What to file

[CanadianBestie252 0]

Can Someone please tell me exactly what forms i need to fill out to get a green card and then to adjust my status to the path of becoming a U.S citizen. My husband wants to get right on getting a green card 

[Roel 7,192]

Oh, don't worry about the citizenship. That's not going to happen for few years.

 

Did you come to the US on K1 visa? CR1 visa? More info would be nice.

[geowrian 22,337]

 

You need to first go through AOS. That will get your husband a green card. If you've been married for less than 2 years, he will be a conditional resident and get a green card with a 2 year expiration. Starting 90 days before it expires, he can file for ROC to get a 10 year green card. Assuming he stays married to you and otherwise meets the criteria, he will qualify to apply for citizenship 3 years after that. If you aren't still married, it will be 5 years after after ROC.

 

Just follow the AOS guide: http://www.visajourney.com/content/k1k3aos

Edited January 31, 2017 by geowrian

[CanadianBestie252 0]

I just came here on my passport no visa. He isn't the one that needs the green card I am.

 

Edited January 31, 2017 by CanadianBestie252

[geowrian 22,337]

Just now, CanadianBestie252 said:

I just came here on my passport no visa

 

Okay, well, you came in under tourist status then since you're from Canada. I'm just going to assume you did not enter the US for the purpose of filing AOS...  So just follow this guide instead (the other one was for K1):

 

http://www.visajourney.com/content/i130guide2

 

[CanadianBestie252 0]

So we fill out 1-4 and summit them all together or do we fill out all 7?

[geowrian 22,337]

10 minutes ago, CanadianBestie252 said:

So we fill out 1-4 and summit them all together or do we fill out all 7?

Please follow the guide...it will answer the question of which forms you need to fill out for your case.

 

I-131 is for Advance Parole (ETA: 3 months). This lets you leave the US while waiting for AOS. DO NOT leave the US prior to getting this - it is an abandonment of your AOS application and you will need a CR-1/IR-1 visa to re-enter (ETA: 10-12+ months).

I-765 is for EAD (ETA: 3 months). This is what allows you to work while in the USA and before you AOS is approved. You cannot work (paid or unpaid) while in the US until you have this document.

G-1145 is for electronic notification of status updates for your cases.

Edited January 31, 2017 by geowrian

[MapleLeaf29 247]

2 hours ago, CanadianBestie252 said:

I just came here on my passport no visa. He isn't the one that needs the green card I am.

 

Did you come in as a tourist from Canada and get married in the United States?  You might want to consult a lawyer.  My fiancé is from Canada and we looked into whether he could cross the border with his passport, get married, and then file for adjustment of status.  From our research online, it sounds like Canadians can be charged with visa fraud if they marry after entering on a passport.  This can have serious consequences, like being sent back to Canada and being banned from entering the United States for a certain number of years.  To legally marry a US citizen, you must enter on a K1 visa and you must declare your intention to marry at the border.  I have no idea what your circumstances are, but if you did enter on a passport and get married, you need to talk to a lawyer.  Best wishes!

[geowrian 22,337]

12 minutes ago, amybeth said:

Did you come in as a tourist from Canada and get married in the United States?  You might want to consult a lawyer.  My fiancé is from Canada and we looked into whether he could cross the border with his passport, get married, and then file for adjustment of status.  From our research online, it sounds like Canadians can be charged with visa fraud if they marry after entering on a passport.  This can have serious consequences, like being sent back to Canada and being banned from entering the United States for a certain number of years.  To legally marry a US citizen, you must enter on a K1 visa and you must declare your intention to marry at the border.  I have no idea what your circumstances are, but if you did enter on a passport and get married, you need to talk to a lawyer.  Best wishes!

This is inaccurate. You are correct that it is visa fraud to enter the US with the intent of staying and filing for AOS. However, intent is determined at POE. Once legally in the US and married to a USC, you can file AOS. Previous intent is not a reason for denial. My understanding is that previous intent can be taken into consideration with other factors...to which many others here would disagree...but you are absolutely permitted to file for AOS regardless of intent at POE.

[MapleLeaf29 247]

20 hours ago, geowrian said:

This is inaccurate. You are correct that it is visa fraud to enter the US with the intent of staying and filing for AOS. However, intent is determined at POE. Once legally in the US and married to a USC, you can file AOS. Previous intent is not a reason for denial. My understanding is that previous intent can be taken into consideration with other factors...to which many others here would disagree...but you are absolutely permitted to file for AOS regardless of intent at POE.

This thread offers some good information about coming in on different types of visas.  It sounds like the general advice would be to consult a lawyer.

 

[NikLR 13,227]

On 1/30/2017 at 8:22 PM, amybeth said:

Did you come in as a tourist from Canada and get married in the United States?  You might want to consult a lawyer.  My fiancé is from Canada and we looked into whether he could cross the border with his passport, get married, and then file for adjustment of status.  From our research online, it sounds like Canadians can be charged with visa fraud if they marry after entering on a passport.  This can have serious consequences, like being sent back to Canada and being banned from entering the United States for a certain number of years.  To legally marry a US citizen, you must enter on a K1 visa and you must declare your intention to marry at the border.  I have no idea what your circumstances are, but if you did enter on a passport and get married, you need to talk to a lawyer.  Best wishes!

Yours would be visa fraud which applies to ALL people who are not USC, not just Canadians.  Your fiancee is intending to stay not just get married and you're purposely trying to bypass immigration.  In your case, the K1 visa or getting married and doing the CR1 visa is more appropriate.  Lying to a CBP officer is a crime and can get you a ban for life.  

 

Getting married on a tourist visa isn't an issue.  Applying for an adjustment of status after arrival because things have changed isn't an issue.  Intending on immigration at the border is an issue.  Discussing it more is against TOS. 

[MapleLeaf29 247]

43 minutes ago, NikLR said:

Yours would be visa fraud which applies to ALL people who are not USC, not just Canadians.  Your fiancee is intending to stay not just get married and you're purposely trying to bypass immigration.  In your case, the K1 visa or getting married and doing the CR1 visa is more appropriate.  Lying to a CBP officer is a crime and can get you a ban for life.  

 

Getting married on a tourist visa isn't an issue.  Applying for an adjustment of status after arrival because things have changed isn't an issue.  Intending on immigration at the border is an issue.  Discussing it more is against TOS. 

To be clear, my fiancé and I are NOT doing this.  When we were trying to figure out the visa process, we did a lot of research online about how to legally go about getting married and having him immigrate to the United States.  We submitted our k1 petition and are following all legal procedures.

[NikLR 13,227]

Good to knowa