to be Married! (Canadian to American). Please advise

[iknowhowtosing 0]

Questions

Please Help!!!

So I’ve been in Cali more than 5 months now (Canadian) and had no intentions of staying; my damn apartment’s in Toronto’s been empty this whole time. Anyways I met someone and she now wants to get marry me and I decided to do it as I do love her and I don’t see why not!

I want to give her a nice planned wedding in a few months rather than doing it in a rush the next few weeks so not to have overstayed my 6 months here. But we’re a little concerned about the gap if we decide to leave it for later… Also my car has Canadian licence plates so I’m constantly worried about getting pulled over. I thought of just driving to Vancouver or even Mexico for a few days but I read that it’s 6 months per fiscal year (the fiscal year ending and restarting in September); so I guess another option would be to leave now and come back in September? (still worried they might not let me…). I don’t know if it matters but I never got a I-94 slip in my passport when I drove through the border in December.

Another option is me trying to find a job on a TN visa in Engineering (I have my masters in Engineering so I’m hoping that’ll make the marriage and maybe the TN easier and more accepting). But what if I get a job offer only after the 6 months? Then maybe it wouldn’t be allowed right? Then I might as well leave and apply abroad and come back with a TN…?

She think its best for me just to stay and marry in a few (3-4 months) and take the risk. She’s been reading about the K1 and K3 visa’s and we have decided not to do the K1 as it’s weird and longer. I can get a work permit in a few months I heard, and this is really great as I’m going crazy not working but I audited a course at USC last semester..

My friend and I have also thought about partnering up in his business as I do (volunteering) work for him (technical and engineering work). Could I do that? Or could he just hire me as an employee. The business was incorporated more than a year ago and I don’t think it has had much revenue flow…

We want to stay here for another year maybe two, then we’re moving to Toronto to my apartment there.

I would really appreciate your ideas and help. Thank you very much

[Harpa Timsah 13,258]

Visas are for entering the country, and since you are already here, and did not plan to stay when you came, you can apply for Adjustment of Status from within the country after you get married. If you go this route, however, you will not be able to travel (no honeymoon abroad) for a few months after your wedding (and AOS application) until you get a temporary travel permit called Advance Parole (AP). You will also need to get work authorization, which will take a few months and is usually approved with the AP.

Overstaying is not a super good idea, but it is irrelevant/forgiven for immediate relatives of US Citizens which includes spouses when their Greencards are approved. If you didn't end up getting married, or needed to leave the country before you applied for AOS and got travel permission, then you might risk a ban depending on how long you overstayed. You might consider a court house marriage now and then apply for AOS to protect your status, and then have the big wedding later and exchange rings in front of your families or something.

If that doesn't seem possible for you, then you can look into the other visas. I would read the guides up top and read carefully the one for the AOS for a spouse inside US. Good luck and happy wedding!!

Edited May 18, 2011 by Harpa Timsah

[edilene1 0]

Questions

Please Help!!!

So I’ve been in Cali more than 5 months now (Canadian) and had no intentions of staying; my damn apartment’s in Toronto’s been empty this whole time. Anyways I met someone and she now wants to get marry me and I decided to do it as I do love her and I don’t see why not!

I want to give her a nice planned wedding in a few months rather than doing it in a rush the next few weeks so not to have overstayed my 6 months here. But we’re a little concerned about the gap if we decide to leave it for later… Also my car has Canadian licence plates so I’m constantly worried about getting pulled over. I thought of just driving to Vancouver or even Mexico for a few days but I read that it’s 6 months per fiscal year (the fiscal year ending and restarting in September); so I guess another option would be to leave now and come back in September? (still worried they might not let me…). I don’t know if it matters but I never got a I-94 slip in my passport when I drove through the border in December.

Another option is me trying to find a job on a TN visa in Engineering (I have my masters in Engineering so I’m hoping that’ll make the marriage and maybe the TN easier and more accepting). But what if I get a job offer only after the 6 months? Then maybe it wouldn’t be allowed right? Then I might as well leave and apply abroad and come back with a TN…?

She think its best for me just to stay and marry in a few (3-4 months) and take the risk. She’s been reading about the K1 and K3 visa’s and we have decided not to do the K1 as it’s weird and longer. I can get a work permit in a few months I heard, and this is really great as I’m going crazy not working but I audited a course at USC last semester..

My friend and I have also thought about partnering up in his business as I do (volunteering) work for him (technical and engineering work). Could I do that? Or could he just hire me as an employee. The business was incorporated more than a year ago and I don’t think it has had much revenue flow…

We want to stay here for another year maybe two, then we’re moving to Toronto to my apartment there.

I would really appreciate your ideas and help. Thank you very much

I cant answer all of your questions, but if your girl is in California, you may want to consider selling the car to her, and register it in California. After 30 days, you may run into a problem, but most Police Officers wont bother you, unless the car is seen in one spot for a long time. Check to see if your insurance covers driving in USA. Hope this helps one part of your list !! (I am retired Police Officer)

[Holliday 4]

It seems to me (and I'm no expert, by any means) that since you entered the country with no intention of getting married and living in the U.S. permanently, you are eligible to adjust status (something you'd have to do if you pursued a K-1 or a K-3 anyway). There is a whole forum here designed to help people in your situation. From my understanding, the burden of proof is on you to show that you entered the U.S. without intent to immigrate. So if you'd like to marry your girl, the best thing to do would be to marry her as soon as possible - if you're ready, that is - to avoid being out of status (even in a civil ceremony with a Justice of the Peace, or whatever. You can always have a fancy ceremony later if you so choose) and apply for adjustment of status.

You could also get married, return home to T.O. and apply for a CR-1 visa, as the K-3 is basically obsolete at this point (also, I don't recommend getting married in ON if you're looking to get things done in a timely manner... apparently it takes weeks/months to even get your marriage certificate in Ontario), but that will take a heck of a lot longer than AOS, most likely, and will likely end up being more expensive.

So I recommend you read the guides relevant to the AOS process I mentioned, use the search function to try to find answers to the questions you may have, and go from there.

The process can be intimidating and overwhelming, and it is definitely important to read the guides here on VJ to understand your options and their implications before you make any decisions about what's right for your situation. I can't stress that enough.

I wish you the best of luck! And I'm confident that there are many knowledgeable folks here who will be happy to help you with your situation.

[Darnell 8,479]

alas, the K-3 is just as weird as the K-1, one still has to go through the Adjustment of Status Process once in the USA.

Suggest you study the CR-1 process or the Adjustment of Status process, but pay attention to concepts of 'Immigration Fraud' and what pegs Immigration Fraud.

[iknowhowtosing 0]

It seems to me (and I'm no expert, by any means) that since you entered the country with no intention of getting married and living in the U.S. permanently, you are eligible to adjust status (something you'd have to do if you pursued a K-1 or a K-3 anyway). There is a whole forum here designed to help people in your situation. From my understanding, the burden of proof is on you to show that you entered the U.S. without intent to immigrate. So if you'd like to marry your girl, the best thing to do would be to marry her as soon as possible - if you're ready, that is - to avoid being out of status (even in a civil ceremony with a Justice of the Peace, or whatever. You can always have a fancy ceremony later if you so choose) and apply for adjustment of status.

You could also get married, return home to T.O. and apply for a CR-1 visa, as the K-3 is basically obsolete at this point (also, I don't recommend getting married in ON if you're looking to get things done in a timely manner... apparently it takes weeks/months to even get your marriage certificate in Ontario), but that will take a heck of a lot longer than AOS, most likely, and will likely end up being more expensive.

So I recommend you read the guides relevant to the AOS process I mentioned, use the search function to try to find answers to the questions you may have, and go from there.

The process can be intimidating and overwhelming, and it is definitely important to read the guides here on VJ to understand your options and their implications before you make any decisions about what's right for your situation. I can't stress that enough.

I wish you the best of luck! And I'm confident that there are many knowledgeable folks here who will be happy to help you with your situation.

Hi. Thank u ...folks.

Sorry what do you mean "as the K0-s is basically obsolete"? you mean if i return to Toronto and she comes with me?

[Darnell 8,479]

K-3 administratively closed - http://www.visajourney.com/news/2010/02/07/department-of-state-to-close-k-3-visas-if-i-129f-and-i-130-petitions-approved-and-received-together/

[iknowhowtosing 0]

K-3 administratively closed - http://www.visajourney.com/news/2010/02/07/department-of-state-to-close-k-3-visas-if-i-129f-and-i-130-petitions-approved-and-received-together/

So okay i've been reading and from what I understand if we're both here now and we get married (even a few weeks after my overstay period) we don't need the I-129 right? and only fill the:

1. I-130

2. G-325a

3. I-864

4. I-485

5. I-765 (optional)

6. I-131 (optional)

7. G-1145 (optional)

Thank you!

(wooooh)

[iknowhowtosing 0]

It seems to me (and I'm no expert, by any means) that since you entered the country with no intention of getting married and living in the U.S. permanently, you are eligible to adjust status (something you'd have to do if you pursued a K-1 or a K-3 anyway). There is a whole forum here designed to help people in your situation. From my understanding, the burden of proof is on you to show that you entered the U.S. without intent to immigrate. So if you'd like to marry your girl, the best thing to do would be to marry her as soon as possible - if you're ready, that is - to avoid being out of status (even in a civil ceremony with a Justice of the Peace, or whatever. You can always have a fancy ceremony later if you so choose) and apply for adjustment of status.

You could also get married, return home to T.O. and apply for a CR-1 visa, as the K-3 is basically obsolete at this point (also, I don't recommend getting married in ON if you're looking to get things done in a timely manner... apparently it takes weeks/months to even get your marriage certificate in Ontario), but that will take a heck of a lot longer than AOS, most likely, and will likely end up being more expensive.

So I recommend you read the guides relevant to the AOS process I mentioned, use the search function to try to find answers to the questions you may have, and go from there.

The process can be intimidating and overwhelming, and it is definitely important to read the guides here on VJ to understand your options and their implications before you make any decisions about what's right for your situation. I can't stress that enough.

I wish you the best of luck! And I'm confident that there are many knowledgeable folks here who will be happy to help you with your situation.

Okay thank you all!