Canadian Marrying American; Confused About AOS Process

[Timothy Campbell 0]

Previous Thread: This thread is carried over from discussion in the K-1 forum (here).

Summary to Date: I came to Kentucky on May 5th to explore the possibility of marrying K. We'd met on the internet and I'd visited her during February for 2 weeks, but that was so heavily chaperoned that we didn't really get to know one another on a personal basis. Since May 5th we've lived together and have decided that we can't live apart. Once we realized this we explored the K-1 Fiancé Visa approach, but this meant I would have to return to Canada for a long time. Unbearable! So I came to VisaJourney to ask if there was a way I could stay with her. I was advised to marry her as soon as possible, then apply for AOS (Adjustment of Status).

Note: I probably should emphasize that when I came down here there was no "intent to immigrate". I rent an apartment in Toronto, Canada, and pay all my bills in Canada. K and I wanted to know if we could live together. (I'm 49 and have never been married, so I didn't even know if I could tolerate domestication.) A few of K's relatives are under the impression that I came down here to marry her, but most of her friends and family, and all of my friends and family, know that this visit was an exploration of the possibility of marriage. (We could easily obtain affadavits affirming this.) I had originally intended to return to Canada on or before July 31st. Now, though, the thought of being away from K for weeks or even months fills me with dismay.

Preamble to My Question: When I look at Form I-485 (Application to Register Permanent Residence or Adjust Status), Part 2, I see several check boxes that explain why my status would be adjusted from the current one (just visiting) to Permanent Resident. Yet apart from option H ("Other"), I see nothing that appears to conform to the suggestion I was given here (i.e. that I marry K right away and apply for adjustment of status).

My Dilemma: It used to be (or so it seems to me) that if a Canadian married an American in the U.S., that was okay. Yet as I look at Form I-485, it looks like I am being persuaded to apply for a K-1 Visa, which would mean being away from K for months!

My Question: If I marry K this week (which would conform to the suggestions given to me earlier on VisaJourney), would I be offending the people at the immigration office? I don't want to make a mistake and get sent away! I want to be with K!

[Chica Yeyé 41]

Terry,

You are allowed to marry K I suppose, and process the application from within the US. At least in paper and from what I've read on the boards. However, I am not familiar with this process and if doing what you did constitutes any kind of "visa fraud" in the eyes of immigration folks. I am sure someone around here will have more wise and precise answers for you. Don't want to confuse you!!!!

Good luck, L.

[Dr_LHA 3]

If you're filing I-130 and I-485 together (which is what you will do if you don't go back to Canada to file for K-1), then tick "A" for I-485 part 2. I know the language doesn't sound right, but that is the correct answer.

Edited July 8, 2007 by Dr_LHA

[Timothy Campbell 0]

If you're filing I-130 and I-485 together (which is what you will do if you don't go back to Canada to file for K-1), then tick "A" for I-485 part 2. I know the language doesn't sound right, but that is the correct answer.

"I know the language doesn't sound right" is music to my ears, Dr_LHA. I had a feeling that we had to file those simultaneously, but it didn't sound right!

If any others have any comments (or direct experience), please feel free to jump in!

Irrelevant Addendum: In the back of my mind is a snippet of a Monty Python skit....

"This is a dog license with the word 'dog' crossed out and the word 'cat' written in, in crayon!"

"The man said he didn't have the right form!"

[rebeccajo 14]

Doc, is the answer A?

I thought it was H..................

[Dr_LHA 3]

Doc, is the answer A?

I thought it was H..................

Its always "A" if you're adjusting through marriage unless you're here on a K-1. The point is that "A" talks about an "already approved immigrant visa application", i.e. I-130. That language dates from when you used to have to file I-130, wait for approval, then file I-485. Now you can file concurrently, the language should be updated to "an approved, already filed or concurrently filed immigrant visa application". I have had this confirmed to me by a USCIS interviewing officer (well, she told me off for putting "H" basically, then explained why it was wrong).

[rebeccajo 14]

Doc, is the answer A?

I thought it was H..................

Its always "A" if you're adjusting through marriage unless you're here on a K-1. The point is that "A" talks about an "already approved immigrant visa application", i.e. I-130. That language dates from when you used to have to file I-130, wait for approval, then file I-485. Now you can file concurrently, the language should be updated to "an approved, already filed or concurrently filed immigrant visa application". I have had this confirmed to me by a USCIS interviewing officer (well, she told me off for putting "H" basically, then explained why it was wrong).

LOL! That's pretty funny. Yes, it's the language about the "already approved app" that had me going.

But I also thought I remembered advice from a very senior member here before stating "H" was the correct answer. I guess I was wrong.

[Dr_LHA 3]

LOL! That's pretty funny. Yes, it's the language about the "already approved app" that had me going.

But I also thought I remembered advice from a very senior member here before stating "H" was the correct answer. I guess I was wrong.

In all honesty, I doubt it matters if you put "H", I'm sure people put "H" all the time because the language isn't clear, and I never heard of anyone getting an RFE/rejection for it. Worst case scenario, a bitchy IO chews you out about it.

[Jup1ter 2]

In all honesty, I doubt it matters if you put "H", I'm sure people put "H" all the time because the language isn't clear, and I never heard of anyone getting an RFE/rejection for it. Worst case scenario, a bitchy IO chews you out about it.

Someone was rejected less than two weeks ago, they posted about it in this forum: http://www.visajourney.com/forums/index.php?showtopic=75813

[Dr_LHA 3]

Yes, I did remember that later. Seemed odd, certainly the first case I've heard.

[Timothy Campbell 0]

Wow, good thing I asked about "Box A". It'd be a shame to have the forms bounced back to us because of something like that.

I'm encouraged by what I've been reading!

Thanks, everybody!

[Yodrak 7]

Timothy Campbell,

My suggestion here is the same as I gave you there - have a consultation with a US immigration attorney without delay. You may like the advice you receive after discussing your situation.

Yodrak

Previous Thread: This thread is carried over from discussion in the K-1 forum (here).

.....

[Yodrak 7]

Dr_LHA,

Same here. I think the real problem there must have been a new person in the sorting room being confused and making a mistake.

Yodrak

Yes, I did remember that later. Seemed odd, certainly the first case I've heard.

[Timothy Campbell 0]

Quick Summary: I am Canadian and will be marrying an American tomorrow.

Preamble: From what I've read so far (in the forums and the relevant guide), it appears that we will be filing the following forms simultaneously (along with supporting documentation, photos, money orders etc., all arranged in tidy sub-packages, with a cover letter):

I-130 (Petition for Alien Relative)

I-485 (Application to Register Permanent Residence or Adjust Status)

G-325A (Biographic Information)

I-864 (Affidavit of Support) -- we can get several of these

It also appears to me that we need to submit these:

I-131 (Application for Travel Document)

I-765 (Application for Employment Authorization)

If necessary I could live without employment authorization for a while -- my wife-to-be K is fully employed -- but it appears I'll need the I-131 so I can clear out my Canadian residence. (The owner of the building where I rent is a nice guy, but for health reasons he is not strong enough to pack stuff into boxes and ship them to me.)

Questions: This raises the following questions in my mind:

1) Have I said anything incorrect above?

2) Is it appropriate to include I-131 and I-765 in the initial package?

Thanks!

[Dr_LHA 3]

Questions: This raises the following questions in my mind:

1) Have I said anything incorrect above?

Well, just some details really. For example you need to submit 3 G325A's. 1 for your spouse and 2 for yourself, each G325A of course includes 4 identical pages.

2) Is it appropriate to include I-131 and I-765 in the initial package?

Absolutely, I'd recommend that in fact. You might want to look into any possible AP issues, which someone more familiar than myself with AP (I never had one) can tell you.