Foreign Spouse remaining in USA during immigration

[bunnytremolo 0]

I was wondering if there was any type of visa where I don't have to be separated from my fiance / future husband during the process of immigration.

Hypothetically, what if I (Canadian) unexpectedly ended up getting married to my fiance while visiting the US on a travelers visa. Is there any way I could stay in the country while the paperwork is being completed?

Thanks

Edited January 13, 2012 by bunnytremolo

[Pitaya 2,577]

I was wondering if there was any type of visa where I don't have to be separated from my fiance / future husband during the process of immigration.

Hypothetically, what if I (Canadian) unexpectedly ended up getting married to my fiance while visiting the US on a travelers visa. Is there any way I could stay in the country while the paperwork is being completed?

Thanks

Don't think so. There are a lot of folks that would like to do what your are saying. At the end of your visa you will have to go back home. If you overstay your visa, there may be serious consequences down the road. Rake a look at the Guides for some useful information.

It is a long process, but the end result is worth it.

Good luck.

[Moomin 292]

One thing is not leaving the family when being in the US already, another is asking before getting there, then the "hypothetically" turns into a thought out scenario. Nobody here with knowledge about VJ's TOS will advise to visit on a tourist visa with the intent of more than just marrying and visiting. Sure, some people have adjusted their status that way. Most of the times it's legit if it wasn't planned or something unforeseen happened.

What you could do it file the i-129f petition now, then visit in the US until your lawful stay is up and go back, and then have your medical and interview done(and all documents needed). If you're granted 6 months stay as a tourist in the US then you hardly have any waiting time in Canada after that(depending on the process and flow in it of course).

But yes, read the guides, look into the different visa types.

[Ryan H 3,819]

I was wondering if there was any type of visa where I don't have to be separated from my fiance / future husband during the process of immigration.

No

[Penguin_ie 5,995]

*** One post removed for TOS violation: "Condone or instruct, either directly or indirectly, others on how to commit fraudulent or illegal immigration activities in any way, shape, manner or method." ***

[scotinmass 588]

I was wondering if there was any type of visa where I don't have to be separated from my fiance / future husband during the process of immigration.

Hypothetically, what if I (Canadian) unexpectedly ended up getting married to my fiance while visiting the US on a travelers visa. Is there any way I could stay in the country while the paperwork is being completed?

Thanks

If there was such a visa we all would have used it instead of spending almost a year apart!

Always take the legal route even if it sucks.

[bunnytremolo 0]

What you could do it file the i-129f petition now, then visit in the US until your lawful stay is up and go back, and then have your medical and interview done(and all documents needed). If you're granted 6 months stay as a tourist in the US then you hardly have any waiting time in Canada after that(depending on the process and flow in it of course).

interesting!

thanks!

[Moomin 292]

interesting!

thanks!

You're welcome. : )

[pushbrk 13,036]

Canadians do have a lot of options to avoid separation during the process. If, while visiting, you actually make the decision to marry during a visit, then yes, you can stay and adjust your status, but you must "STAY" until you at least have Advance Parole. It's making the decision prior to entry that risks a fraud finding.

[bunnytremolo 0]

Canadians do have a lot of options to avoid separation during the process. If, while visiting, you actually make the decision to marry during a visit, then yes, you can stay and adjust your status, but you must "STAY" until you at least have Advance Parole. It's making the decision prior to entry that risks a fraud finding.

great info.

thank you!

[NigeriaorBust 4,087]

But you have posted your intent on a place that is sometimes monitored by USCIS. (VJ has actually been mentioned in interviews), Trying to say you didn't plan on marriage may get you into a lifetime ban.

Edited January 15, 2012 by NigeriaorBust

[bunnytremolo 0]

But you have posted your intent on a place that is sometimes monitored by USCIS. (VJ has actually been mentioned in interviews), Trying to say you didn't plan on marriage may get you into a lifetime ban.

I most definitely did not post that I intend on doing that.

Please re-read what I wrote if you are confused.

[usernameisdiff 0]

Canadians do have a lot of options to avoid separation during the process. If, while visiting, you actually make the decision to marry during a visit, then yes, you can stay and adjust your status, but you must "STAY" until you at least have Advance Parole. It's making the decision prior to entry that risks a fraud finding.

I've been married for over a year and have been going back and forth because I have a business in canada and children that I still see(older ones)now I want to stay in the US and start the process, my understanding is that if I come in the US on a visitor visa I have to apply for a I-130 then do a change in status(what form do I use) then if I want to go back and forth while its in the approval process I have to apply for a I-131 travel permit or they would considering you abandoning the appliacation, when do you 1)change your status from a visitor visa 2) apply for the travel permit your help would be appreciated not a lot of people on here know this way of doing it(Also I was told this way is not per say legal but they don't deny the approval doing it this way)thanks

[pushbrk 13,036]

I've been married for over a year and have been going back and forth because I have a business in canada and children that I still see(older ones)now I want to stay in the US and start the process, my understanding is that if I come in the US on a visitor visa I have to apply for a I-130 then do a change in status(what form do I use) then if I want to go back and forth while its in the approval process I have to apply for a I-131 travel permit or they would considering you abandoning the appliacation, when do you 1)change your status from a visitor visa 2) apply for the travel permit your help would be appreciated not a lot of people on here know this way of doing it(Also I was told this way is not per say legal but they don't deny the approval doing it this way)thanks

In your situation, it would be best to follow the IR1 visa process. You should still be able to travel back and forth during the 10 months to a year between filing and when you obtain the visa in Montreal. If, while you are already in the USA, you decide to adjust status, you will NOT be able to freely travel to and from Canada. You'll need to wait until you have advance parole before leaving. Note that advance parole is generally intended for those who have a need to make one or two trips outside the USA, not for those wishing to make frequent trips.