Adjustment of Status Help Needed

[Canadiaryan 0]

Hi All,

New to site, has been very informative.

I have questions on changing my status through marriage.

I'm a Canadian citizen engaged to an USC. Have also just been made aware of the 6 month rule for Canadians. I currently only have 65 days left.

I'm currently in Canada but am planning a trip down there shortly. Now some sites say to wait 60 days to marry, then some sites say thats not true.

So my question is hypothetical if I were to go down, then we wait 60 days to marry, send in paperwork, with only 5 days left would I be at risk for an overstay? Again some sites say yes and others say no. Now other question is how successful is it to do this. As I would be crossing as a tourist, and know I can't intend on staying there? Want to try to do everything legal. Know of the K1 visa option as well.

Any thoughts or help is appreciated.

[Kiwitopia 0]

I'm a little confused, are you on a visa currently? What do you mean by "65 days left"?

Before becoming engaged to my USC husband and prior to obtaining TN status for work in the US I would come donw to the US and visit for extended periods of time (up to 6 months) before returning to Canada for a couple days then returning to the US to once again stay with him. If you choose the K1 option I believe you have 90 days to MARRY so that is typically an option only if you plan to be married within three months. Perovide a little more info and we may be able to give you more advice.

[Canadiaryan 0]

Hi Kiwitopia,

I'm a Canadian citizen so I don't need a visa, just a valid passport to enter the US. There's a 6 month rule that states a Canadian resident can only be in the US for 182 days a year. Again some sites say I can come back to Canada for awhile and then to reattempt crossing to the US. Haven't been able to find a specific answer to that rule. So that's what I'm afraid of going against by being in the US for longer than 6 months a year.

[Rebecca616 38]

.....but you are intending on staying, that's when immigration fraud comes into play. if you are knowingly coming to the US with your passport, then getting married and attempting to adjust status without going back to Canada to get a marriage visa, its fraud....somebody can correct me if im wrong. I do know that it does happened and people get away with it, but I wouldn't risk it myself.

[NigeriaorBust 4,087]

entering the US without an immigrant visa ( B1/2, vwp or Canadians) with intent to stay is immigration fraud and the max penalty is a lifetime ban from the US. Posting your intent on a site like this monitored by immigration is asking for them to make an example of you .

[Canadiaryan 0]

No I know that, as why I said it was hypothetical. Will be doing everything legally for sure.

[Dave&Roza 748]

Hi All,

New to site, has been very informative.

I have questions on changing my status through marriage.

I'm a Canadian citizen engaged to an USC. Have also just been made aware of the 6 month rule for Canadians. I currently only have 65 days left.

I'm currently in Canada but am planning a trip down there shortly. Now some sites say to wait 60 days to marry, then some sites say thats not true.

So my question is hypothetical if I were to go down, then we wait 60 days to marry, send in paperwork, with only 5 days left would I be at risk for an overstay? Again some sites say yes and others say no. Now other question is how successful is it to do this. As I would be crossing as a tourist, and know I can't intend on staying there? Want to try to do everything legal. Know of the K1 visa option as well.

Any thoughts or help is appreciated.

First, welcome to the forum. Second, to come to the US on a non-immigrant visa like a tourist visa or the VWP with the intent of getting married and filing for AOS inside the US is immigration fraud plain and simple. Yes, you can file for AOS within the US after getting married, but you have to prove that you entered the US for another purpose and that the marriage was a spur of the moment decision AFTER you entered the US. Personally I would love to see the ability of being able to AOS inside the US be removed.

The issue you have is not an over-stay as that is irrelavent when married to a USC, but that your plan is visa fraud. Since you are Canadian and visiting the US is fairly simple, I would go ahead and get married in the US, file for a spousal visa and let that run its course.

Good luck,

Dave

Edited October 22, 2013 by Dave&Roza

[Kiwitopia 0]

Yes, in my case, for example, I came here on TN status for work. Although I had already been dating my USC husband at the time, that was not my reason for coming to the US. I am now able to go through AOS within the states because Officers will look at my case as I came here for TN purposes and then happened to get married (which is the case, we had no intention of staying in the US at the time I obtained my TN status). For you however, I think your best bet is going to be the K1 visa process. Just be sure to keep the 90 day time frame in mind and do not enter the US with intention to stay unmarried for longer than that.

It has been my understanding (as told to me by a US immigartion personnel at a border crossing) Canadian may come to the US for 6 months periods at a time (not 6 motnhs total out of the year). Before gaining TN status I would come visit my then BF now husband for 6 months, return to Canada for 4-5 days to visit family, the return to the US for another 6 month period. I had no problems doing this and again, was told by an immigration officer this is legal.

[angeldaemon13 42]

No I know that, as why I said it was hypothetical. Will be doing everything legally for sure.

if you plan on doing it legally, there should be no hypotheticals.

[carocaro 22]

For huge number of Canadians who own second homes which means spending half the year here every year (there's half a million Canadian owned homes in State of Florida alone! *Snowbirds*!) or take all their vacations here without any type of immigration approval, spontaneous marriages sometimes just happen and we deal with the immigration process from within USA. As long as she never crossed the border with intent to get married, she hasn't done anything wrong. Do some reading on here Canadiaryan.

Caro

[mtlguy 59]

Whatever you do, DO NOT go to the US, get married and attempt to stay there. You WILL be committing immigration fraud.

The correct path is to obtain a K1 visa (apparently it seems you know about it).

It's all about the intention at the time of border crossing. yours is clear. and it will be considered fraud. don't risk it.

as for the 6 months stay in the US: as Canadians we're allowed to stay up to 6 months in a 12 months period.

if you're there for 6 months, coming back to Canada for a couple of days and heading south again, does not reset the clock.

Before my American wife became a Canadian permanent resident, Canada enforced the same rule for American visitors.

6 months in a 12 months period.

hope this helps.