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szt27

Can Canadian spouse stay with me while I-130 is being processed?

By szt27 in Bringing Family Members of US Citizens to America

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szt27 Newbie

szt27   0

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I am a 27 year old U.S. citizen living in Detroit and my 23 year old fiancee (who is a Canadian citizen) lives in Windsor.  We plan on getting married next spring at which point we will file a I-130.  My question is, once we get married, can she stay with me for 6 months (just like any other Canadian with a valid passport is normally allowed to) while the I-130 is being processed, with the honest intent of moving back into her parents house if the I-130 does not get approved within those 6 months? Or at the very least, can she come stay with me during the week and just go back home during the weekends since her parents live in a border town?

Unlockable Mentor

Unlockable   7,315

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Filed: Citizen (pnd) Country: Dominican Republic
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Like said, she can visit but frequent and/or long visits may result in her being turned away at the border. The POE officer may feel she is trying to live in the US.

 

There are plenty of threads on here where Canadians have been denied entry or even lost their visitor visa because they frequented the US too much.

“When starting an immigration journey, the best advice is to understand that sacrifices have to be made... whether it is time, money, or separation; or a combination of all.” - Unlockable

szt27 Newbie

szt27   0

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Sigh, that's what I figured.  Just wanted to make sure.  Let me ask a different question then.  My fiancee is currently attending University of Michigan on an F1 visa.  However she will complete her course work this winter at which point I assume her student visa will expire.  Is it legal for us to get a court marriage in the winter before her schooling is done and then apply for AOS?  This way she will be allowed to legally stay in the US and we can still keep the original church ceremony for next Spring right?  I know she will have to give up visiting her family for at least 3 months (till she gets AP) if we go this route but from what I am reading, it seems to be the only way to guarantee we can get our life started sooner rather than later.

geowrian Grand Master

geowrian   22,338

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Filed: Lift. Cond. (pnd) Country: Philippines
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Posted
1 hour ago, szt27 said:

Sigh, that's what I figured.  Just wanted to make sure.  Let me ask a different question then.  My fiancee is currently attending University of Michigan on an F1 visa.  However she will complete her course work this winter at which point I assume her student visa will expire.  Is it legal for us to get a court marriage in the winter before her schooling is done and then apply for AOS?  This way she will be allowed to legally stay in the US and we can still keep the original church ceremony for next Spring right?  I know she will have to give up visiting her family for at least 3 months (till she gets AP) if we go this route but from what I am reading, it seems to be the only way to guarantee we can get our life started sooner rather than later.

You are free to marry anywhere, including in the US. However, an F-1 visa does not allow her to enter with the intent to stay / file for AOS. She must still intend to return home.

Timelines:

ROC:

Spoiler

7/27/20: Sent forms to Dallas lockbox, 7/30/20: Received by USCIS, 8/10 NOA1 electronic notification received, 8/1/ NOA1 hard copy received

AOS:

Spoiler

AOS (I-485 + I-131 + I-765):

9/25/17: sent forms to Chicago, 9/27/17: received by USCIS, 10/4/17: NOA1 electronic notification received, 10/10/17: NOA1 hard copy received. Social Security card being issued in married name (3rd attempt!)

10/14/17: Biometrics appointment notice received, 10/25/17: Biometrics

1/2/18: EAD + AP approved (no website update), 1/5/18: EAD + AP mailed, 1/8/18: EAD + AP approval notice hardcopies received, 1/10/18: EAD + AP received

9/5/18: Interview scheduled notice, 10/17/18: Interview

10/24/18: Green card produced notice, 10/25/18: Formal approval, 10/31/18: Green card received

K-1:

Spoiler

I-129F

12/1/16: sent, 12/14/16: NOA1 hard copy received, 3/10/17: RFE (IMB verification), 3/22/17: RFE response received

3/24/17: Approved! , 3/30/17: NOA2 hard copy received

 

NVC

4/6/2017: Received, 4/12/2017: Sent to Riyadh embassy, 4/16/2017: Case received at Riyadh embassy, 4/21/2017: Request case transfer to Manila, approved 4/24/2017

 

K-1

5/1/2017: Case received by Manila (1 week embassy transfer??? Lucky~)

7/13/2017: Interview: APPROVED!!!

7/19/2017: Visa in hand

8/15/2017: POE

 

szt27 Newbie

szt27   0

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Well yes, I understand an F1 does not allow someone to enter with the intent to stay. When she first got it 3 years ago, she didn't know she was going to meet me a year later. But now that she has, and we have decided to get married, I just wanted to make sure there would be no legality issues with us using AOS to let her stay in the county with me after a court marriage even though our official church ceremony isn't till next year when her F1 is officially expired.

geowrian Grand Master

geowrian   22,338

Posted
Filed: Lift. Cond. (pnd) Country: Philippines
 Timeline
Posted

She's free to adjust status if she's already in the US. No issue there. She just can't come to the US to adjust status, or marry then leave and then return again to adjust status.

Timelines:

ROC:

Spoiler

7/27/20: Sent forms to Dallas lockbox, 7/30/20: Received by USCIS, 8/10 NOA1 electronic notification received, 8/1/ NOA1 hard copy received

AOS:

Spoiler

AOS (I-485 + I-131 + I-765):

9/25/17: sent forms to Chicago, 9/27/17: received by USCIS, 10/4/17: NOA1 electronic notification received, 10/10/17: NOA1 hard copy received. Social Security card being issued in married name (3rd attempt!)

10/14/17: Biometrics appointment notice received, 10/25/17: Biometrics

1/2/18: EAD + AP approved (no website update), 1/5/18: EAD + AP mailed, 1/8/18: EAD + AP approval notice hardcopies received, 1/10/18: EAD + AP received

9/5/18: Interview scheduled notice, 10/17/18: Interview

10/24/18: Green card produced notice, 10/25/18: Formal approval, 10/31/18: Green card received

K-1:

Spoiler

I-129F

12/1/16: sent, 12/14/16: NOA1 hard copy received, 3/10/17: RFE (IMB verification), 3/22/17: RFE response received

3/24/17: Approved! , 3/30/17: NOA2 hard copy received

 

NVC

4/6/2017: Received, 4/12/2017: Sent to Riyadh embassy, 4/16/2017: Case received at Riyadh embassy, 4/21/2017: Request case transfer to Manila, approved 4/24/2017

 

K-1

5/1/2017: Case received by Manila (1 week embassy transfer??? Lucky~)

7/13/2017: Interview: APPROVED!!!

7/19/2017: Visa in hand

8/15/2017: POE

 

szt27 Newbie

szt27   0

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Thank you all for your courteous and quick responses!  I know I could have probably pieced this information together via other posts but I just wanted to make sure I understood everything as it pertained to my specific situation since this is a very confusing topic for me.  I greatly appreciate the help!

MacUK Proficient

MacUK   983

Posted
Filed: Other Country: United Kingdom
 Timeline
Posted
18 hours ago, szt27 said:

Thank you all for your courteous and quick responses!  I know I could have probably pieced this information together via other posts but I just wanted to make sure I understood everything as it pertained to my specific situation since this is a very confusing topic for me.  I greatly appreciate the help!

Where is she right now?

August 2000: We start e-mailing. I'm in Bosnia, she's in Florida

October 29th 2000: She sends me e-mail asking if I would marry her

October 29th 2000(5 seconds later): I say yes

November 2000: She sends me tickets to Orlando for when I get back

December 6th 2000: Return from Bos

December 11th 2000: Fly to Orlando, she meets me at airport

December 22nd 2000: I fly back to UK

January 3rd 2001: She flies to UK (Good times)

Mid February 2001: Pregnancy test Positive

Mid February 2001: She flies back to US

March 2001: Miscarriage, I fly to US on first flight I can get

May 2001: I leave US before my 90 days are up

June 2001: I fly back to US, stopped at airport for questioning as I had only just left

September 2001: Pregnancy test Positive again

September 2001: She falls sick, I make decision to stay to look after her as I am afraid I may have problems getting back in.

April 16th 2002: Our son is born, we start getting stuff together for his passport

March 6th 2003: We leave US for UK as family

Early April 2003: Family troubles make her return to US, I ask Embassy in London about possibilities of returning to US

April 16th 2003: London Embassy informs me that I will be banned from the Visa Waiver Program for 10 years, my little boys first birthday

June 13th 2006: I-129f sent

August 11th 2006: NOA1 Recieved

After our relationship breaks down she admits to me that she had never bothered to start the application process

 
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