Canadian seeks K1 while remaining in the US (Is is possible?)

[pushbrk 12,801]

Unless there is a stamp in their passport or record of entry it's pretty difficult to overstay. I seem to recall a recent thread where a Canadian needed proof of legal entry in order to file AOS. I'd check and make sure you don't need that before attempting to adjust status.

Good point, pushbrk. Make sure you keep a copy of your plane ticket, Timothy. And anything else you can find which will show you did not intend to stay when you entered the country.

As I recall, the other Canadian drove across the boarder so had no passport stamp or I-94. Flying should produce a passport stamp but sometimes not. At least the round trip plane ticket and boarding passes will show legal entry and intent to return.

[Converse34 1]

Go get married and skip the long process! Good luck!!

[L_n_O 3]

Good luck & let us know how it goes =)

[Timothy Campbell 0]

I do have the airplane boarding passes, though I inadvertently tore them in half while cleaning up my paperwork. Tape can fix that up.

Unfortunately, my airplane ticket was ONE WAY. Why? Because, as I said to the immigration officer at the airport, I intended to return "on or before July 31st". I met K via the net, and our my 2-week visit in February was heavily chaperoned -- we rarely had more than 90 minutes alone together. Neither of us knew if we'd find life together intolerable as we discovered each other, so setting a specific return date seemed reckless.

Let me put it another way. Before I left Toronto, went like this: "Let's see if, by the end of the first week, you throw me out the window, or if I jump!" I'm 49 and I've never married, so either outcome seemed possible. As it turned out, though, it took us much more than a week to get to know each other. (In retrospect, I was exceedingly naive about this kind of thing.)

If it helps, I do maintain a residence in Canada, and I'm still paying rent on it. My cell phone still has a Toronto number, and I've got the bills to prove that I'm still paying for that. My credit card is also Canadian. I can get any number of affadavits from people who knew that I had no overt intention to marry when I went down there. All of my preparations (including my postdated rent checks) were based on returning "on or before July 31st".

Moreover, just before I came down here, I moved to a cheaper apartment (in the middle of Toronto rather than the outskirts). I issued lots of change-of-address forms, I didn't just forward the mail from my old address.

Somewhat complicating matters somewhat is the attitude of the locals. Many of them are traditionally-minded -- this is Appalachia -- and they did not know that K and I were "seeing how it goes". Some of them (such as K's mother) were even speculating about wedding plans, despite K's protests that we weren't "predicting the future". I suspect K's pastor knows the real story, as do many of her friends, but you can imagine how this kind of thing can raise eyebrows at the immigration office. It seems that we tried to keep too many people happy at once.

How does one define "intent to marry", anyhow? K and I saw it as a strong possibility, and understood that if I was to remain in the US that marriage was the way to go. Yet we both acknowledged that because we met on the net we didn't fully know one another. Are the immigration folks capable of grasping the nature of this kind of problem?

I invite any comments!

[L_n_O 3]

You're probably going to need sworn statements and all the other stuff you mentioned should it come up (rent, bills showing that you hadn't planned of abandoning your Canadian residence and get hitched)

but I still (as I'm sure everyone else will) maintain that you should get married and then just stay and file for adjustment of status and everything else..

[RosemarieL 0]

One thing to remember is that if you do get married and file to adjust status if you return to Canada before you have your green card or Advance Parole they will not let you back into the US. I am not sure how long it will take you to adjust status after you marry but it is something to bear in mind if you have things you need to attend to in person in Canada.

[Saddle Bronc 124]

I noticed nobody asked Tim's quals, so I'll do that.

Tim, what are your quals?

Obviously, I'm asking the question to see if another option for remaining in US (TN-1) is possible.

[Timothy Campbell 0]

One thing to remember is that if you do get married and file to adjust status if you return to Canada before you have your green card or Advance Parole they will not let you back into the US. I am not sure how long it will take you to adjust status after you marry but it is something to bear in mind if you have things you need to attend to in person in Canada.

Wow, thanks for pointing that out!

[Timothy Campbell 0]

I noticed nobody asked Tim's quals, so I'll do that.

Tim, what are your quals?

Obviously, I'm asking the question to see if another option for remaining in US (TN-1) is possible.

If by "quals" you mean professional qualifications, I'm a self-trained software analyst, specializing in data file conversion. There's nothing I do that could not be done by anybody with a college degree in computer science. I do not hold any college degrees myself; I went to work at age 16 and completed my education by reading.

[Timothy Campbell 0]

I've spoken to K about the information presented here. She read it through and ...

SHE HAS GIVEN ME THE GREEN LIGHT TO MARRY HER!

When I asked if she'd be okay with what one respondent described as a "quicky marriage", she said she'd marry me "in an instant".

We could get married as early as Tuesday. So this raises three questions:

1) What part of this site should I be looking at now?

2) Is there anything I need to do before the marriage takes place?

3) Can I (or the site admin) move this thread to a more appropriate forum?

Thanks again for all the amazing helpfulness!

[pushbrk 12,801]

I've spoken to K about the information presented here. She read it through and ...

SHE HAS GIVEN ME THE GREEN LIGHT TO MARRY HER!

When I asked if she'd be okay with what one respondent described as a "quicky marriage", she said she'd marry me "in an instant".

We could get married as early as Tuesday. So this raises three questions:

1) What part of this site should I be looking at now?

2) Is there anything I need to do before the marriage takes place?

3) Can I (or the site admin) move this thread to a more appropriate forum?

Thanks again for all the amazing helpfulness!

I would think you're good to go. Just get married. In the meantime, read this guide and then ask any questions in the Adjustment of Status forum. http://www.visajourney.com/forums/index.ph...page=i130guide2

[Dan J 277]

I've spoken to K about the information presented here. She read it through and ...

SHE HAS GIVEN ME THE GREEN LIGHT TO MARRY HER!

When I asked if she'd be okay with what one respondent described as a "quicky marriage", she said she'd marry me "in an instant".

We could get married as early as Tuesday. So this raises three questions:

1) What part of this site should I be looking at now?

2) Is there anything I need to do before the marriage takes place?

3) Can I (or the site admin) move this thread to a more appropriate forum?

Thanks again for all the amazing helpfulness!

I would think you're good to go. Just get married. In the meantime, read this guide and then ask any questions in the Adjustment of Status forum. http://www.visajourney.com/forums/index.ph...page=i130guide2

Yup that guide is all you need. But do be aware if you leave without AP or your green card, you will be abandoning your AOS. And you can only renter to stay with a K-3 or CR-1/IR-1 visa.

[Timothy Campbell 0]

I would think you're good to go. Just get married. In the meantime, read this guide and then ask any questions in the Adjustment of Status forum. http://www.visajourney.com/forums/index.ph...page=i130guide2

Thank you for the link. We ordered our wedding bands earlier today!

... do be aware if you leave without AP or your green card, you will be abandoning your AOS. And you can only r[e-]enter to stay with a K-3 or CR-1/IR-1 visa.

Maybe after I read the material Pushbrk recommended I'll know, but ... what does AP stand for?

Thanks!

[TimsDaisy 0]

I would think you're good to go. Just get married. In the meantime, read this guide and then ask any questions in the Adjustment of Status forum. http://www.visajourney.com/forums/index.ph...page=i130guide2

Thank you for the link. We ordered our wedding bands earlier today!

... do be aware if you leave without AP or your green card, you will be abandoning your AOS. And you can only r[e-]enter to stay with a K-3 or CR-1/IR-1 visa.

Maybe after I read the material Pushbrk recommended I'll know, but ... what does AP stand for?

Thanks!

AP stands for (in VJ shorthand) "Advanced Parole" - that's immispeak for advanced permission to return to the US when you otherwise might have a problem doing so. I believe most people who are in the process of adjusting need it before they leave. dunno if there are different rules for Canucks. Probably not, but check the Canadian forum.

BTW: the guides here rock. But you should read them AND some primary government sources so you get used to their language and what the forms look like, etc. Head over to www.uscis.gov and read, read, read! You certainly are in the fortunate position of being able to avoid a long separation by marrying while you're still in the states. Oh, and you'll have the bonus of avoiding the BIG fee increase that will come at the end of the month.

There are definitely couples on VJ who have gone through the same process as you're about to. Check out the Adjustment of Status forum and look around other places on here for them. Most have reported few headaches during the AOS process (few out of the norm, anyway).

Congrats and best of luck. Just remember: Read Read Read! Research is your friend.

[~Nini~ 2]

Us Canucks still have to apply for AP and all that stuff.