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Canadian Nurse Marrying American! Need help!

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Filed: Country: Canada
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I am a Canadian RN marrying an American in March 2012. We have consulted a number of immigration lawyers on the best route to take for me to be able to move to the US right away after our marriage! Some have said come across and file for AOS after 30 days, considered fraudulent but rarely investigated, or to apply for spousal visa from Canada and be apart for up to a year! Are there any options that would allow us to marry in Canada and move to the states right away in March? I do not have my US nursing license as of yet but hope to pass it soon! Any help you can provide would be much appreciated!

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Filed: K-1 Visa Country: Wales
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Not usually a year.

Look to see if you can get a TN Visa, Canadians Only.

Get married now, quickie registry office jobbie so you can file straight away.

Or file for a Fiancee.

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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Filed: Citizen (apr) Country: Canada
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If it was me (and it was at one point) I'd never do anything considered 'fraudulant' because although it is rarely investigated, it is investigated and if you are caught it can result in a lifetime ban.

TN visas are good, but you are required to have a job and your licence before you apply.

Otherwise a spousal visa is your choice and not likely to be done by March - ours took 10 months and the interview will be in Montreal.

Good luck

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Nothing legal besides a work visa.

You can marry ASAP and file for the CR-1. Or just file immediately for a K-1 to marry here. You are looking at the better part of a year either way but it's the only legal option since you have intent.

In the meantime if you can provide strong ties to your country you can continue to visit back and forth as long as you don't overstay.

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ADJUSTMENT OF STATUS

08.06.2010 - Sent off I-485
08.25.2010 - NOA hard copies received (x4), case status available online: 765, 131, 130.
10.15.2010 - RFE received: need 2 additional photos for AP.
10.18.2010 - RFE response sent certified mail
10.21.2010 - Service request placed for biometrics
10.25.2010 - RFE received per USCIS
10.26.2010 - Text/email received - AP approved!
10.28.2010 - Biometrics appointment received, dated 10/22 - set for 11/19 @ 3:00 PM
11.01.2010 - Successful biometrics walk-in @ 9:45 AM; EAD card sent for production text/email @ 2:47 PM! I-485 case status now available online.
11.04.2010 - Text/Email (2nd) - EAD card sent for production
11.08.2010 - Text/Email (3rd) - EAD approved
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01.13.2011 - Interview - no decision on the spot
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11.23.2012 - Successful early biometrics walk-in

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Filing in November 2013

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Here is a comparison chart of the CR-1 and K-1 Visa for you: http://www.visajourney.com/content/compare

If you do stick to your March wedding date you will be filing for a CR-1 Visa and you won't be able to file until after you marry and your time apart will start then. You could do a quicky wedding now as suggested above and start the filing process to get you into the US quicker after the March wedding.

The fiance visa is supposed to be quicker and if you're a westerner it may be (as they go through the less busy Vancouver Consulate) but you won't be able to work or leave the US for a few months after getting there and of course you wouldn't be able to get married in March.

Personally, I won't even consider the AOS route because I don't want to chance a ban.

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Filed: Citizen (apr) Country: Nigeria
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Rarely investigated but you have posted on a public forum that immigration is known to look at, leaving your IP addy behind that you are thinking of immigration fraud. If they EVER decide to clamp down and tie your post to you , they can revoke all privilages that you have aquired from the point of your first lie. So you will always have to look over your shoulder if you try to commit an rarely investigated fruadulant act. I would advise you to look to a Cr1 or K1 now that you have left evidence behind.

This will not be over quickly. You will not enjoy this.

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Filed: Country: Canada
Timeline

Thank-you all for your prompt replies! Just to clarify, I was definitely not saying I want to be fraudulent or would ever even consider it...I was stating that we had been give this advice and were looking for other (legal options)! Applying for the CR-1 sounds like where we should begin then! Also if we did a "quickie wedding" here in Canada right away do we need to be providing evidence in the future of this civil ceremony? We would likely still have a larger religious ceremony in March!

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Thank-you all for your prompt replies! Just to clarify, I was definitely not saying I want to be fraudulent or would ever even consider it...I was stating that we had been give this advice and were looking for other (legal options)! Applying for the CR-1 sounds like where we should begin then! Also if we did a "quickie wedding" here in Canada right away do we need to be providing evidence in the future of this civil ceremony? We would likely still have a larger religious ceremony in March!

Yes, you need the marriage certificate. USCIS cares about where you are first legally married, so that's what you would include with your application. You are free to have a religious ceremony afterwards, but USCIS doesn't really care about that - they just care about when the marriage was legalized. My husband and I just went down to the court house by ourselves and got married, still haven't done the "big" wedding we were planning on but it made no difference.

OUR TIMELINE

I am the USC, husband is adjusting from B2.

ADJUSTMENT OF STATUS

08.06.2010 - Sent off I-485
08.25.2010 - NOA hard copies received (x4), case status available online: 765, 131, 130.
10.15.2010 - RFE received: need 2 additional photos for AP.
10.18.2010 - RFE response sent certified mail
10.21.2010 - Service request placed for biometrics
10.25.2010 - RFE received per USCIS
10.26.2010 - Text/email received - AP approved!
10.28.2010 - Biometrics appointment received, dated 10/22 - set for 11/19 @ 3:00 PM
11.01.2010 - Successful biometrics walk-in @ 9:45 AM; EAD card sent for production text/email @ 2:47 PM! I-485 case status now available online.
11.04.2010 - Text/Email (2nd) - EAD card sent for production
11.08.2010 - Text/Email (3rd) - EAD approved
11.10.2010 - EAD received
12.11.2010 - Interview letter received - 01.13.11
01.13.2011 - Interview - no decision on the spot
01.24.2011 - Approved! Card production ordered!

REMOVAL OF CONDITIONS

11.02.2012 - Mailed I-751 packet to VSC
11.08.2012 - Checks cashed
11.10.2012 - NOA1 received, dated 11.06.2012
11.17.2012 - Biometrics letter received for 12.05.2012
11.23.2012 - Successful early biometrics walk-in

05.03.2013 - Approved! Card production ordered!

CITIZENSHIP

Filing in November 2013

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Filed: Citizen (apr) Country: Ireland
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**** Removed one post implying/suggesting illegal activity and one post posted in the wrong thread. ****

Bye: Penguin

Me: Irish/ Swiss citizen, and now naturalised US citizen. Husband: USC; twin babies born Feb 08 in Ireland and a daughter in Feb 2010 in Arkansas who are all joint Irish/ USC. Did DCF (IR1) in 6 weeks via the Dublin, Ireland embassy and now living in Arkansas.

mod penguin.jpg

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