Applying for a CR-1 while in the US as a visiting Canadian

[JaneyD 0]

Hi everyone,

I did some searching on the forum already but I would like to make a post to confirm certain things specific to my situation. (Just to be on the safe side!)

I am a Canadian currently in the US visiting my boyfriend. It was only intended to be a 2 month visit for the holiday season (which was what I told them at the border) but now we have decided we want to get married. From what I read it seems like it's easier to just stay in the US while filing for the CR-1 as crossing the border can get messy (if I ever wanted to come back into the US for another visit). But with that being said, I'm concerned with the amount of time the CR-1 application could take and I would most likely become out-of-status once I go over the 6 months mark. Would something like the 245k "180 Day Rule" apply here? Would it cause any problems for my CR-1 application (eg. getting denied or having my whole application void altogether) if I do overstay my visit? Also, I'm concerned for when the time comes for the interviews. Would I be able to do the interviews while in the US or would I have to go back to Canada (which could cause further problems had I overstayed my visit in the US)?

Of course, I understand the most ideal way to approach this would be for me to return to Canada right now and wait for the whole CR-1 process to be completed first before re-entering the US. However, my (soon-to-be) husband and I would like to stay together if possible during this time and we would like to find out if there is any way we would be able to do that. We have also considered applying for a K1 or a K3 prior to applying for a CR-1 but it really doesn't seem like we would benefit too much from either one of those, but please correct me if I am wrong...

Thanks,

Janey

[spn1025 38]

Well, good luck. If it were that easy, we'd all have our spouses here on a visitor visa then just have them stay while the paperwork processes.

You can extend your (imaginary) B2 status. If you stay over 6 months without extending, you're ground for deportation, and possibly a ban from the country.

You can apply for Adjustment of Status (I-485), but I'm not 100% sure if that works on a tourist visa. Actually, I would hope they would deny it on those terms, otherwise people would be cheating the system by bringing their spouse over here on a B2 and then they can stay til the I-485 is processed. Maybe someone with more knowledge on adjusting from a B2 can shed some light. I would think it would be immigration fraud. Everyone else has to wait for a K1 or IR-1/CR-1 to bring their spouse here.

[JaneyD 0]

Well, good luck. If it were that easy, we'd all have our spouses here on a visitor visa then just have them stay while the paperwork processes.

You can extend your (imaginary) B2 status. If you stay over 6 months without extending, you're ground for deportation, and possibly a ban from the country.

You can apply for Adjustment of Status (I-485), but I'm not 100% sure if that works on a tourist visa. Actually, I would hope they would deny it on those terms, otherwise people would be cheating the system by bringing their spouse over here on a B2 and then they can stay til the I-485 is processed. Maybe someone with more knowledge on adjusting from a B2 can shed some light. I would think it would be immigration fraud. Everyone else has to wait for a K1 or IR-1/CR-1 to bring their spouse here.

To shed some light, we've been together for 10 years and as we both live by the borders of our country we would just frequently drive back and forth to see each other. I had no idea that by a turn of event we will be getting married. If the easier way is simply to continue to do this back and forth visit during this time, then that is what we'll do. I just want to know that it won't cause problems at the border. From my understanding, it would cause some problems if they know I have intentions to immigrate and that I am married to a US citizen and would refuse me entry if I try to come back for another visit. We just want to know all our options here while we are still well within the laws of everything. I mean, would having me stay in the US for 5 months before returning to Canada and waiting out the rest of the CR-1 application be an option?

Which leads to another question that may be better in another section, how should I calculate my 6 months stay? To me it seems like it begins from the time I entered the US on THIS particular visit. However, my boyfriend and I took a 2 week Carribean cruise just a month before that. There is about a 3 week break before I returned to the US again (this visit) but would those extra 2 weeks be tacked onto the way I would calculate the 6 months? Is there a way for me to find out EXACTLY what my last day here legally in the US would be (maybe a number I could call)? I don't want to make a mistake counting the days as it would be near impossible with the frequent but short visits throughout the year.

Thanks again.

[The Mean Lady 604]

Yes, there are ways to adjust status after marriage but you would be better to find out more about that in the Adjusting Status forum.

http://www.visajourney.com/forums/forum/130-adjustment-of-status-from-work-student-tourist-visas/

I don't know much about it, but when I saw it discussed recently, I saw that when you're in process, something about it extends the length of time you're allow basically putting you there legally while you wait and not out of status.

K1 visa is for fiances.

K3 visa is virtually obsolete and not worth your time to file.

GL finding the answers you're looking for.

To shed some light, we've been together for 10 years and as we both live by the borders of our country we would just frequently drive back and forth to see each other. I had no idea that by a turn of event we will be getting married. If the easier way is simply to continue to do this back and forth visit during this time, then that is what we'll do. I just want to know that it won't cause problems at the border. From my understanding, it would cause some problems if they know I have intentions to immigrate and that I am married to a US citizen and would refuse me entry if I try to come back for another visit. We just want to know all our options here while we are still well within the laws of everything. I mean, would having me stay in the US for 5 months before returning to Canada and waiting out the rest of the CR-1 application be an option?

Which leads to another question that may be better in another section, how should I calculate my 6 months stay? To me it seems like it begins from the time I entered the US on THIS particular visit. However, my boyfriend and I took a 2 week Carribean cruise just a month before that. There is about a 3 week break before I returned to the US again (this visit) but would those extra 2 weeks be tacked onto the way I would calculate the 6 months? Is there a way for me to find out EXACTLY what my last day here legally in the US would be (maybe a number I could call)? I don't want to make a mistake counting the days as it would be near impossible with the frequent but short visits throughout the year.

Thanks again.

From the time you crossed over this visit.

[JaneyD 0]

Thank you and thanks for confirming that the K1 and K3 would indeed not be beneficial to our situation.

I will definitely have a look at the AOS process as well and see if that's the better route. I am thinking the 245k "180 Day Rule" is what might help to give me another 6 months here after my 6 months is up, but I believe I would still be out-of-status during that time. I don't ever want to come to the point where we would need to get a lawyer involved. I'll absolutely look further into it to have a better understanding, but it is very helpful to know that this option is also available. Thanks again for your insight.

Edited January 18, 2013 by JaneyD

[NikLR 13,232]

If getting married is truly an unintended and spontaneous decision you may adjust your status. During the aos time you should not leave the USA unless granted advanced parole. If this is a planed decision you have to return to Canada for the interview and medical. It's also a good idea to not overstay. While the CR1 goes through you can still visit but you may have to show ties to Canada if asked. Btw as far as I understand its 180 days per calendar year, so it would have restarted in Jan. Some people feel it's per visit though so every time you leave and return its a renewed 180 days. In the end if they stamp your passport with a date, you need to leave on or before that date or risk overstay.

[JaneyD 0]

If getting married is truly an unintended and spontaneous decision you may adjust your status. During the aos time you should not leave the USA unless granted advanced parole. If this is a planed decision you have to return to Canada for the interview and medical. It's also a good idea to not overstay. While the CR1 goes through you can still visit but you may have to show ties to Canada if asked. Btw as far as I understand its 180 days per calendar year, so it would have restarted in Jan. Some people feel it's per visit though so every time you leave and return its a renewed 180 days. In the end if they stamp your passport with a date, you need to leave on or before that date or risk overstay.

It was most definitely unplanned, but how would I prove this? It's good to know that this could be an issue if I were to file for an AOS.

Here is my post in the AOS section of the forums and what I had gathered from it.

[The Mean Lady 604]

It was most definitely unplanned, but how would I prove this? It's good to know that this could be an issue if I were to file for an AOS.

Here is my post in the AOS section of the forums and what I had gathered from it.

Yes, it will be your burden of proof to show that you didn't intend to do this.

I really have no experience in how that's done, sorry.

Best to keep in AOS and find out about that.

[JaneyD 0]

Yes, it will be your burden of proof to show that you didn't intend to do this.

I really have no experience in how that's done, sorry.

Best to keep in AOS and find out about that.

No worries, I appreciate all the information you were able to provide.

Just a quick confirmation, for the cost of the CR-1, is it $355 for the I-130 and $545 for the I-751 later on? Are there any other fees I should be aware of? I used this for reference. The chart here states it would be approx. $945. I assumed that number came from just those two things, but it isn't clear to me.

Thanks,

Janey

[The Mean Lady 604]

No worries, I appreciate all the information you were able to provide.

Just a quick confirmation, for the cost of the CR-1, is it $355 for the I-130 and $545 for the I-751 later on? Are there any other fees I should be aware of? I used this for reference. The chart here states it would be approx. $945. I assumed that number came from just those two things, but it isn't clear to me.

Thanks,

Janey

That's a very old post.

I-130 = 480

AoS = 88

IV Fee = 230

Green Card fee = 165

Medical is Currently around $300 I believe

Plus travel, requests for birth certificates, etc etc

[JaneyD 0]

That's a very old post.

I-130 = 480

AoS = 88

IV Fee = 230

Green Card fee = 165

Medical is Currently around $300 I believe

Plus travel, requests for birth certificates, etc etc

Yes I just took a look at the official website to cross-reference. I am seeing $480 for I-130 and $590 for I-751. Can you point me to where I can find information on all the other additional fees that you have listed? I didn't realize it was broken down that much as I was just going by the step-by-step guide that talked about the I-130 and I-751.

[NikLR 13,232]

You don't need the I-751 until you remove the conditions of the green card in 2 years (minus 90 days.) The other fees are on the NVC website because they are paid to them not the USCIS. The "new immigrant"/"green card" fee is paid to the USCIS and in one of their news sections. I can link if someone else doesn't when I'm at home on the pc. Also the I-130 is $420.