Help-Married a US citizen while visiting

[Ian H. 207]

1. The AOS process can vary depending on the office. This is NYC so it may take a while. I've seen people in this forum approved in as little as 2 months others up to and over a year.

2. You cannot apply for a K1 visa. You are already legally married and this process is strictly for fiances who will enter the US to get married. You can stay up until the end of your stay and go the CR1 route by submitting the I-130.

This will allow you to return to Canada at the end of your stay and apply for the immigrant visa over there. This process can take about a year for most people. You are able to travel back to the US to visit while it's pending, but once you are married to a USC and have a pending petition, you will need to have proof that you will return home at the end of your stay.

It really is up to both of you and your particular circumstances what path to take, you can stay and do AOS or you can leave and apply for the CR1 visa abroad. Here is a comparison:

http://www.visajourney.com/content/compare

[imajin99 1]

Sorry I meant to say K3 Visa instead of K1 Visa.

I don't seem to understand the difference between the K3 Visa for a spouse and the CR1 Visa for a spouse.....

[Darnell 8,479]

well, let me ask you this - do you need to get back to Canada soon?

if'n you want to cross the border this week,

I say file for a visa.

if you want to stay in the usa and get a green card, file for adjustment of status, instead. You've one shot at this, lost if you cross the border before receiving green card.

I know you have some issues to tend to back in Canada - usually Canadiens not have problems crossing the border even when a visa is being chased (a 10 to 13 month process)

[imajin99 1]

Hi! No I have 6 months off and can stay here for another 5.5 months. However I will need to get back to canada for a few months after that time frame. From my new understanding, as long as my AOS has been approved. I can travel back and forth even if my CR1 will take up to a year.

[Ian H. 207]

Your AOS being approved is your CR1, although it's CR6 when you do AOS. It's essentially the same category. Conditional resident spouse of a USC. When your AOS is approved that is when you become an LPR. You would receive a green card with the CR6 category on it. Assuming that you file for AOS soon, you should receive the EAD/AP document in at most 3 months. You cannot travel before you have this. Also keep in mind that you will have to be present for the interview and biometrics.

Edited September 25, 2014 by Ian H.

[NikLR 13,231]

Hi! No I have 6 months off and can stay here for another 5.5 months. However I will need to get back to canada for a few months after that time frame. From my new understanding, as long as my AOS has been approved. I can travel back and forth even if my CR1 will take up to a year.

Okay you are confused.

You are either AOSing (adjusting your status) OR chasing a CR1 visa. It's not both.

If you choose to chase a CR1 visa you follow this guide: This wiki will also provide a basic overview. http://www.visajourney.com/wiki/index.php/EZGuideSpouse With the CR1 you must return to Canada before you've been in the USA for 180 days, or whatever date is stamped on your passport if it was stamped. You must go through National Visa Center processing. You must complete a medical in Canada and interview in Montreal. After an approved interview your passport will be returned with a visa and you can officially move to the USA. You can collect EI after you move because you will be allowed to work right away if you choose.

OR

You can choose to adjust your status (AOS.) Follow the guide here: http://www.visajourney.com/forums/index.php?autocom=custom&page=i130guide2 With AOS you CANNOT leave the USA until you, at the very least, have your Advance Parole. If you do then your adjustment of status will be considered abandoned. Any overstay will be forgiven but if you have overstay, then do not leave on the AP card, wait for the green card. You only use the AP card to temporarily leave the USA, because your medical and interview will take place in the USA. So you will not be returning to Canada for a few months until the process is over. With this method you do not have to return to Canada for anything until after you get the green card. You can quit your job and collect EI within the USA after obtaining your work authorization (EAD.)

If you want live with your spouse in the USA from this point forward, then I suggest going the AOS route. It takes about 90 days to get the AP card.

[NikLR 13,231]

Ian please stop calling the AOS a CR1. It is not a CR1. The CR1 is a visa. CR6 is the adjustment of status. The person is either trying to obtain a visa or trying to adjust their status. They are NOT the same and I believe you are confusing the OP.

[imajin99 1]

Thanks NLR, I think I got it. Ian was not confusing me he was showing me the two different routes I have available depending on whether I decided to stay or return back to Canada in the next few weeks and that is when I would use the CR1 route. We had communicated via email messages and I had provided him with additional information. This has been so helpful and I will discuss this with my spouse. I think the simiplest thing for me now would be to go ahead and apply for AOS now and sit and wait it out for the next few months. I am lucky to have flexibility with my job and a supportive manager that will allow me to take some leave without pay while I wait unitl the green card. I hope all this does not take longer than 6-8 months but only time will tell.

Thanks everyone!

[Ian H. 207]

I wasn't calling the AOS a CR1, and I clearly put in my previous post that the AOS is CR6. I am perfectly aware that the CR1 is a visa, which I explained to the OP when she asked by message. As the OP informed you, I wasn't confusing her because I was explaining the options available to her.

Ian please stop calling the AOS a CR1. It is not a CR1. The CR1 is a visa. CR6 is the adjustment of status. The person is either trying to obtain a visa or trying to adjust their status. They are NOT the same and I believe you are confusing the OP.

[carocaro 22]

It took me from paperwork in August to having green card in hand in December before I could leave the country. That was 2010.

Edited September 25, 2014 by carocaro

[imajin99 1]

It took me from paperwork in August to having green card in hand in December before I could leave the country. That was 2010.

Thank-you, that time-frame is great and will be curious to know if it is similiar to that at this time.

[Ian H. 207]

Select the NYC field office since you are here in NY. You can check the processing times here:

https://egov.uscis.gov/cris/processTimesDisplayInit.do

According to that, they are processing AOS applications from back in January of this year. Please note that this is the time frame for the AOS application, not the EAD/AP. Even though it may take a while to get AOS approved, your EAD/AP is processed elsewhere and takes up to 3 months.

[KayDeeCee 4,894]

I wasn't calling the AOS a CR1, and I clearly put in my previous post that the AOS is CR6. I am perfectly aware that the CR1 is a visa, which I explained to the OP when she asked by message. As the OP informed you, I wasn't confusing her because I was explaining the options available to her.

"Yes, CR1 is the path you are taking."

"Your AOS being approved is your CR1.."

Those statements were confusing. No visa involved in the process. No CR1(the code used for someone that was married less than 2 years and receives their permanent residency based on entrance to the US with a spousal visa), even if you add 'Although, when you adjust status in the US, it's CR6'. The CR6 code that will appear on their green card is for a spouse of a USC that has been married less than 2 years at the time the adjustment of status is approved. I think wording it the way you did in those 2 instances was confusing to the OP and anyone else that might be reading it looking for how to adjust from a tourist visa.

[imajin99 1]

Select the NYC field office since you are here in NY. You can check the processing times here:

https://egov.uscis.gov/cris/processTimesDisplayInit.do

According to that, they are processing AOS applications from back in January of this year. Please note that this is the time frame for the AOS application, not the EAD/AP. Even though it may take a while to get AOS approved, your EAD/AP is processed elsewhere and takes up to 3 months.

Once the EAD/AP is processed, I could go back and forth from US to Canada?

[Ian H. 207]

I understand what you mean, but you took both of those instances out of context. Me and the OP were going over her options back and forth from the thread and private message, so when I answered I was indeed referring to applying for a visa, she was considering the K3 and the CR1.

"Yes, CR1 is the path you are taking."

"Your AOS being approved is your CR1.."

Those statements were confusing. No visa involved in the process. No CR1(the code used for someone that was married less than 2 years and receives their permanent residency based on entrance to the US with a spousal visa), even if you add 'Although, when you adjust status in the US, it's CR6'. The CR6 code that will appear on their green card is for a spouse of a USC that has been married less than 2 years at the time the adjustment of status is approved. I think wording it the way you did in those 2 instances was confusing to the OP and anyone else that might be reading it looking for how to adjust from a tourist visa.

You can travel back and forth with the AP, it's valid for multiple entries. What I don't know is if there is a limit to how long you can stay outside the US with AP.

Once the EAD/AP is processed, I could go back and forth from US to Canada?