Canadian in USA for 6months already

[justusnow 0]

I have been seeing someone for 3 1/2 years (online) and met finally in june of last year. I was in the usa for a few months, and went back to Ontario. I then came down again in March, and he proposed!! We got married in June, in the USA.

I've now been here for almost 6 months.

What happens now ? I am getting conflicting reports depending on who I talk to, some say I have no choice but to go back to Canada, and others are saying to stay in the USA an process an adjustment to status, and begin my green card process.

MY Children are still in Canada and our plan is that they will be coming down as well.

Any advice from you experts, you always have a way of helping me understand this stuff ..

[Rachel & Tom 9]

I have been seeing someone for 3 1/2 years (online) and met finally in june of last year. I was in the usa for a few months, and went back to Ontario. I then came down again in March, and he proposed!! We got married in June, in the USA.

I've now been here for almost 6 months.

What happens now ? I am getting conflicting reports depending on who I talk to, some say I have no choice but to go back to Canada, and others are saying to stay in the USA an process an adjustment to status, and begin my green card process.

MY Children are still in Canada and our plan is that they will be coming down as well.

Any advice from you experts, you always have a way of helping me understand this stuff ..

I ready somewhere that said you should stay in the US and do an AOS instead of doing the marriage visa route.... its kind of like cheating for those of us who had to wait the 8 or 9 months to be together but we all should be happy for you =) that you get to stay with your hubby instead of being away from him for a long time... I would contact a immigration lawyer and see what they say, that would be your best bet... Good luck =)

[JohnR! 5,495]

I have been seeing someone for 3 1/2 years (online) and met finally in june of last year. I was in the usa for a few months, and went back to Ontario. I then came down again in March, and he proposed!! We got married in June, in the USA.

I've now been here for almost 6 months.

What happens now ? I am getting conflicting reports depending on who I talk to, some say I have no choice but to go back to Canada, and others are saying to stay in the USA an process an adjustment to status, and begin my green card process.

MY Children are still in Canada and our plan is that they will be coming down as well.

Any advice from you experts, you always have a way of helping me understand this stuff ..

You can do either but if you plan to bring your children to live in the US legally it would be easier for you to return home and have your husband begin the CR process by filing form I-130 for you & children. IMHO you don't need a lawyer for this process. It will cost you money and it will not expedite your process in any way.

Check out the USCIS link: http://travel.state....pes_1306.html#1

Congrats & good luck!

Edited September 7, 2012 by Gegel

[Little_My 464]

No, it is not cheating, unless the original entry to the united states with a non-immigrant visa was done with the clear and pre-conceived intention to remain in the US for the purpose of obtaining a greencard. If the decision to adjust status is made after entry to the US, it is perfectly legal and fine to do so.

Justusnow - were you given a stamp that was valid for 6 months? My understanding is that though in general Canadians can come to the US as tourists and remain up to 6 months at a time, the CBP officers can also give the visitor a shorter period. If you were allowed to stay for 6 months, you haven't overstayed your tourist status yet and can choose form two options.

1. You remain in the US and file for adjustment of status here. You won't be able to leave the country for about 3 months, until you get the temporary travel document known as Advance Parole, or AP. The process will set you back around $1,500 in filing fees, plus the cost of a medical exam. You'll have an interview in the US together with your husband, and roughly 4-6 months from filing, you'll have your greencard if all goes well.

2. You go back to Canada and file for the CR-1 spousal visa. You'll go through the process in Canada, which will take around 9-11 months. You'll probably be able to visit the US as a tourist while the CR-1 is pending. Once the visa is issued, you are allowed to come to the US, and upon entry you'll immediately become a permanent resident. Cheaper than AOS, but slower.

Regarding your children, I am not aware of the process for bringing them here, but other members will probably know about that. I do know that you most likely won't be able to bring them down from Canada without the permission of their father.

[justusnow 0]

You can do either but if you plan to bring your children to live in the US legally it would be easier for you to return home and have your husband begin the CR process by filing form I-130 for you & children. IMHO you don't need a lawyer for this process. It will cost you money and it will not expedite your process in any way.

Check out the USCIS link: http://travel.state....pes_1306.html#1

Congrats & good luck!

Thank you for your answers ...

1) I came for a visit .. and ended up staying. I came down by bus, with the intention of flying back a few weeks later.

2) I have his permission, it was part of our divorce settlement. This is something that I've been working towards for 3 1/2 yrs.

[mrgpendleton 0]

Interested in knowing your situation now? What is the status?