Canadian bride, American groom...

[Linz 0]

Hey guys, noob alert!! My name is Lindsay and my husband and I recently got married in the US. I am a Canadian citizen, he, American. We are unsure about the steps we need to take in order for me to obtain permanent residence. I am flying back down south this weekend to be with my husband. From what we understand, he needs to petition the USCIS regarding a spouse visa.... but what else? Do I need to inform my government that I am now a married woman and plan on residing in the US? We are looking to spend as little time away from each other as possible. Any information anyone has on the issue would be hugely appreciated! I have more questions but I will start 1 by 1 to obtain as much information as possible! Thanks so much in advance

[Messybrownhair 251]

First of all, do you plan to adjust status in the US or are you going back to Canada to file CR1? The two processes vary and it will help the VJ members know what advice to give you

[JimVaPhuong 4,863]

Hey guys, noob alert!! My name is Lindsay and my husband and I recently got married in the US. I am a Canadian citizen, he, American. We are unsure about the steps we need to take in order for me to obtain permanent residence. I am flying back down south this weekend to be with my husband. From what we understand, he needs to petition the USCIS regarding a spouse visa.... but what else? Do I need to inform my government that I am now a married woman and plan on residing in the US? We are looking to spend as little time away from each other as possible. Any information anyone has on the issue would be hugely appreciated! I have more questions but I will start 1 by 1 to obtain as much information as possible! Thanks so much in advance

Here's how immigration is supposed to work:

Your husband files an immigrant visa petition on your behalf. When it's approved (6 to 8 months) then it's sent to the National Visa Center, where both you and your husband submit some documents and pay some fees. Some months later you'll have an interview at a US consulate in your country (in Canada it would be the US Consulate in Montreal), you get the visa in your passport, and you come to the US. Within a few weeks you'll get a green card in the mail.

Someone who is an immediate relative of a US citizen, and who is presently in the United States, is eligible to adjust status within the US and get a green card. This is an exception to the immigrant visa process, and is meant to be used when the alien has already been processed for immigration by a US consulate abroad (K1 visa, for example), or it would be difficult for the alien to return to their home country for visa processing, or they would incur a bar if they left the US, or it would just be needlessly bureaucratic to go through the consular process.

It's not legal to enter the US using a non-immigrant entry pass if you intend to adjust status and get a green card before you leave. This is called "preconceived intent". As I mentioned above, adjusting status while in the US is meant to be an exception - not an alternative to the immigrant visa process.

Because of the above paragraph, immigration officers (including Customs and Border Protection) are required to screen non-immigrants entering the US for the possibility of preconceived intent. If they suspect the alien intends to immigrate then they will deny them entry to the US. I bring this up because it's possible they will deny you entry because you are married to a US citizen, and tell you to go through the immigrant visa process instead. The only way to avert their suspicion is to have ample evidence to prove you still have strong ties to your home country, and you intend to return rather than apply for a green card. If they pull you into secondary inspection then they might ask you to sign a statement swearing you don't intend to immigrate before leaving the US. If you subsequently try to adjust status then they will have you for material misrepresentation, and you'll be banned from returning to the US, possibly forever.

Now that I've scared the ####### out of you...

Thousands of people come to the US every year, marry a US citizen, and then adjust status and get a green card. The scenario I described above happens only to a small percentage who did have preconceived intent, and they got caught. Even though the risk is fairly slim, you can completely avoid it by going through the normal immigrant visa process. Read the guide here to see how it's done:

http://www.visajourney.com/forums/index.php?autocom=custom&page=i130guide1

[Linz 0]

Thank you so much JimvaPhuong!! I appreciate your helpful information immensely!

[Krikit 1,164]

Hi Linz. I am going to move your thread from the Bringing Family Members of Permanent Residents forum over to the General Immigration Discussion. You may also want to check in with the other Can/Am couples in the Canada Forum. Welcome to VJ.

Do I need to inform my government that I am now a married woman and plan on residing in the US?

No. They will collect that information when you file your taxes. But you'll find tons more information on that in the Canada Forum.