marriage/working in US HELP!

[cjohnston207 0]

Hello,

I first want to explain our situation and hopefully ya'll can help! I "Corey" am an American citizen, born and raised. I have been with my girlfriend of 4 years "Erika", she is Canadian ... we met at college, and she will be graduating this May 2012. We are wondering what we need to do to make sure she can stay here in American and live with me when done with college ... She tells me she can only stay in the US without being married if she finds a job in her field, but her field is Criminal Justice, my Aunt works for the county and said that they don't usually hire Canadian's because they need to take the oath, and how can you if you are not an American citizen? Please let me know if you guys know any ways around this or what to do, we want to get married we just didn't want to rush a wedding or anything .. we figured we could just go to the courts and get married, be legally married and have a wedding next year or down the road, we both agreed on this ...

basically, if someone can give me some information on what I or She needs to do to make sure this works, she doesn't want to go back to Canada and start a job and then re-locate back to the USA 5 months later, she would like to just stay right here get a job and continue with life ... let me know what we both need to do? and what is our total fees possibly looking like ... anything I need to know please let me know, she is going to some US/Canada thing on Monday, so hopefully she gets information there as well...

thank you all so much!

Corey

[Inky 1,111]

You would marry and then file an I-130 and I-485 with medical and all supporting documents to get a green card. She would not leave the USA at all during this.

Here is the step by step guide http://www.visajourney.com/content/i130guide2

the I-130 is $420 USD

the I-485 is $1070 USD

the medical cost is ranged and different for every place you can only use a civil surgeon listed by the USCIS for the medical. https://egov.uscis.gov/crisgwi/go?action=offices.type&OfficeLocator.office_type=CIV put your zip in there and it will locate ones near you.

[Nina~ 431]

You can file an Adjustment of Status (AOS) if she does not want to leave the country. However, you will have the bear the burden of proof that she didn't enter the country with the intent to immigrate.

http://www.visajourney.com/content/i130guide2

Here is the link to the guides

[cjohnston207 0]

You would marry and then file an I-130 and I-485 with medical and all supporting documents to get a green card. She would not leave the USA at all during this.

Here is the step by step guide http://www.visajourney.com/content/i130guide2

the I-130 is $420 USD

the I-485 is $1070 USD

the medical cost is ranged and different for every place you can only use a civil surgeon listed by the USCIS for the medical. https://egov.uscis.gov/crisgwi/go?action=offices.type&OfficeLocator.office_type=CIV put your zip in there and it will locate ones near you.

ok ... so, we would go to the town court, get married .. check .. then we would file paper work? or do we file paper work first .. sorry I definitely read what you wrote just making sure ... so say we marry, file paper work .. will she be able to get a job ANYWHERE? or can she not work during this time ... also you said she can't leave the country? as in the USA ... how long does that last usually? if someone dies can she or is she stuck here until it's official? sorry for all stupid questions just need help to understand

[GnBnL 50]

Yes, she'd have to adjust from her F-1 status. Its a bit tricky, as previous poster said, you have to prove she didn't just do that to stay in the US. You would marry first, then file. The other option is for her to finish her F-1/OPT then return to Canada once the year is up, and you can file for a K-1. She can visit you during this process while living in Canada until she gets her K-1 visa (fiance) then she would come to the US, you marry within 3 months, then she applies for a greencard. IF you get married first, she cannot leave the US, and once you are granted, she would have a green card and be able to work anywhere. I'm not sure if you file for I-130 that she would be giving up her F-1 but I'm pretty sure you can't do both at the same time. Don't quote me on that...if I were you, I would go the K-1 route. You'll be apart for awhile, but if you're not ready to marry now and she wants to be able to go home, then this is a good choice. Like I said, she can visit the US while K-1 is pending as long as she can prove she's lives in Canada while she waits. You'd be apart for less than a year, but again, a good way to test your relationship for marriage. Hope this helps! please feel free to get in touch with me if you have more questions as I came from a similar situation.

[GnBnL 50]

Correction: she CAN leave the US if she wants, she just won't be allowed back in until she has a visa in hand. Whereas K-1, she lives in Canada, and can come to visit US if she wants.

[cjohnston207 0]

Correction: she CAN leave the US if she wants, she just won't be allowed back in until she has a visa in hand. Whereas K-1, she lives in Canada, and can come to visit US if she wants.

hey,

only issue is she doesn't want to go home and NOT work, or even if she finds a job she doesn't want to work it for 6 months then come back to USA and try and find a job ... she is looking to graduate in may and stay right here ... we want to get married definitely .. we don't mind marrying asap and having a wedding down the road .. we have done the long distance as I live 6 hours from her ... well we obviously live together now since we went to the same school but for summers and christmas we never were together ... so what im really saying is if we get married and she cant leave the us ... how long does it usually take for a green card so she can re enter canada to see family

[Inky 1,111]

hey,

only issue is she doesn't want to go home and NOT work, or even if she finds a job she doesn't want to work it for 6 months then come back to USA and try and find a job ... she is looking to graduate in may and stay right here ... we want to get married definitely .. we don't mind marrying asap and having a wedding down the road .. we have done the long distance as I live 6 hours from her ... well we obviously live together now since we went to the same school but for summers and christmas we never were together ... so what im really saying is if we get married and she cant leave the us ... how long does it usually take for a green card so she can re enter canada to see family

You need to marry first because the marriage certificate is a requirement for the packet.

She can apply for AP ( 131 form ) which will allow her to travel to Canada for visiting family while she is waiting out the process. The AP (131 form ) is sent in with the I-485 and does not cost any extra. She would get the AP card before the green card.

[cjohnston207 0]

understandable ... so what are we looking at for costs? for everything ... I am just getting really confused on some posts, some say she can re-enter some say she is locked out .. just confusing but I appreciate the help ..

we want to marry and have a wedding, but the wedding can wait .. we are wondering is our best bet to just go to justice of the peace and get officially married and then start the process ... or is it better for her to go home and stay there and then come back and marry me later? .. now if she opts to do OPT can she do OPT and then 5/6 months into it we end up saying lets marry .. or is there stipulations to all of this ... sorry for this whole confusion, just figured you guys might know considering most went through it ... We truly appreciate it!

thanks corey

[GnBnL 50]

She would only be "locked out" until she can get AP (advance parole) which is a document that allows her to travel outside the US. And, a lot of couples get married legally and have a wedding later as immigration processing times are unpredictable. I just wanted to warn you about the not leaving b/c you expressed "what if someone dies" so as to let you know she cannot leave impromptu. She must have a travel document if you choose to go the marriage in the US route. Of course, she can travel on OPT.

[VanessaTony 3,567]

understandable ... so what are we looking at for costs? for everything ... I am just getting really confused on some posts, some say she can re-enter some say she is locked out .. just confusing but I appreciate the help ..

we want to marry and have a wedding, but the wedding can wait .. we are wondering is our best bet to just go to justice of the peace and get officially married and then start the process ... or is it better for her to go home and stay there and then come back and marry me later? .. now if she opts to do OPT can she do OPT and then 5/6 months into it we end up saying lets marry .. or is there stipulations to all of this ... sorry for this whole confusion, just figured you guys might know considering most went through it ... We truly appreciate it!

thanks corey

Okay everyone is saying the same thing just sounds confusing

You will apply for AOS (i-485 - Adjustment of Status) and the I-130 at the same time. You will also apply for the EAD (I-765 - work permit), and AP (I-131 - Advanced Parole). Price is $1070 for the AOS, EAD and AP together, and $420 for the I-130. She will also require a medical including shots (anywhere from $200 - $400). This ALL must be done and paid for. ALSO, you must submit an I-864 and prove you earn enough to support your 2 person household ($18,387). if you don't earn that you can use assets to make up the difference OR get a joint sponsor.

Once she has applied for AOS she can LEAVE the US (before getting a GC) but she wouldn't be able to re-enter without another visa, and her AOS would be considered abandoned. This is why she applies for AP as well. Once she has the AP document she can leave and re-enter the US without problem. It won't affect her AOS at all.

If you're planning on doing it this way she CANNOT leave the US and then re-enter to "start the process". It is immigration fraud to enter the country with immigrant intent. She's been going to school so there's no doubt she intended to study when she last entered. Best to get married and start the process now. It will take around 2 months for AP and around 3-6 months for the greencard.

As for work, no she can't work in jobs that require US citizenship (obviously ) as she is only a legal permanent resident. Aside from that there are no restrictions. A couple of major things to know:

1. If she EVER claims to be a be a USC then she can have her GC revoked, deported and banned for life. This is important because when getting a US drivers licence they often ask if you want to register to vote. She must say no.

2. She can also have her GC revoked for breaking the law (felonies). Speeding tickets and what not don't matter in terms of her status.

3. She must maintain her presence in the US. She is welcome to visit home but she can only remain out for less that a year. Any periods out for 6 months or more can be used against her. She must spend the majority of a year in the US. She must also file taxes yearly (even if living in Canada at the time).

4. In 2 years from getting her GC (it will be a 2 year card) she needs to file MORE papers and pay for those

5. If she is still married to you in 3 years from getting her GC (the "resident since" date on the card) then she is eligible for US citizenship. She will not lose her Canadian citizenship by obtaining US citizenship. If she isn't married to you at that time she needs to wait 5 years.