Engaged to a canadian citizen, but she's currently visiting

[Reba 2]

As for the Canadians allowed to visit the US up to 6 months, its either 6 months per visit, or 6 months per year. so if you get to the US in November, and stay across the New Year, it does not start the clock over, you'd have to leave the US in April. Unless she's already had other visits thru the previous year, then that must also be counted. So if she'd been for a visit in the summer for a month, she'd ony have 5 months on this visit. Generally speaking the rule is 6 months in, 6 months out. You can't stay for 6 months, go back to Canada for a day or 2 then hop back across the border for another 6 months.

Might as well get married and stay to adjust. The only question that may come up is did she drop everything in Canada in order to come stay with you? Did she quit her job, sell all her possessions and break her lease empty her bank accounts etc? If so, this shows intent to immigrate when she entered the country. If not, she should be good to go.

A point to mention is that if she stays to adjust status now, she's pretty much stuck in the US until her green card is in hand. She won't be able to go back home to visit family for quite a while. Not for weddings, not funerals, not if her sister gives birth to quintuplets. If she can live with that, go for it. AFAIK, getting AP (advance parole travel permission) for someone who got married and decided to stay to adjust from a tourist status is not usually granted. I could be wrong, but she may want to look into that.

[Killer_Clown_2009 0]

Once married, you can file a concurrent petition for alien relative and AOS application.

Check out the guide for further information:

http://www.visajourney.com/forums/index.ph...page=i130guide2

[zyggy 9]

As for the Canadians allowed to visit the US up to 6 months, its either 6 months per visit, or 6 months per year. so if you get to the US in November, and stay across the New Year, it does not start the clock over, you'd have to leave the US in April. Unless she's already had other visits thru the previous year, then that must also be counted. So if she'd been for a visit in the summer for a month, she'd ony have 5 months on this visit. Generally speaking the rule is 6 months in, 6 months out. You can't stay for 6 months, go back to Canada for a day or 2 then hop back across the border for another 6 months.

Might as well get married and stay to adjust. The only question that may come up is did she drop everything in Canada in order to come stay with you? Did she quit her job, sell all her possessions and break her lease empty her bank accounts etc? If so, this shows intent to immigrate when she entered the country. If not, she should be good to go.

A point to mention is that if she stays to adjust status now, she's pretty much stuck in the US until her green card is in hand. She won't be able to go back home to visit family for quite a while. Not for weddings, not funerals, not if her sister gives birth to quintuplets. If she can live with that, go for it. AFAIK, getting AP (advance parole travel permission) for someone who got married and decided to stay to adjust from a tourist status is not usually granted. I could be wrong, but she may want to look into that.

I'ts granted.. but it's not a good idea to leave the US due to the legal ramifications associated with being a parollee (no appeal, required detention, etc.) and the potential risks in denial by entering with visitor status and subsequently adjusting..

Edited December 9, 2006 by zyggy

[Killer_Clown_2009 0]

Ap is granted to people who stayed in the US and adjusted from a tourist visa. The issue that can happen is that if they overstayed their I-94 deparature date by 6 months or a year, a person can be barred from reentering the US for 3/10 years, if they use the AP while pending a green card.

In the case of a Canadian who was NOT given an I-94 or definate departure date (or violated their status in other ways, such as working or being told to leave by immigration and not leaving), then no bar is applied even if they stayed more than 6 months past the 6 months allowed to Canadians.

How do I know this? I consulted a lawyer about my own situation, and then I did some searching in the immigration laws and found the section regarding overstays and bars on the USCIS website to verify the information.

[Reba 2]

I'ts granted.. but it's not a good idea to leave the US due to the legal ramifications associated with being a parollee (no appeal, required detention, etc.) and the potential risks in denial by entering with visitor status and subsequently adjusting..

No offence but I'd take the word of the guy who's done the job over the lawyer any day!

Thanks zyg for clearning that up. I know of more than one person from Canada who came and got married and adjusted and were stuck here for 2 years or more waiting on their green card. One of them lived right across the border and could *see* home, but she couldn't visit. That's gotta be frustrating.

Processing times are quicker these days, but it still takes a while.

[antda 13]

Hi Ezekial3,

Good luck on your immigration journey. From personal experience, arriving in the USA on a visitor's visa from Canada, getting married, and then applying for an AOS is legal to do. This is provided if they DID NOT come into the USA with the intention of immigration fraud by getting married here in the USA. The AOS this way worked for me (as I got my AOS approved/Green Card), but I can't say that it will work for everyone else, as every situation is different. My best advice to your and to anyone else who want to go through this route: Get your story straight, your paperwork organized and hire a good immigration lawyer.

Hope this helps. If not, then I hope it offers an insight as to another " non-traditional immigration alternative"...

Ant

Hey all, I want to marry a foreign woman here on a visiting visa which expires at the end of 90 days... I don't want her to have to leave the country so we can get started on our new life together with the quickness.... can i marry her here and then file for a Application of STatus change or how does this process work? Will she have to leave the country if we get married in cali or vegas let's say? Any help and insight would be appreciated. This is/was a last minute/spontaneous/random decision that we came to and her 90 day period is almost over so we need to get this process started asap. Any help is greatly appreciated. Thanks!!

Regards,

ezekial