which visa to pursue

[happylife 0]

I am married to a us citizen for over 2 yrs. We have been doing the paperwork to come canada but just found out it isnt possible. I am visiting now in the usa and want to know what would be the best visa to pursue to come to usa.

[NikLR 13,232]

Did you intend to stay in the USA when you came to visit? Do you want to just stay in the USA or do you have to go back to Canada?

If you did not intend to stay in the USA and would like to just stay: http://www.visajourney.com/content/i130guide2

If you need to go back to Canada: http://www.visajourney.com/content/i130guide1

[happylife 0]

No, I did not intend to immigrate but how do you prove that? Is it hard? I do not have to go back to canada...well until my 180 days are up. Can the Ir1 be filed while I am still in the usa and then go to canada to wait it out?

[Darnell 8,479]

Cool ! You have choices now. Two, in fact. Well, three, if you want to add in a TN-1.

[happylife 0]

TN 1 is not an option.

[Darnell 8,479]

ok dokie - then there's two options for you.

A Kind Poster gave you two links - read them, soonish, aye?

Go Get Em, and Good Luck !

[NikLR 13,232]

You can adjust your status - stay in the USA until you have your green card

Or

You can chase an IR1 visa - return to canada and move to the USA after visa approval

[happylife 0]

Adjustment of status would be nice but is it hard to prove that your intent was not to immigrate. I will readtbru that whole section. We have all the paperwork done for canada but due to an old ...very old dui, it is a huge hassle to continue that path.

[happylife 0]

Could I start the IR1 while still in the usa and then complete in canada or do you I have to be in canada to start the process?

[Flames9_RN 358]

u can start the IR-1 process right now! (while in the uSA)

[NikLR 13,232]

Adjustment of status would be nice but is it hard to prove that your intent was not to immigrate. I will readtbru that whole section. We have all the paperwork done for canada but due to an old ...very old dui, it is a huge hassle to continue that path.

They have to prove that you were intending not you prove that you weren't.

Most of the time it's not a problem, but as you've been married several years, I agree, might be more of an issue, but you can prove (if you kept photocopies) of trying to move in the opposite direction.

Anyhow, start your IR1 journey ASAP if you want to go that way (you do not have to return to Canada before starting the paperwork), then spend as much time as possible in the US with your hubs. I agree with Flames.

[Flames9_RN 358]

And the next question people ask----can I visit while the process is ongoing?? lol And the simple answer is YES---many of us did and had no problems. Ensure u have proff of ties to Canada with you and tell the truth (my 2 cents is down below in my signature) and yes some do get denied entry but thats mostly because they had no ties to canada with them. But of course there is no gaurnatee you will gain entry, but normally it is not a problem. But since ur in the USA now, stay as long as you can and get cracking on the paperwork

Dont forget near the top of VJ are examples of already filled out forms. Paperwork is normally the easy part--it is the waiting that can drive you crazy!!!