Just married my Canadian wife on Tourist Visa

[CdnRN 40]

Gervl - I suppose everyone has different experiences. AOS means Obtaining AP and EAD (as a combo card - if applied for at no cost) within 90 days and the stats here say the # days to interview average is 131 days (vs 394 days for IR/CR), which means if it works for someone's situation, great. I've had a relatively painless AOS experience, myself.

[keysjangle 145]

My main issue with it at the time was that I was in school when I got married, right before my last semester before graduating, so I couldn't be bound in the US yaknow? I also had ailing grandparents, and I didn't want to run into the issue of not being able to see them if things took a turn for the worst. That would have been a nightmare

In general though, I wouldn't think many people are prepared to abandon their home for ~90 days after getting married if they don't have this all planned ahead of time.

[MacUK 983]

In general though, I wouldn't think many people are prepared to abandon their home for ~90 days after getting married if they don't have this all planned ahead of time.

You'd be surprised!

[kcoyclay1 98]

She may adjust without problems. See information below from USCIS. Note the topic about how to adjust in the US when you marry your fiancé who is here on a different visa.

http://www.uscis.gov/sites/default/files/USCIS/Resources/A2en.pdf

Edited September 1, 2014 by kcoyclay1

[kcoyclay1 98]

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!!

You are married which makes you an immediate relative. File as one and use I-130. You cannot choose to be in another category. Immediate relative of citizens do not have to wait on a visa number. However, if you are in another country your process takes about a year. If you're adjusting in the US, it takes about 6 months. My married son's entire case took 9 weeks from start to finish. Mine took 92 days. It all depends on the workflow in the local office.

http://www.uscis.gov/sites/default/files/USCIS/Resources/A2en.pdf

Edited September 1, 2014 by kcoyclay1

[ValerieA 350]

OP, my 2c - if your spouse has no reason to be back in Canada for about 90 days (the time it takes to get AP) it is WAY faster to AOS, and it is perfectly legitimate. Also saves you traveling back and forth, and living separately for the year a CR-1 would take.

Ignore the fearmongers on here; AOS is perfectly legal, easy, fast, and ideally suited for your situation. USCIS only cares that you have a bonafide marriage, which is easy to prove if you do have one!

[jay2_619 0]

OP, my 2c - if your spouse has no reason to be back in Canada for about 90 days (the time it takes to get AP) it is WAY faster to AOS, and it is perfectly legitimate. Also saves you traveling back and forth, and living separately for the year a CR-1 would take.

Ignore the fearmongers on here; AOS is perfectly legal, easy, fast, and ideally suited for your situation. USCIS only cares that you have a bonafide marriage, which is easy to prove if you do have one!

Thank you Valerie and everyone for the overwhelming replies.

[jay2_619 0]

Update: It's been quite a journey and I cant express how thankful I am to come across many helpful people on this forum. Here is an update of my timeline.

08/29/2014 - Married Canadian wife on Tourist Visa

10/01/2014 - Fedex I-130, I-485, I-693, I-864, I-765, G-325A

10/03/2014 - Signed for by: D.NESBIT in Chicago Lockbox

10/21/2014 - NOAs received for forms above

10/22/2014 - Check cashed by Homeland Security

10/31/2014 - NOA Biometric appointment

11/10/2014 - Biometrics - in and out 10 minutes

12/12/2014 - I-131, Application for USCIS Travel Document approved

12/11/2014 - I-765, Application of Employment Authorization Card received

12/30/2014 - Social Security Card received

02/28/2015 - NOA Initial Interview appointment in Santa Ana, CA @ 1:15PM

04/01/2015 - Interview about 1 hour. She is approved!

04/06/2015 - NOA Permanent residence approval.

My wife should receive her permanent resident card by June 1, 2015.

What we have learned from the interview:

- First thing interviewer asked us to turn off our cell phones in front of him. We couldn't show the pictures of us is stored.

- Bring many photos together. Pictures of you two on trips will help. Also with many friends and family. I recommend at least 15 photos. They will keep these photos.

- If you were born outside the USA after 1990 then later become a USC in the USA, you will need to show proof of Naturalization/GC. I was born outside of the US (father was in the US Navy) way before 1990 and both my parents are USC. Interviewer kept questioning me about my citizenship and for some reason he told me my US Passport wasn't enough evidence to prove I am a USC.

- If you have an expired passport and came to the USA with your new one, should bring your old one well. Can make a copy of your passport but they will make a copy of themselves to ensure nothing is tampered.

- Make copies of everything! Any shared accounts, phones, banks, cars, car insurance, health insurance, lease agreement, beneficiary, etc for the interviewer to keep.

- Make copies of tax forms for the last 3 years. Interviewer asked if my income was steady.

- My wife never had her passport stamped when entering into the USA from Canada. This also happened a few times when we visited each other (me going to Canada, or her coming to the US). Her friend drove her from Vancouver to Bellingham, Washington (40 mins) because it's cheaper to fly within the USA to Orange County, California. Interviewer kept questioning why there is no passport stamp. After a few minutes, he decides to confirm on his computer. He asked for the date upon entry to the US and airline she flew from Bellingham to Santa Ana.

Although she did get approved for her I-131 Travel Document, we have never received it. We wanted to visit her family in Canada over the holidays but we will now next month!

Again thank you everyone and a special thank you to kcoyclay1 for guiding me through this smooth sailing visa journey.

[Boiler 46,215]

Any mention of immigrant intent when entering as a tourist?

[jay2_619 0]

Any mention of immigrant intent when entering as a tourist?

She normally comes to visit me monthly (sometimes I would go visit her) for the past 3 years and we just told him we just decided to get married after a few days so we can be together. He had a awkward look on his face and said, "Just like that?"

Our reply, "Yes, Just like that."

[ValerieA 350]

Congratulations! But wow, it took 6 months? Is Santa Ana a higher volume location? Glad you made it through without a hitch.

[jay2_619 0]

Congratulations! But wow, it took 6 months? Is Santa Ana a higher volume location? Glad you made it through without a hitch.

We were a little worried about 5 months in but we didn't think too much about it. Just living our normal lives and her landing a job kept both of us busy. Not sure if Santa Ana has higher volume although there were many people in the waiting room for their interview when we arrived at USCIS. We waited about 45 minutes from appointment time to call us in.

And thank you ValerieA for your help as well!