Recently got married to an American citizen

[AstralEdge 2]

Hi,

I am not sure if my post is in the right category and if it's not i'm terribly sorry, feel free to move it somewhere else.

So i recently got married a few days ago to my American boyfriend. I am Canadian. This was on the spur of the moment and we

were not intending to get married during my trip to Colorado. We were thinking about either doing AOS or the CR-1 visa, but the

thing is that i cannot stay in the US right now. My mother back in Canada is in the final stages of cancer and she is going to

pass away real soon and i would like to be there for her.

Is there ANY way at all I could go back to Canada, spend some time with my mom and come back to the US and then start the AOS or CR-1 process?

I'm guessing at the border i'd have to tell the customs officer i'm going to visit my husband, which looks suspicious i know .... But i'm so

lost, we do not want to be apart for a year but i still have to be there for my family during those hard times.... What should i do?

Do you have any suggestions at all? I would like your honest advice. Thank you so much!

[Inky 1,110]

CR-1 process is your best choice, you go back to Canada and he will file the CR-1 for you. That way you can be with your mom while she needs you, while you wait for the visa process.

[Harpa Timsah 13,258]

If I were you, I would file the I-130 NOW and follow the path for a CR-1 visa. That way you won't be stuck in the US. You can visit the US while your CR-1 visa is pending. It does take a while, so file sooner as opposed to later. When you come to visit the US, you can show them that you are filing for a spouse visa and it is pending. Good luck, congrats on your marriage, and sorry to hear about your mother. Best wishes.

[canadian_wife 1,822]

Coming back to the US after you leave (after you are married) and try for AOS is visa fruad, it carries a lifetime ban

worth it?

Your only option is the CR-1 visa, file now as to not waste any time

Sorry about your mother

Good luck

[AstralEdge 2]

Thank you so much y'all for your kind replies. I will have him start the I-130 real soon (we are still waiting for our marriage certificate)

However i'm a bit worried. I read you have to include proofs of a bonafide marriage now. But how can someone have a joint bank account or a

lease together when you do not live in the same country?! Of course we have pictures of us, but i'm guessing that is not enough... :/

[canadian_wife 1,822]

Thank you so much y'all for your kind replies. I will have him start the I-130 real soon (we are still waiting for our marriage certificate)

However i'm a bit worried. I read you have to include proofs of a bonafide marriage now. But how can someone have a joint bank account or a

lease together when you do not live in the same country?! Of course we have pictures of us, but i'm guessing that is not enough... :/

No worries

We sent in pictures, e-mails, and boarding passes from trips, passport stamps, and card we sent to each other

Joint bank accounts and leases are not required

Good luck

[Ryan H 3,812]

OP: There is another option on the table for you, albeit a longshot. The K3 visa, most people will tell you not to waste your time pursuing it (and that's a chorus I usually join). However, given your situation, it may be worth consideration.

If you were to be granted a K3, you would be allowed a 2-year stay in the US without having to adjust status (K3 is a non-immigrant visa so you would eventually have to adjust status to obtain a green card). That two year stay can be extended (although not indefinitely). Furtheremore, the K3 visa is multiple entry so you can go back and forth between Canada and the US during that two year period.

I saw pushbrk give the following advice on this thread. While the issues on that thread and this thread are different, I believe the advice is germane to anyone considering a K3.

The K3 visa is perfect for what you want but the problem may be actually managing to get through the process of obtaining one. It's been nearly impossible for the last 18 months, at least but may be worth a try now. You would need to note clearly in RED on your I-130 AND the I-129F, that your spouse does not intend to immigrate immediately and that you prefer the I-130 be held in storage while the I-129F only is forwarded to NVC. Iffy whether USCIS will pay attention to or honor your request but it's the only sure avenue you have.

If it were me doing it, I would file both petitions together in the same envelope being very clear what you are trying to do. I know others will be along shortly and tell you that the I-129F is to be filed later, after the I-130 receipt notice is in hand but there's no harm in trying and it may well actually get enough of their attention to get your I-129F to NVC instead of or ahead of your I-130, so there's a chance of an actual K3 visa.

Edited July 12, 2011 by Ryan H

[AstralEdge 2]

Ok little update here...

My mother actually passed away a few hours ago so now I have no choice but to go back to Canada for the funeral.

Are you sure there is no way at all of me going back to Canada for a while, maybe a month or two, then going back to the US telling im visiting my husband?

I know it is *technically visa fraud* but how could they know if they haven't even stamped my passport the first time. They have no idea I got married...

I am so desperate.

[Darnell 8,478]

you can always visit your husband, be prepared at the border crossing to show strong ties to Canada.

Sorry for your loss - my mother passed last year and I still haven't gotten over it.

[AstralEdge 2]

I meant visiting with the intention of staying and AOS .... if that's possible....

I'm sorry for your mother... it will take time to get over it, if we ever will ... but talking to her does help me a lot.

[Darnell 8,478]

I suggest USCitizen Spouse file the I-130 soonish, for CR-1 visa, interview in Montreal.

You keep crossing until interview day.

IMO, if you return from Canada and try to file AOS, will be immigration fraud.

[Jojo92122 1,924]

Ok little update here...

My mother actually passed away a few hours ago so now I have no choice but to go back to Canada for the funeral.

Are you sure there is no way at all of me going back to Canada for a while, maybe a month or two, then going back to the US telling im visiting my husband?

I know it is *technically visa fraud* but how could they know if they haven't even stamped my passport the first time. They have no idea I got married...

I am so desperate.

My condolences on the loss of your mother.

There is nothing "technically" about what you are suggesting. It is immigration fraud, period. Why would you risk a lifetime ban by making a material representation on an immigration form? Why would you risk your spouse being prosecuted for perjury for submitting immigration forms with a material misrepresentation? What if your information is scanned at the border when you return to the US?

I understand that you are desperate to be with your spouse; but so are so many here on this forum. You have a legal means of immigrating to the US, why would you risk it all for a few months???? That is utterly insane.

Do it the right and legal way. Go home and bury your mother. Have your spouse petition for you. As a Canadian, it is much easier for you to visit your spouse because of NAFTA. You don't even need a visa. This is a opportunity that is not available to most people waiting for their spouses. Realize how fortunate you are compared to others in situations similar to yours.

I hope you end up doing it the right way - meaning doing it legally. Making a material misrepresentation could end up very badly for you and your spouse. You could end up with a lifetime ban from the US, and your spouse could end up in criminal proceedings for submitting immigration forms with a material misrepresentation. When your spouse sends in the forms, he signed them under penalties of perjury. This means, he can be prosecuted for perjury.

I wish you the best.

Edited July 13, 2011 by Jojo92122

[AstralEdge 2]

Thank you everyone. I was in a panic and was trying to figure out the best option for us but you are right... doing it the right way is always the best solution of all.

So we've started filling the I-130 form and getting the documents to add to it. So now I will keep you updated on our immigration process! Thanks again for the help!