry to the US until you get an immigrant visa. You will have to have friends or family obtain whatever documents you might require from Canada as well as conclude any living or other arrangements you still have in Canada.

Once you file the AOS your status in the US changes to AOS applicant. If your visitor status had expired before you filed for the AOS then you would have those days in between as 'out of status days'. If you have more than 180 out of status days you can't use the AP even if they give it to you because you would trigger a 3 year ban when you left the US (if you have more than 1 year out of status the ban increases to 10 years).

Anyway, congratulations on your marriage and good luck to the two of you. Come and check us out in the Canada Regional Forum - you'll find lots of experienced VJers there who are going through or have gone through their own immigration journeys and are happy to share their experience and information. (You can always bribe them with timbits, too! ).

Edited January 29, 2010 by Kathryn41

[mustafa1232 3]

Hi nbwords

sorry for the late answer if you go with kathryn41 advise you face lots of problems in usa if you stay in usa and your husband file your petation in uscis for example one day your husband in night not at home and imigration officer suddenly raid your home that night and imigration officer ask you a lot of questiom for example imigration officer ask you where is your husband why he is not with you you and your husband spending night togheter or not is your relationship ok or not if your answer is improper imigration officer doutful about your relationship let supose you satisfay imigration officer but there is no gurantee when and where imigration officer always check your every movement of your life and you are always in very tenseful situation and these type of situation will increase your tention day by day you dont know your application approve or denial and until your application is in process you dont have any permission to do job or any kind of work that why i am giving you the advise come to your home country and then file i-130 petation hope you understand the choice is in your hand

and please give me your reply what is your decision or program are you going to stay in usa or return back to your home country iam wating for your reply

[LadyEralam 0]

I'm in the same boat as you sort of. When I flew down to visit my husband I wasn't expecting to be married... our engagement period lasted a total of a few hours. Half my work is online, I can really live wherever I felt like it. The biggest regret I made was having to leave my husband behind in the states. (My journey is in my signature)

But really, what is there for us to do? I know it's better off if we file while in Canada. Beyond that, I'm at a loss as well.

[ZansGirl 0]

Hi nbwords

sorry for the late answer if you go with kathryn41 advise you face lots of problems in usa if you stay in usa and your husband file your petation in uscis for example one day your husband in night not at home and imigration officer suddenly raid your home that night and imigration officer ask you a lot of questiom for example imigration officer ask you where is your husband why he is not with you you and your husband spending night togheter or not is your relationship ok or not if your answer is improper imigration officer doutful about your relationship let supose you satisfay imigration officer but there is no gurantee when and where imigration officer always check your every movement of your life and you are always in very tenseful situation and these type of situation will increase your tention day by day you dont know your application approve or denial and until your application is in process you dont have any permission to do job or any kind of work that why i am giving you the advise come to your home country and then file i-130 petation hope you understand the choice is in your hand

and please give me your reply what is your decision or program are you going to stay in usa or return back to your home country iam wating for your reply

SERIOUSLY? I MEAN......SERIOUSLY??!?!?!

[Kathryn41 3,205]

I very seldom advise people to ignore another poster but I am saying with the authority of my experience and years on VJ to ignore Mustafa1232. He has only been a member on VJ for 5 days and in no way would he have been able to gain the broader experience necessary to address your situation from this site or from interaction with the many VJers who have been in your situation. His visa process is not even the same one you are pursuing.

While he may be speaking from his own personal experience, and if so, I am sorry for him, there are many, many VJers on this forum who have spontaneously got married while in the US having had no intentions of getting married when they entered and they will all tell you - it is legal and they have had no such problems. ICE will not be coming knocking at your door unless they are strongly suspicious that you are in a fraudulent marriage and someone has 'tipped' them off about the potential fraud. ICE pursues reported illegal immigration activity, not legal immigration activity.

The only real concern you may wish to consider is that when you file for AOS and you are adjusting your status from a visitor, student or work visa instead of through a K visa, you don't have a right to appeal the decision so you do want to be extra careful in making sure that your application is complete and well-prepared. You can expect to have a face to face interview with an immigration officer who will see the two of you together and how you interact as well as read over your petition and application. Since you had no intentions of staying when you came down, got engaged and got married, you have nothing to worry about and certainly don't need to listen to the scare tactics of the above poster.

[Laura & Kyle 16]

Congratulations nbwords! From my little and own experience, I would also suggest staying here and filing for the adjustment of status within the US. I know that Canadians experience a little bit different of a process and there are a lot of Canadian VJers here that can help you along the way.Like Kathryn41 suggested, I'd head over to the regional Canadian board to get a bit more specific advice. :-)

I very seldom advise people to ignore another poster but I am saying with the authority of my experience and years on VJ to ignore Mustafa1232. He has only been a member on VJ for 5 days and in no way would he have been able to gain the broader experience necessary to address your situation from this site or from interaction with the many VJers who have been in your situation. His visa process is not even the same one you are pursuing.

I totally concur with Kathryn41. Pretty much everything I have seen her post here has been dead on! She's a wealth of knowledge and you'd definitely be on the right path by following her advice!

Laura

[SpongebObiWan 0]

I very seldom advise people to ignore another poster but I am saying with the authority of my experience and years on VJ to ignore Mustafa1232.

I will have to second Kathryn41's advice on this one. Never have I read a more confusing and incoherent (not to mention, incorrect) post here then these:

"hi birdnerd in my past knowledge there is no law to seperate husband or wife without evidance or any proof. as your quuestion about procedure every person have equal method procedure i imigration law only there is littel bit difference not a huge difference and your question about my advise to return to canada is only for that time when i-130 petation is under process and when i-130 is finally approve she dont have any problem to visit usa but iam advise visit for a small time of a peroid and she also extend usa visit visa for future travel if at that time she dont want to visit usa she have a better choice to extend usa visit visa in case of length of the usa visa approval process"

and

"Hi nbwords

sorry for the late answer if you go with kathryn41 advise you face lots of problems in usa if you stay in usa and your husband file your petation in uscis for example one day your husband in night not at home and imigration officer suddenly raid your home that night and imigration officer ask you a lot of questiom for example imigration officer ask you where is your husband why he is not with you you and your husband spending night togheter or not is your relationship ok or not if your answer is improper imigration officer doutful about your relationship let supose you satisfay imigration officer but there is no gurantee when and where imigration officer always check your every movement of your life and you are always in very tenseful situation and these type of situation will increase your tention day by day you dont know your application approve or denial and until your application is in process you dont have any permission to do job or any kind of work that why i am giving you the advise come to your home country and then file i-130 petation hope you understand the choice is in your hand and please give me your reply what is your decision or program are you going to stay in usa or return back to your home country iam wating for your reply"

We have now gone through almost the entire AOS from B1/B2 process (with the exception of removal of conditions). Successfully, I might add. Nevertheless, in spite of that, I often restrain myself from providing an answer to somebody's question here, for fear I might not have it "quite right", and that there is perhaps somebody on this forum better qualified to answer. I do this simply because I would never want to be responsible for giving somebody wrong information. I practice this conservative restraint from any impulse I might have to post my "two cents" worth, because peoples' futures and lives are at stake here.

So, why am I posting this now? Simple. PEOPLE!! These "answers" are read by and acted upon by people here. And they make decisions and take actions based on the answers they read here, decisions that very well could and probably will affect the rest of their lives. Please keep that in mind and be very careful when providing answers here. Otherwise you could find yourself responsible for affecting somebody else's life in a very adverse way. Please be responsible to the community.

P.S. It was not my intent to offend anybody. But this just needed to be said as a reminder of what we are doing here.

Edited January 31, 2010 by SpongebObiWan