Need help filling out I-485

[bsd058 296]

See here about studying in the US.

[grrrrreat 109]

See here about studying in the US.

This page is about obtaining permission to enter the U.S. to study which isn't relevant to OP. He doesn't need an I-20 to enter; he's already here. And he wants to adjust status, so he won't be eligible for an I-20 in any case.

[darcness 3]

I'm actually in the same boat as you OP. My wife is a Canadian citizen and she came for a visit, and then we ended up getting married here in the states. Thankfully we have a couple years worth of crossing back and forth, so I'm not too worried about proving her ties to Canada or having to defend our decision. If we do though, we will be prepared for that. It's kind of a kick in the pants when your fiance's mother tells you she will give you money for a wedding and immigration (and some left for us) while she's visiting the states. That's how it happened for us and I'm sure many others have their own stories. Some times you feel like you have to prove to everyone that you're telling the truth and doing things lawfully. If you know that you are, then don't worry about it. All you have to do is explain it to the immigration officer if they ask (which they probably will). Just make sure you have any and all evidence to support your case.

Right now we are in the initial phases of this still. Just sent in all of our paperwork 2 days ago and haven't even gotten our first NOA (notice of action) yet. If you have any questions you can PM me.

Edited June 28, 2012 by darcness

[DandT14 272]

Make space in the boat for me, canadianabroad and darcness. My husband (a canadian) visited me a few times and during his last visit, my divorce became final (finally!) so we said, "Yay! Let's celebrate and get married!". It wasn't until I came here that I heard that a short time frame between divorce and remarriage is a "red flag". And we certainly never worried about proving that he didn't intend to stay when he flew in the last time, because, we knew he wasn't staying!

I think it's probably common for Canadians, who are used to traveling (more or less) freely between countries to not worry themselves too much with immigration issues. Then you get married to a USC and suddenly you wish you would have taken more pictures...(among other things.)

[darcness 3]

Agreed DandT14, you really don't think about these things, sometimes until it's too late. It's unfortunate because we all want to be with our loved ones.

Thankfully in our case we have plenty of evidence to support our marriage and relationship. I had 11 months between my actual divorce and my remarriage so I think I'm ok on that one too. I hope everything goes well for all of us. I think we all worry a little more than we actually need to. Human nature I suppose.

[VanessaTony 3,567]

I personally wouldn't risk it. You have a person you've only known about 6 months who you "just happened" to fall in love with while here and instead of returning to your job and country (where you apparently had ties) you gave all that up to get married, again to someone you haven't known very long after, telling the people at the border that you had no intention to stay... I'm sorry but it all looks like a big fat lie (I'm not saying it IS, just that it looks that way). Had you not been stopped and questioned I wouldn't even bother with this warning, but as you WERE the risks of material misrep are there... however small... you don't know what they wrote in your record.

Also, to be honest, you live in Canada. A border trip away. Not really that far in the grand scheme, not a 24 hour by plane travel away and we're not children so we're able to survive missing someone for a little while, you'll be fine if you choose the CR-1 route.

Oh, and adding to the look of fraud is your "sudden" interest in schooling here and starting asap. It just looks like your plan all along. Again, not saying this is the case but it looks that way. They don't usually question intent but we don't know what was written in your record... and I would be worried.

[Linc 0]

I am in a similar situation as the OP. I entered the United States as a Canadian visitor to come see my sister and ended up marrying my girlfriend of 9 and a half years while being down in the U.S.

My question is about how to fill out Part 2 on the 1-485 application that reads:

"I am applying for an adjustment to permanent resident status because:

a_

b_

c_

d_

e_

f_

g_

h_"

Which one do I check off?? I don't qualify for c, d, e, f, g. Pretty sure not a or b either. Do I select h "other" and say I married while in the U.S. as a Canadian visitor?

Any help would be appreciated. Thank you.

Edited September 13, 2012 by Linc

[Hypnos 6,578]

(a)

[Linc 0]

(a)

Thanks for the response.

Just to clarify, I select (a) because the I-130 that my spouse files with the I-485 is considered the immigrant petition?

[Hypnos 6,578]

That is correct.

[Linc 0]

That is correct.

Great, thank you!