Military hot line told us to get married and go adjustment of status instead?

[K1VISAT 7]

4 minutes ago, geowrian said:

Yes. Once you get AP approved and have it in hand, you can go back to Canada and take care of things there, then re-enter the US fine. Extended stays abroad are not recommended, but even a couple/few months shouldn't be an issue.

 

Here's the guide: http://www.visajourney.com/content/i130guide2

NOTE: The I-130 uses the I-130A instead of the G-325As now, but the I-485 still needs the beneficiary's G-325A.

 

AOS: ~1 year (could be 3-4 months, could be over a year)

I-131 (AP): ~3-4 months

I-765 (EAD): ~3-4 months. This is your work authorization.

You won't be able to get an SSN until you get the EAD (or green card)

 

Pssst! Flip those around.

Thank you! I'll take a look at the guide right now!

 

So to be clear, if we do this, I have to stay in the US until I get AP, so I have to wait for AOS to go through, 3-4 months or even over a year, and after that I have to wait 3-4 more months for AP, and THEN I can go back to Canada for a month or so to get my cat and belongings and such? So I'm looking at waiting for both of those first, meaning I'll be here for many more months before I can leave to go do all that?

Haha just making sure that's what you meant just in case it wasn't. Thank you! 

 

[geowrian 22,337]

11 minutes ago, K1VISAT said:

So to be clear, if we do this, I have to stay in the US until I get AP, so I have to wait for AOS to go through, 3-4 months or even over a year, and after that I have to wait 3-4 more months for AP, and THEN I can go back to Canada for a month or so to get my cat and belongings and such? So I'm looking at waiting for both of those first, meaning I'll be here for many more months before I can leave to go do all that?

Haha just making sure that's what you meant just in case it wasn't. Thank you!

You will file for AOS + AP + EAD together. AP & EAD will likely be approved in 3-4 months from that date. AOS (your green card application) will take about 12 months from filing. These will all be processed concurrently...not one after the other.

 

For example, if you filed for AOS + AP + EAD today, you would likely be able to go to Canada in Sept. or Oct. You could stay there for a short period then come back into the US. You don't have to go in that timeframe...but that would be the soonest.

Edited June 20, 2017 by geowrian

[Unshakable Faith 493]

11 minutes ago, K1VISAT said:

Thank you! I'll take a look at the guide right now!

 

So to be clear, if we do this, I have to stay in the US until I get AP, so I have to wait for AOS to go through, 3-4 months or even over a year, and after that I have to wait 3-4 more months for AP, and THEN I can go back to Canada for a month or so to get my cat and belongings and such? So I'm looking at waiting for both of those first, meaning I'll be here for many more months before I can leave to go do all that?

Haha just making sure that's what you meant just in case it wasn't. Thank you! 

 

No no...

Once you marry, you will file your adjustment of status (AOS).  Along with that you will file your employment authorization (EAD) and your Advance parole (AP).  Advance parole allows you to travel outside of the US and re-enter.

They process the EAD and the AP first so right after you file that should come in 3 to 4 months.  At that point you can begin working or leave the country to take care of your things in Canada and then reenter.

While all of that is going on, your adjustment of status will still be pending and the adjustment of status piece is what takes the 12ish months.  While your AOS is processing your EAD and your AP are still valid.

Once your AOS is approved, you'll get your green card and that will take place of your EAD as well as AP.

Edited June 20, 2017 by Unshakable Faith

[K1VISAT 7]

Ah okay perfect, that makes sense.

Hmm I wonder how long it will take to get the whole petition together before we can file. Plus going and getting married, getting the marriage certificate, and we need evidence of a bona fide marriage, which we don't so we will have to add that into the wait.  Thank you!!!!!

[Sunnyland 639]

56 minutes ago, K1VISAT said:

But what about my apartment and all my belongings and pet back home in Canada? I can't just let that all sit for a year while I wait

We were going to send in our I129F tomorrow and have me visit here 2 more months and I was going to go back to Canada and start tying up things on my end, getting rid of things and such. 

Is anybody taking care of your cat and house now? You can travel to Canada when you get your AP, in about 3 months from filing.

[NikLR 13,228]

OP would be considered as "immigrating" upon USCIS receiving the AOS paperwork.  But it's a weird grey area and may still be able to use provincial healthcare until the green card.  Basically you're claiming the USA as your place of residence but it's not official until the green card. 

[K1VISAT 7]

45 minutes ago, Dee elle said:

You will already have your proof of your relationship that you have gathered for the K1. And you will have your marriage certificate. File right after marrying and you wouldn't be expected to really have any more 

Quote

 

Note: Evidence of a bona fide Marriage  The USCIS now requires that when filing an I-130 for a spouse that you include evidence of a bona fide marriage. They list examples of acceptable evidence as:

1. Documentation showing joint ownership or property; or 2. A lease showing joint tenancy of a common residence; or 3. Documentation showing co-mingling of financialresources; or 4. Birth certificate(s) of child(ren) born to you, thepetitioner, and your spouse together; or 5. Affidavits sworn to or affirmed by third parties havingpersonal knowledge of the bona fides of the maritalrelationship (Each affidavit must contain the full nameand address, date and place of birth of the person making the affidavit, his or her relationship to the petitioner ofbeneficiary, if any, and complete information and details explaining how the person acquired his or herknowledge of your marriage); or 6. Any other relevant documentation to establish that thereis an ongoing marital union.

 

I won't need any of this? Or does the marriage certif count?

[K1VISAT 7]

42 minutes ago, Sunnyland said:

Is anybody taking care of your cat and house now? You can travel to Canada when you get your AP, in about 3 months from filing.

My grandma has my kitty, totally breaking my heart being away from him for so long. I've been paying my apartment from here out of my savings. That's only going to last so long haha, hence me also needing to get back and wrap it up.

I may be able to pull this off if it's only going to be a few months

[K1VISAT 7]

15 minutes ago, NikLR said:

OP would be considered as "immigrating" upon USCIS receiving the AOS paperwork.  But it's a weird grey area and may still be able to use provincial healthcare until the green card.  Basically you're claiming the USA as your place of residence but it's not official until the green card. 

Hmm interesting. I only have so much of my medication on me too so I was curious how that would work. 

[Boiler 45,733]

Could your Granny bring Kitty? Or perhaps entrust Kitty to an animal transportation service.

[p-ana 933]

3 hours ago, s + j said:

No documents are necessary to include in the AOS packet besides marriage license

But it's needed for the i130 they have to file 

[Tolly 1]

5 hours ago, K1VISAT said:

So as some of you know, we've had our I-129f petition basically ready to go for a week or so now. 

Yesterday my fiance called the military hot line as we just wanted to make sure we weren't missing anything on his end.

They asked us why were doing the k1 route, and said we should get married right now since I'm already in America and just do adjustment of status.

 

From all the research I've done and things I've ready , i was pretty surprised they'd suggest that.

I'm wondering what everyone's opinions are on this.

Are we not making the right decision going the k1 route?

Is it not faster?

They told him since I'm already here we can just marry and do adjustment of status and I can be here for the whole process. Isn't that route way longer waiting time? Like 12 months?

Also, if we did that, would I be able to go back to Canada during the process for a month and come back to America? Or would I have to wait? I still have my pet and rental apartment there..

Plus if we got married now, wouldn't I lose my benefits/health care in Canada?

Sorry for all the questions, I'm just not very familiar on this as I was on the K1. 

 

Thank you!

Really, why are you doing the K1? Are you going back to Canada to live and be separated from you partner for another few months? Since you are here, file a K1 is a waste of time, money and natural resource. Get married and file the AOS straight away. Come to think of it, you will technically bypass the K1 route

[caliliving 606]

9 hours ago, K1VISAT said:

Hmm interesting. I only have so much of my medication on me too so I was curious how that would work. 

You are already here!!! When you do the k1 you will have to do the AOS and processing over again..its so much easier to do it while you are here already!!! It's only 4 months and people can mail you papers if you need...yiu can also getnyour perscription faxed here...gl to Costco.

Also I am Canadian and didn't show muchmuch proof of the relationship...photos with husbands family and my familyntogegher and our phone bill...stay and get married why leave to continue to wait and do more paperwork

[NovaSprings 89]

One more piece of info for consideration....I am not sure where your home base is in Canada, but if you return to Canada for your K1, you may have to make 2 trips to Montreal.  One for the medical and a second visit for your interview.  If you are in Vancouver or Toronto, you are able to do your medical there, but your interview will be defiantly in Montreal (I believe the moved all K1 and CR1/IR1 interviews to Montreal last year).  Two trips to MTL and hotel/meals is not cheap....for me, traveling to and from Halifax, it as about $1500.  If you stay in the US, you may be able to avoid a large portion of this expense.  

[KF & OS 109]

Why go back to Canada and be faced with the visa interview with no gaurantee of passing???? Nothing is assured my dear. Why go back to Canada and be separated from ur fiance for over 6 months??? What if something happens at the medical and then u have to wait longer or even become ineligible?? Just get married, wait for about 3 to 4 months after filing AOS +EAD+AP, use ur AP to travel back to Canada and finish any pending business.