American Marrying a Canadian

[renee2657 0]

Hello Everyone!

I am posting because after all the websites we view this process gets more and more confusing. :-/

I am American and he is Canadian. Currently we live together in Atlanta GA, he is working here on an I-94 work Visa that is good till the end of June. He plays hockey here in the states. If we plan to get married the beginning of June should we still apply for the fiancé visa or can we get married because he is here on a work visa?

Help!

[Canadiandggal 49]

If he is legally in the states I believe you can marry and Adjust status. Wait for someone to confirm that but I think thats right.

[Filipinawife0210 15]

If he is legally in the states I believe you can marry and Adjust status. Wait for someone to confirm that but I think thats right.

Correct. Get married, and he can Adjust Status to LPR status. I would git'r done before his I-94 expires though. Get the paperwork started and in the works. His I-94 will be extended automatically while the AOS is pending.

[warlord 73]

The I-94 is just the arrival/departure record. What is the visa he is on? Some will no be able to be extended, or allowed to re-apply after the AOS is filed. So just curious what the visa type it is...

[renee2657 0]

The I-94 is just the arrival/departure record. What is the visa he is on? Some will no be able to be extended, or allowed to re-apply after the AOS is filed. So just curious what the visa type it is...

I'm all new to this... So I'm just looking and let you know what is says. ;-P

The form is a I-797A. It says it's an approval notice and the class is a P1.

[Canadiandggal 49]

I'm all new to this... So I'm just looking and let you know what is says. ;-P

The form is a I-797A. It says it's an approval notice and the class is a P1.

wow I didnt even know how many types of visas there really was haha

P1

(petition-based)

Athletes and entertainers for a specific competition or performance

[HeatDeath 430]

It sounds as if he is in the US on a legal status and (as importantly) had no specific intention of marrying and adjusting status when he entered.

It is therefore perfectly fine for you guys to get married and have him file an adjustment of status.

You'll need to file an I-130, and I-485, an I-765, and an I-131, as well as all necessary supporting forms and documentation. The Guides here will tell you everything you need to get started.

You will want to make sure you get the application packet mailed off before his I-94 expires, if at all possible. If you have the forms all filled out before you get married, and can arrange (by hand delivering it) to get the marriage certificate from the county witin a few days of the wedding (assuming your county allows this) then you should be able to get the packet sent off and accepted before his I-94 expires.

I would consider marrying before June, if possible. Putting the marriage too close to the I-94 expiry could possibly make USCIS suspicious that the marriage was entered into circumvent his visa/I-94 expiry. A few months buffer period would look better.

It's not a huge problem, and it probably won't matter though.

Edited October 27, 2010 by HeatDeath

[Krikit 1,165]

Moving from the Canada Forum to the AOS From Other Visa forum. You will find lots of information pertaining to your situation there. But definitely feel free to continue posting in the Canada Forum! Welcome to VJ, Renee.

[zooch76 9]

If I were you, I would go down to the courthouse ASAP and get married and then file for AOS. Then in June, or whenever you want, you can have a "real" wedding with family & friends. This way you can get the paperwork ball rolling and you won't have to worry about not having enough time. A lot of people do it this way, including myself.

However, one thing I just thought of is his profession. Once you apply for AOS you can't leave the country. If he is a pro hockey player he might need to leave for games and I'm not sure if his P1 would supercede anything or not as far as travel goes. You might want to check with a lawyer because with most AOS cases, if you leave the USA while your status is pending they will not let you back in!

[warlord 73]

The problem isn't about them legally being able to get married. It is about if the P1 status will be valid until the EAD arrives after AOS is filed. Some status's etc, like the TN one, you can no longer get a new TN if you have filed for AOS.

Since the P and TN are nonimmigrant statuses. So you have to make sure there is ample time left on the P1 status if in fact he still is going to continue to play hockey. If not and he doesn't intend to play after it expires, then there is not an issue. If he is and doesn't get his EAD in time before it expires, he'll have wait to play and be paid until the EAD arrives.

Usually the EAD arrives pretty fast (month or so after AOS has been recieved), but you never know. If the P1 status is about up, it might be better to wait till they offer him a new P1 status. I'm not sure the duration of how long P1's are, but you may just want to check up to be on the safe side...

[renee2657 0]

So much information to digest! Thank you everyone. We have to do a little more research. I will post in the other forum too to see if anyone has been through the same thing. Some of the other players on the team use the team lawyer to expedite the process but we read in these forums not too because so many people have been through the same thing and can help!