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canuck2468

After marrying a US Citizen, can I stay in the US to live with him

By canuck2468 in General Immigration-Related Discussion

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ValerieA Experienced

ValerieA   350

Posted
Filed: Lift. Cond. (apr) Country: Canada
 Timeline
Posted

I'm from Canada and want to marry my US citizen boyfriend. Once we are married, can I stay with him in the US or do I have to return to Canada while our documents are processed?

Thanks,

Canuck marrying a US Citizen

moved to general immigration as op does not yet have a specific visa in mind.

to answer op's question - intent can be a problem later on down the line. safest bet is to marry and return home and do the visa paperwork rather than risk a denial later on.

charles!, the OP asked a specific question - can I remain with my spouse in the US? Ergo, they are asking about AOS from a tourist et al visa - as long as they really are in the US right now. They aren't asking about a visa at all. You know where this conversation belongs. tongue.pngheadbonk.gif

Post on Adjudicators's Field Manual re: AOS and Intent: My link
Wedding Date: 06/14/2009
POE at Pearson Airport - for a visit, did not intend to stay - 10/09/2009
Found VisaJourney and created an account - 10/19/2009

I-130 (approved as part of the CR-1 process):
Sent 10/01/2009
NOA1 10/07/2009
NOA2 02/10/2010

AOS:
NOA 05/14/2010
Interview - approved! 07/29/10 need to send in completed I-693 (doctor missed answering a couple of questions) - sent back same day
Green card received 08/20/10

ROC:
Sent 06/01/2012
Approved 02/27/2013

Green card received 05/08/2013

ValerieA Experienced

ValerieA   350

Posted
Filed: Lift. Cond. (apr) Country: Canada
 Timeline
Posted (edited)

Darn thing posted twice.

Edited by ValerieA

Post on Adjudicators's Field Manual re: AOS and Intent: My link
Wedding Date: 06/14/2009
POE at Pearson Airport - for a visit, did not intend to stay - 10/09/2009
Found VisaJourney and created an account - 10/19/2009

I-130 (approved as part of the CR-1 process):
Sent 10/01/2009
NOA1 10/07/2009
NOA2 02/10/2010

AOS:
NOA 05/14/2010
Interview - approved! 07/29/10 need to send in completed I-693 (doctor missed answering a couple of questions) - sent back same day
Green card received 08/20/10

ROC:
Sent 06/01/2012
Approved 02/27/2013

Green card received 05/08/2013

NikLR Grand Master

NikLR   13,232

Posted
Filed: Lift. Cond. (apr) Country: Canada
 Timeline
Posted

If they are in the USA right now, yes. If they are not, no.

I took it as "once we are married can I stay" as in they aren't married yet, she isn't there yet. But it can be taken both ways so clarification from the OP would be prudent.

You have brains in your head. You have feet in your shoes. You can steer yourself any direction you choose.  - Dr. Seuss

 

Ketsuban Experienced

Ketsuban   1,034

Posted
Filed: Citizen (pnd) Country: United Kingdom
 Timeline
Posted
I knew that marrying in the US was not Visa fraud if it was not planned and I returned back to Canada.

Marrying in the US is legal whether planned or unplanned, as long as you return home before your passport stamp expires. Adjusting status after getting married is illegal if that was your intention when you entered the country as a visitor.

Adjusting status after getting married is only legal if it wasn't your intention to do so when you entered the country. You might need to prove it wasn't your intention, and if the interviewing officer doesn't believe you, he has the power to initiate removal proceedings and if he feels extra Hitler-esque, can slap a ban on you too. But in reality, most people do get away with it. Personally, I didn't want to gamble and just went home to do the CR-1. It's taking a while to get everything together, but it will be worth it in the end.

ROC from CR-1 visa (Green Card expiration date was Nov 24th 2016)

 

Link to the evidence I submitted. Be sure to send evidence spanning your entire marriage (especially for K-1) or as far back as you can. Just one or two bank statements will not cut it. I primarily focused on the two years of living here since I came in on a CR-1. If you don't have the fundamentals (i.e. joint accounts/policies), you can explain why in the covering letter. E.g. "While we do not have joint utilities, we both contribute to them from our joint bank account".

 

September 26th 2016: I-751 package sent to CSC

September 28th 2016: Package delivered
September 30th 2016: Check cashed
October 3rd 2016: NOA1 received with receipt date of 09/28/16
November 3rd 2016: Biometrics received with appointment date of 11/14/16.
November 14th 2016: Attended biometrics appointment
October 30th 2017: Infopass appointment to get I-551 stamp
February 26th 2018: I-751 case number (aka the NOA1 receipt number) becomes trackable
March 14th 2018: Submitted service request due to being outside of processing time.

March 15th 2018: ROC approved. 535 days (1 year, 5 months and 17 days)

March 29th 2018: Card being produced

April 4th 2018: Card mailed out

April 6th 2018: Card in hand. Has incorrect "resident since" date. Submitted service request on I-751 case (typographical error on permanent resident card) and an I-90 online.

April 2018 - August 7th 2018: Tons of service requests, emails and now senator involvement to get my corrected green card back because what the heck, USCIS. Also some time in May I sent a letter to Potomac telling them I want to withdraw my I-90 since CSC were handling it.

August 8th 2018: Card in production thanks to the direct involvement of Senator Sherrod Brown's team

August 13th 2018: Card mailed

August 15th 2018: Card in hand with correct date. :joy:

October 31st 2018: Potomac sends out a notice stating they have closed out my I-90 per my request. Yay for no duplicate card drama.

ValerieA Experienced

ValerieA   350

Posted
Filed: Lift. Cond. (apr) Country: Canada
 Timeline
Posted

Marrying in the US is legal whether planned or unplanned, as long as you return home before your passport stamp expires. Adjusting status after getting married is illegal if that was your intention when you entered the country as a visitor.

Adjusting status after getting married is only legal if it wasn't your intention to do so when you entered the country. You might need to prove it wasn't your intention, and if the interviewing officer doesn't believe you, he has the power to initiate removal proceedings and if he feels extra Hitler-esque, can slap a ban on you too. But in reality, most people do get away with it. Personally, I didn't want to gamble and just went home to do the CR-1. It's taking a while to get everything together, but it will be worth it in the end.

Close. Intent can not be used as a reason to deny, there is a paragraph in the field adjudicator's manual on it. And it's not "getting away with it". AOSing from a tourist visa is perfectly legal, as you said in your third sentence.

Post on Adjudicators's Field Manual re: AOS and Intent: My link
Wedding Date: 06/14/2009
POE at Pearson Airport - for a visit, did not intend to stay - 10/09/2009
Found VisaJourney and created an account - 10/19/2009

I-130 (approved as part of the CR-1 process):
Sent 10/01/2009
NOA1 10/07/2009
NOA2 02/10/2010

AOS:
NOA 05/14/2010
Interview - approved! 07/29/10 need to send in completed I-693 (doctor missed answering a couple of questions) - sent back same day
Green card received 08/20/10

ROC:
Sent 06/01/2012
Approved 02/27/2013

Green card received 05/08/2013

I AM NOT THAT GUY Grand Master

I AM NOT THAT GUY   5,715

Posted
Filed: Timeline
Posted

moved to general immigration as op does not yet have a specific visa in mind.

to answer op's question - intent can be a problem later on down the line. safest bet is to marry and return home and do the visa paperwork rather than risk a denial later on.

I-130 and I-485 filed concurrently, along with I-765.

ValerieA Experienced

ValerieA   350

Posted
Filed: Lift. Cond. (apr) Country: Canada
 Timeline
Posted

If they are in the USA right now, yes. If they are not, no.

I took it as "once we are married can I stay" as in they aren't married yet, she isn't there yet. But it can be taken both ways so clarification from the OP would be prudent.

Exactly. It is unclear where they are right now, and our advice somewhat depends on that.

Post on Adjudicators's Field Manual re: AOS and Intent: My link
Wedding Date: 06/14/2009
POE at Pearson Airport - for a visit, did not intend to stay - 10/09/2009
Found VisaJourney and created an account - 10/19/2009

I-130 (approved as part of the CR-1 process):
Sent 10/01/2009
NOA1 10/07/2009
NOA2 02/10/2010

AOS:
NOA 05/14/2010
Interview - approved! 07/29/10 need to send in completed I-693 (doctor missed answering a couple of questions) - sent back same day
Green card received 08/20/10

ROC:
Sent 06/01/2012
Approved 02/27/2013

Green card received 05/08/2013

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