Help with options

[v&k 0]

Hi,

We are new to the board.

My boyfriend and I have been together for almost a year. We met online but met in person almost immediately after and have been dating ever since and traveling back and forth to see eachother very often.

My boyfriend is an american citizen and I am a canadian citizen. On May 5th, 2007, I entered the USA to live with my boyfriend for the allowed 90 day period.

My boyfriend and I would like to start the process of applying for a fiance VISA for me. We have consulted with a lawyer and he said "it would be easier to just get married within my 90 day stay here, because if we are legally married, then we can skip past the paper work and fiance visa and just go right to the step of applying for permanent residency for me, as I would be his wife".

This concerns me because when i entered the USA, I simply said I was going to visit my boyfriend. They asked to see proof of my return flight and everything. Our lawyer seems to think that we should just get married because the fiance visa can take a long time...BUT I am worried that US immigration could say I entered the country with a fradulent intent (ie: i did not say i was coming here to get married, but just to visit). The lawyer seems to think once you are married, it doesnt matter and you can just apply for permanent residency...the only downside would be you cant travel for a year or so.

My boyfriend and I want to do this as legitimately as possible, which is why we are thinking the fiance visa would be the best route, however we are concerned about processing times. I would hate to be away too long and continue racking up airmiles. I guess I have gotten used to being here.

Anyways, if y'all could help, we have a few questions:

1. Can I stay in the USA while my fiance VISA is being processed?- I know i have to go home and then re-enter the country with my fiance visa, BUT can i be here while it is processing and THEN go home for a month or so to do the interview and then re-enter with the visa?

2. How long does a fiance visa take until i can actually enter the country (approx?) Like if i were to go home tommorow, how many months until i can re-enter the US? We will be filing the fiance visa in Texas.

3. If i do have to go home (to canada) while my fiance visa is processing, can i still visit the US during the time period or do i have to stay in canada?

4. Is getting married within my 90 day stay here a horrible idea? Is it fraud? (lawyer seems to think this is the easiest route to take)

5. When i get my fiance visa...how hard is it/how long does it take to get a work permit?

thanks everyone! we both very much appreciate any advice/insight you could provide us with

-veronika and kevin

[Cassie 8]

http://www.visajourney.com/forums/index.ph...mp;#entry997666

[v&k 0]

http://www.visajourney.com/forums/index.ph...mp;#entry997666

ha..yea..sorry...i was sent an email from my girlfriend with this info and i posted it. sorry...thread can be deleted

[Cassie 8]

no worries maybe you'll get some more feedback today, although you received some good advice in the old thread

[CutienPurg 0]

you didnt enter the US with fradulent intent or the intent to immigrate..........your lawyer is giving you the right advice. get married , apply for Adjustment of status,advanced parole and ead .

you cant stay in the us while a fiance visa is being processed and depending on where in Canada you live it could take from 9 months to a year to be able to move back to the US. you could visit while the visa is being processed but you also run the risk of being denied entry for visits if you dont have strong ties to Canada. Employment authorization takes at least 90-ish days.

Good Luck

[Lance27 19]

Agreed... if you already decided that you were going to marry your bf and dont mind pushing up the date then go ahead and do it. Its the fastest way to be with your SO. Also you can stay in the US for 180 days and not 90 unless the CBP officer specifically stamped your passport saying that you can stay for upto 90 days.

Good luck

Lance

you didnt enter the US with fradulent intent or the intent to immigrate..........your lawyer is giving you the right advice. get married , apply for Adjustment of status,advanced parole and ead .

you cant stay in the us while a fiance visa is being processed and depending on where in Canada you live it could take from 9 months to a year to be able to move back to the US. you could visit while the visa is being processed but you also run the risk of being denied entry for visits if you dont have strong ties to Canada. Employment authorization takes at least 90-ish days.

Good Luck

[v&k 0]

you didnt enter the US with fradulent intent or the intent to immigrate..........your lawyer is giving you the right advice. get married , apply for Adjustment of status,advanced parole and ead .

you cant stay in the us while a fiance visa is being processed and depending on where in Canada you live it could take from 9 months to a year to be able to move back to the US. you could visit while the visa is being processed but you also run the risk of being denied entry for visits if you dont have strong ties to Canada. Employment authorization takes at least 90-ish days.

Good Luck

Shes from Toronto. Is this a situation you had similar issues with?

[misa 2]

Couple of questions:

1. What was the intent upon entry to the U.S. Simply a visit?

2. When did you officially get engaged and decide on her moving to the U.S. rather than you moving to Canada? Prior to entry or after?

If after entry, then get married and file forms I-130 (alien petition for immediate relative), I-485 (adjustment of status for permanent residence along with the required sponsor form I-864), I-765 (employment authorisation, takes about 90 days) and apply for Advance Parole if she needs to go back to Canada while her adjustment of status is pending. If you do decide to follow that route and she did NOT have immigrant intent on entering as a visitor, make sure she does not leave the U.S. until she is granted AP (advance parole) or has her greencard in hand.

If you decided to get engaged and go through U.S. immigration prior to her visit then file for a K1. It will take awhile though since she is in Toronto.

Edited June 21, 2007 by misa

[warlord 73]

Another thing is if you get marriend and send off all the forms for AOS, when you get your interview, they will not hold that against you. Even if you have entered originally illegally, they have a pardon/amnesty set in place. So you really don't have anything to worry about unless you're just not ready yet to get married...

[CutienPurg 0]

you didnt enter the US with fradulent intent or the intent to immigrate..........your lawyer is giving you the right advice. get married , apply for Adjustment of status,advanced parole and ead .

you cant stay in the us while a fiance visa is being processed and depending on where in Canada you live it could take from 9 months to a year to be able to move back to the US. you could visit while the visa is being processed but you also run the risk of being denied entry for visits if you dont have strong ties to Canada. Employment authorization takes at least 90-ish days.

Good Luck

Shes from Toronto. Is this a situation you had similar issues with?

I personally did not have experience with what you're asking about but I know more than a couple couples who have successfully done what your lawyer suggests........they did it on the advice of their lawyers as well.