Citizenship change for B2 visaholder while marrying US citizen

[American4ever 0]

Hello - I am a Canadian permanent resident (PR) planning to get married to my US fiance next spring. Currently, I received the notice to appear to write the Canadian citizenship test.

I wanted to know the benefits of becoming Canadian while filling for concurrent I-130, I-485, I-765, I-131? Does USCIS treat us, the beneficiaries, differently based on our citizenship?

Let's say we go ahead with the concurrent filing process now with my Canadian PR status. Later, I can come back to Canada on AP and take an oath. Would this affect our application if I inform USCIS of my new citizenship?

Thanks in advance for your valuable inputs!

[canadian_wife 1,829]

I wanted to know the benefits of becoming Canadian while filling for concurrent I-130, I-485, I-765, I-131? Does USCIS treat us, the beneficiaries, differently based on our citizenship?

Canadians do not get special treatment. Although, your original citizenship may come into play, citizens of some countries require additional background checks regardless of newly acquired citizenship

good luck

[Ian H. 207]

I don't think becoming a Canadian citizen would have a negative effect on your US side of the equation, but you may want to find out about the Canadian side of things. If you will become a Canadian citizen I would assume that certain residency requirements have to be met and you have to make sure that you don't violate those requirements.

For example, as you may know here in the US you have to maintain your LPR status in order to become a USC and moving to another country would cause you to lose that status. I'm not sure, but I would assume that Canada may have similar requirements for their LPR's and you want to make sure that you don't risk that status by moving to the US.

If moving to the US would result in violating your Canadian LPR status or path to Canadian citizenship, then you may want to hold off on the US paperwork until you officially naturalize as a Canadian citizen.

Edited December 3, 2014 by Ian H.

[Pitaya 2,577]

~Moved from Fam.-based AOS to WST-based AOS Forum~

~Adjusting from visitor visa~

Edited December 3, 2014 by A&B

[MacUK 983]

Are you in the US right now?

[American4ever 0]

@ canadian_wife: Thank you! I have lived in Toronto for last 12 years since age of 18, first studied now working. I think i have more economical and social bonds with Canada than what i have with my home country. Do you know how many years of background USCIS will look into?

@ Ian H.: Thank you! Yes you are right. I am still eligible to be Canadian PR as long as I am physically present in Canada for 2 years out of the last 5 years. I consider getting the Canadian passport and the whole process would take about 3-4 months from now. My concern is as I will file AOS from B2 to inland spouse of the US citizen, I am still have to go through the same treatment as others, so is it worth of waiting for other 3-4 months to get Canadian citizenship knowing that I am to live in the States with my husband for good ...

@ MacUK: No, I am not but I am going to.

@ A&B: Thank you for moving my thread to a right group.

Edited December 4, 2014 by American4ever

[MacUK 983]

@ canadian_wife: Thank you! I have lived in Toronto for last 12 years since age of 18, first studied now working. I think i have more economical and social bonds with Canada than what i have with my home country. Do you know how many years of background USCIS will look into?

@ Ian H.: Thank you! Yes you are right. I am still eligible to be Canadian PR as long as I am physically present in Canada for 2 years out of the last 5 years. I consider getting the Canadian passport and the whole process would take about 3-4 months from now. My concern is as I will file AOS from B2 to inland spouse of the US citizen, I am still have to go through the same treatment as others, so is it worth of waiting for other 3-4 months to get Canadian citizenship knowing that I am to live in the States with my husband for good ...

@ MacUK: No, I am not but I am going to.

@ A&B: Thank you for moving my thread to a right group.

If you are not in the US right now then you can't adjust status.

Going to the States using a tourist visa with the intent to immigrate is visa fraud.

[NikLR 13,232]

Okay you know you can't intentionally move to the USA to adjust your status without having a visa first right? It's illegal to lie to the CBP and it's visa fraud.

[canadian_wife 1,829]

What country are you from originally?

Yes, they look at your FULL background.

DO NOT go to the US without a proper immigrant visa, doing so (as in arriving as a tourist) with intentions of immigrating is visa fraud

good luck

[American4ever 0]

Thank you all for your constructive feedback. We have heard about the preconceived intent to marry and adjust status.

This is sad as we are expecting our twins next summer and being with him during my pregnancy is such an enormous emotional support for me.

BTW, I am on Mongolian passport.

Edited December 5, 2014 by American4ever

[nesta37 3]

Go for a fiancee visa - it is faster if you get the right service center. I origally started this process from canada and my papers got as NOA2 1 month after sending them out - it was the california service center - you will have to go to montreal for interview - but I think this will be your quickest route. but you won't be together though.

[American4ever 0]

Thanks nesta37, we are reconsidering with the a fiancee visa. Do you know the ETA from the time sending in the submission to the time getting the visa?