Just married my Canadian wife on Tourist Visa

[NikLR 13,232]

Sorry, I would like her to eventually move to the US with me permanently.

now or in a year or so?

[kcoyclay1 98]

If you guys are planning on doing AOS, I wouldn't do it while on a tourist visa. They may accuse her of visa fraud. It's ok if she came here with the visa and got married, but to then do AOS, it's a big no no for USCIS. You can definitely submit the I-130 because you are already married. Once you submit that, she should be able to travel to visit you while the process is pending. As long as she doesn't overstay, she would be fine. Also, if she is Canadian she's not here on a tourist visa, is she? I believe Canadians don't need visas to enter the US for tourism purposes.

False information

[kcoyclay1 98]

False information

Not actually false but may be hard to convince IO of the intent.

[CdnRN 40]

So your soon to be wife came from Canada for a visit and now you plan to marry? As long as she didn't lie at her POE, you two can apply to adjust her status (by applying concurrently for I-130, with I-485, I-131 (AP - which will let her visit Canada) and I-765) once you have married. She has no visa because visas aren't required by Canadians.

But if she isn't ready to move just yet, you can apply for a fiancé visa in preparation for when she is ready to move (once she has it, she moves, you two marry within 90 days and then you two apply to adjust her status).

Either way, she will need to stay in the US until she has her EAD/AP combo card.

Clear as mud??

[Boiler 46,215]

They married.

Adjust and stay or go through CR1 and take a year or so. Your call.

[Ian H. 207]

I think it's already been established, that the above is a matter of opinion. Don't take my entire post and label it as false, since it was a suggestion based on previous experience. As already mentioned they can do AOS if they so choose, but they have to be aware of anything they said at POE that can be interpreted as misrespresentation. It's been cleared up that intent alone isn't a cause for concern.

False information

[Boiler 46,215]

I think it's already been established, that the above is a matter of opinion.

Your opinion, which is not helpful to the OP.

[Shanelle 21]

Hi

This is brilliant to have such a website, may help me to get through the craziness of the immigration process. Here's my story.............

I am a crazy Canadian Canuck that fell in love with a "dude" from California and we got married in July. I came back to Canada in order to do the immigration the proper way. We were going to file for the K-3 hoping that it was faster than apply for the green card, however, I have read in two different articles that if the I-130 and I-129 are being processed in the same time frame, that the K-3 would be rejected and I would have to apply for the green card instead, which would take much longer. Ugh!! I looked up on the USCIS website and they are both being processed in 5 months.

So, my husband and I are wondering if we still go ahead and apply for the K-3 and hope it goes through, or, do we apply for the Green Card?

Any one go through this and what did you go for K-3 or Green Card. Generally, how long does it take for the Green Card. I talked to one gal from here and it took her 2.5 years!! OY!!

Appreciate any info folks have to offer.

Thank you!!

[Boiler 46,215]

You are best off starting your own thread.

You can also try the K3 route, I have seen a few reported as being issued, very very unusual.

CR1 takes currently about a year or so.

[Ian H. 207]

That opinion was based on posts I have read on here and from what I have seen. It's up to the OP to decide what is helpful or not in their situation. My only intention was to make the OP aware of the possible issues that may arise from doing AOS after having entered on a tourist visa.

Therefore, as a matter of opinion, which is what it comes down to when you have more than one choice, mine was that the OP go the CR1 route. If he opts for CR6 then at least he would have made an informed decision. Sometimes the fastest or the most convenient way isn't always the best, which is why I reiterate that if the OP decides to go the CR6 route, he and his wife should make sure that what his wife said at POE cannot be used against them by USCIS.

Your opinion, which is not helpful to the OP.

[Ian H. 207]

You can submit it, it doesn't really hurt since it's free and it doesn't add time to your wait. The most you could really lose is some ink, paper, and a priority mail stamp lol. The thing is that if your I-130 is approved first, the K3 path would close out and you would have to do CR1 regardless. The K3 visa was convenient years ago when the processing time was much less than the CR1. It was made with the intention of bringing foreign spouses sooner. Since now it's taking so long to be approved it's not worth it, since again, if the I-130 reaches the NVC before the I-129F, the K3 path will become void.

Here is a link:

http://travel.state.gov/content/visas/english/immigrate/types/family/spouse-citizen.html

Hi

This is brilliant to have such a website, may help me to get through the craziness of the immigration process. Here's my story.............

I am a crazy Canadian Canuck that fell in love with a "dude" from California and we got married in July. I came back to Canada in order to do the immigration the proper way. We were going to file for the K-3 hoping that it was faster than apply for the green card, however, I have read in two different articles that if the I-130 and I-129 are being processed in the same time frame, that the K-3 would be rejected and I would have to apply for the green card instead, which would take much longer. Ugh!! I looked up on the USCIS website and they are both being processed in 5 months.

So, my husband and I are wondering if we still go ahead and apply for the K-3 and hope it goes through, or, do we apply for the Green Card?

Any one go through this and what did you go for K-3 or Green Card. Generally, how long does it take for the Green Card. I talked to one gal from here and it took her 2.5 years!! OY!!

Appreciate any info folks have to offer.

Thank you!!

[keysjangle 145]

If you're already married, best bet is a CR-1 visa. She'll have to be in Canada for (likely) much of the process, but it isn't so terrible. She can visit, but she has to be prepared to show AMPLE evidence that she has "ties" (lease agreement, letter from work stating her departure and arrival dates, etc) back to Canada. Depending on which province she's from, she'll either be doing her interview in Montreal or I think it was Vanouver (can't quite remember, but I'm from Ontario and I went to Montreal) - She obviously has to be in Canada for that, as well as a medical exam in a USCIS approved medical office (those locations are available to look up online). I stayed in Canada during the processing of my visa as I was finishing university, as well as working as much as possible and tying up loose ends before I made the big move. I also just didn't want to take the risk of issues at the border as they would see that I have a pending application. You could visit her as much as you want, keeping in mind you'll be getting important snail mail correspondence from USCIS throughout, and intermittently preparing heaps of paperwork - some of which you may only have access to at home.

If she does AOS (Adjustment of Status), she'll be able to stay in the US but will not be able to leave until she has a greencard, pretty much. AFAIK, AOS doesn't take as long as a CR-1, but it can be an inconvenience. If she has issues to take care of in person back home, family that needs support, anything like that, AOS is not for her.

Check out my timeline for an idea about how things played out time-wise for me, from start to finish.

VJ CR-1 guide: http://www.visajourney.com/content/i130guide1 (Always check the USCIS website for new forms, instructions, fees, etc. Don't take this guide as the alpha and omega.

Look over all the forms and instructions along with the guides to get an idea of what paperwork you'll need. Some stuff we don't usually have on hand: Her long form birth certificate, full + up to date immunization record (for her medical exam), a police background check will be required during the application process eventually - things like that.

I've gone on way too long! It's not hard to do as long as you read, read, read. Follow the instructions and ask questions if you aren't sure.

Edited September 1, 2014 by Gervl

[Boiler 46,215]

If she does AOS (Adjustment of Status), she'll be able to stay in the US but will not be able to leave until she has a greencard, pretty much. AFAIK, AOS doesn't take as long as a CR-1, but it can be an inconvenience. If she has issues to take care of in person back home, family that needs support, anything like that, AOS is not for her.

AP usually comes first, takes 60-90 days.

[KayDeeCee 4,896]

That opinion was based on posts I have read on here and from what I have seen. It's up to the OP to decide what is helpful or not in their situation. My only intention was to make the OP aware of the possible issues that may arise from doing AOS after having entered on a tourist visa.

Therefore, as a matter of opinion, which is what it comes down to when you have more than one choice, mine was that the OP go the CR1 route. If he opts for CR6 then at least he would have made an informed decision. Sometimes the fastest or the most convenient way isn't always the best, which is why I reiterate that if the OP decides to go the CR6 route, he and his wife should make sure that what his wife said at POE cannot be used against them by USCIS.

You started off saying they may accuse her of visa fraud and that adjusting status on a tourist visa was a big no-no for the USCIS. It is not fraud nor a 'no-no'. Your 'opinion' sounded a lot like misinformation that would only serve to scare the OP out of the perfectly legal, viable AOS immigration path.

I have read plenty of posts telling people it is fraud to try and marry and file for AOS while visiting, and that they have to go for a CR-1 or K-1 visa. Lots of posts telling people they must prove they had no intent to stay when they file, etc., etc. That does make those posts accurate either, and basing an opinion off of incorrect information and passing it on is not helpful.

Hmmm, reminds me of posts where people try to scare others out of using AP as well.

[keysjangle 145]

AP usually comes first, takes 60-90 days.

Cheers, thanks. A friend of mine did AOS and she said it was pretty crappy. I didn't even consider it as an option so I never looked into it too deeply!