What option is best for me?

[loveamerica99 4]

Hi everyone,

I would like to begin the process of immigrating to the US from Canada.

I understand the immigration process somewhat but I do not know which visa option would be best for my situation.

Basically I don't know if I want to acquire a visitor visa, working visa, or marriage visa.

Currently I am visiting and have been here for almost two months. I met a man who lives here and we do plan to get married. Further, my (Canadian) parents live here and have permanent residency/dual citizenship. I am 28 years old and apparently they cannot sponsor me for citizenship because I am over 18.

I've already managed to move all my stuff down here and am ready to start over.

I know the immigration process takes a long time, but I'm wondering what I can do, if anything, to ensure I don't get sent back to Canada in 4 months. I don't have the funds to go back, nor a job, nor a place to live. Down here I am very well taken care of and to leave would be devastating for me.

Is there a way for me to do this without having to return? What would be the easiest way for me... would it be to get married (I can do this ASAP if I want to) or to get a job offer (I can also do this ASAP) ... or else apply for some type of visitor visa?

What are the consequences of staying longer than the 6 months they allow me to visit? I do not intend to break the law, I realize that will not help my case. But I refuse to go back. There must be a way.

Any suggestions would be appreciated. My bf is intent that it will work out but I don't think he realizes what a process this is. He said he had a friend who came from Russia and got a job working as a clown and was allowed to stay permanently. I don't understand how that's even possible. Can someone enlighten me?

Thanks in advance.

[Pitaya 2,577]

~Moved from General Immigration-Related Discussion to What Visa Do I Need Forum~

~Inquiry about family visas~

[tasakchy 9]

Your parents can petition for you under the F1 category, unmarried children over 21of USC, but that would take about 8 years given the current priority date. If your parents are permanent residents then it would be F2B category and about the same time.

If you get married, your spouse can file an I-130 and if he is a USC, then you can concurrently file an I-485 in order to adjust your status.

Edited July 23, 2015 by tasakchy

[loveamerica99 4]

^Thank you and apologies.

[redbeard 22]

Adjust status, assuming you did not have immigrant intent when you initially came. If that is the case, get married ASAP and file for AOS. DO NOT go home if you go that route.

[loveamerica99 4]

Your parents can petition for you under the F1 category, unmarried children over 21of USC, but that would take about 8 years given the current priority date.

If you get married, your spouse can file an I-130 and if he is a USC, then you can concurrently file an I-485 in order to adjust your status.

8 years... geesh.

marriage is the ideal choice for me. would I be able to stay here in the US or would I have to wait in Canada during the approval process?

[tasakchy 9]

You can stay in the US and just adjust your status if your spouse is a USC since visa numbers are current. No need to leave the country.

You don't even need to wait for the I-130 to get approved. Just file the I-130 and the I-485 together.

Edited July 23, 2015 by tasakchy

[Transborderwife 4,666]

For a work visa do you need special training/skills. Do you have anything that may qualify you for a TN or h1b visa? Research the professions.

Getting married, staying and adjusting status looks like your only option if you do not have the above.

[loveamerica99 4]

Adjust status, assuming you did not have immigrant intent when you initially came. If that is the case, get married ASAP and file for AOS. DO NOT go home if you go that route.

AOS looks plausible. I could also file that under my parents who are US citizens, from what I am reading online?

For a work visa do you need special training/skills. Do you have anything that may qualify you for a TN or h1b visa? Research the professions.

Getting married, staying and adjusting status looks like your only option if you do not have the above.

I've looked into the TN... I don't qualify for that one.

Sounds like I have a good place to start.

Thanks for all your advise everyone!

You can stay in the US and just adjust your status if your spouse is a USC since visa numbers are current. No need to leave the country.

You don't even need to wait for the I-130 to get approved. Just file the I-130 and the I-485 together.

That's awesome. thanks!

[tasakchy 9]

But to file AOS under your parents, you would need to wait for a visa number to become available and thats about an 8 year wait currently.

Edited July 23, 2015 by tasakchy

[redbeard 22]

Are either of your parents natural born US citizens?

[loveamerica99 4]

But to file AOS under your parents, you would need to wait for a visa number to become available and thats about an 8 year wait currently.

gotcha... well that's no good then.

Are either of your parents natural born US citizens?

negative

[redbeard 22]

Getting married and adjusting status is going to be by far the easiest route to a green card for you. Any other path is likely going to take years and you will have to go home...Unless you have some specialized skills/training/degree.

[redbeard 22]

Although...geez...after reading your initial post, you mention that you have "already managed to move all your stuff down here".

That says to me that you DID come here with immigrant intent. Adjusting status if immigration was your intent all along would be Visa Fraud.

If that is the case, here's what I would do:

Have your partner file an I-129f for you right away. It will likely be sent to the CSC and approved within two months. You are probably looking at six months until you'd have a fiance visa in hand. You are allowed to stay for up to six months, so you could stay right where you are for the next four months. Then go home to Canada for your interview, medical, etc. You'd probably only be out of the states for two months.

[Transborderwife 4,666]

Although...geez...after reading your initial post, you mention that you have "already managed to move all your stuff down here".

That says to me that you DID come here with immigrant intent. Adjusting status if immigration was your intent all along would be Visa Fraud.

If that is the case, here's what I would do:

Have your partner file an I-129f for you right away. It will likely be sent to the CSC and approved within two months. You are probably looking at six months until you'd have a fiance visa in hand. You are allowed to stay for up to six months, so you could stay right where you are for the next four months. Then go home to Canada for your interview, medical, etc. You'd probably only be out of the states for two months.

Not likely...Montreal is a fairly slow consulate. More like a year.