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Filed: Country: Canada
Timeline
Posted

I'm an american who met a canadian online, we met a few times in person and decided to get married. We were going to do the K-1 visa, but on her last trip down we decided to get married and she didn't take her flight back home. Now we're stuck on what to do and would like some advice. We've talked to a lawyer, but haven't retained them yet. Everything we've read seems to originate the filing for her in canada. Can we do it with her in america? Should we go the CR1/IR1 route? Also, it seems they want proof of marriage now so how do we go along to get joint documents? (like adding her to my bank account) We're just looking for some general direction, because a lawyer is very expensive and this all seems complicated and confusing.

Filed: Citizen (apr) Country: Canada
Timeline
Posted

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

Congratulations on your marriage, follow the guide in the link above. She does not have to go back to Canada, in fact, if you start this process she cannot leave the US until she has permission to do so in the form of her travel doucment or her green card

This is a DIY site, so unless you have a particularly difficult case, come here and ask all your quesitons

Good luck

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August 12, 2008 - petition sent
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February 10, 2009 - NOA-2
178 DAYS FROM NOA-1


NVC
February 13, 2009 - NVC case number assigned
March 12, 2009 - Case Complete
25 DAY TRIP THROUGH NVC


Medical
May 4, 2009


Interview
May, 26, 2009


POE - June 20, 2009 Toronto - Atlanta, GA

Removal of Conditions
Filed - April 14, 2011
Biometrics - June 2, 2011 (early)
Approval - November 9, 2011
209 DAY TRIP TO REMOVE CONDITIONS

Citizenship

April 29, 2013 - NOA1 for petition received

September 10, 2013 Interview - decision could not be made.

April 15, 2014 APPROVED. Wait for oath ceremony

Waited...

September 29, 2015 - sent letter to senator.

October 16, 2015 - US Citizen

Filed: Citizen (apr) Country: Canada
Timeline
Posted

Since she last entered the US without the intention of getting married and staying, she is allowed to apply to change her status from visitor to permanent resident without leaving the US. In fact, she will not be able to leave the US until she gets either her green card or a travel document known as an Advance Parole. If she had intended on getting married and remaining in the US when she last crossed the border, or if she had returned to Canada after getting married, you would not have the option of applying to change status from within the US. Since there was no immigrant intent upon arrival, USCIS considers that her circumstances have changed since her arrival and she is allowed to apply.

So, read the link Canadian_Wife provided, and use visa journey as an information resource and support network for the two of you to go through the immigration process. Many of us here have done this without lawyers and have a wealth of information at our fingertips.

Good luck - and congratulations.

“...Isn't it splendid to think of all the things there are to find out about? It just makes me feel glad to be alive--it's such an interesting world. It wouldn't be half so interesting if we knew all about everything, would it? There'd be no scope for imagination then, would there?”

. Lucy Maude Montgomery, Anne of Green Gables

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