Confused by conflicting info

[KSphotoguy 0]

Quick rundown - My girlfriend (Canadian) has been visiting for 5 months. We'd like to get married and move her here.

It seemed from what I had read a couple months ago that the K-1 was the way to go, but then she has to leave. I recently read that we could have a quickie wedding and she could stay and apply for a change of status.

Is that right? She can stay? Because that would be awesome.

Where do I find the info on this type of change of status? Where is it done? etc.

Thanks in advance for all your help. This site has been a great source of info.

[Krikit 1,165]

Good morning, KS. Welcome to VJ. Check out The Guides to get a rundown of everything you need to know. You can see example forms here.

You can marry and file for Adjustment of Status (AOS) if there was no intent to marry when she came to the US. The problem with this process is that she will not be able to get back into the US if she leaves the country without receiving her greencard or Advance Parole (AP) travel documents.

Good luck on your journey, and feel free to ask questions when it gets confusing.

[Flames9_RN 358]

ya, if she came into the uSA with no intent of staying, one can marry then AOS. That route seems to creat a little havoc on VJ,lol but it is perfectly legal!! How does one prove that you had no inten, or USA immigration prove you did have intent, not sure. I bet that route is done a fair bit! Not sure why people complain, just 1 less person slowing down the k1,k3 or cr-1 process,lol

But be advised if ya go that route she CAN"T leave the usa--including to Canada! Wel she can leave, but may not be able to get back into the USA!! One has to get Advance parole (AP) or complete the AOS. No clue on how to AOS, as I went the cr-1 route which doesnt require it!! Do whats best for ya and best of luck

[warlord 73]

One of the things also that happens during the first interview is they pardon a lot of things as well. So even if she did enter the country with the intent to marry etc, they'll most likely still waive it and proceed with the Green Card process...

[IR5FORMUMSIE 850]

Good morning, KS. Welcome to VJ. Check out The Guides to get a rundown of everything you need to know. You can see example forms here.

You can marry and file for Adjustment of Status (AOS) if there was no intent to marry when she came to the US. The problem with this process is that she will not be able to get back into the US if she leaves the country without receiving her greencard or Advance Parole (AP) travel documents.

Good luck on your journey, and feel free to ask questions when it gets confusing.

Try telling a man that.

[KSphotoguy 0]

Thanks for the replys!

So the I-485 packet (getting married and changing status) sounds like a good deal for us. I think we'll call some officials and ask a few questions to be sure.

Any advice on what to ask or NOT to ask?

Also, if this change of status allows you to stay together, why don't more people go that route instead of the K-1, etc.? It seems odd that you'd separate if this option is available. What's the catch I'm not seeing?

[Modano 0]

We went the K1 route because we wanted a wedding with my family and friends here as well. It wouldn't be possible to have a large wedding and then say that I came to the US without the intentions of getting married.

[trailmix 77]

Modano's explanation is a good example, as it is all about intent.

For example. Your girlfriend is living in Canada and you call her and say honey let's get married next weekend, you come on down here and we shall get hitched and live in the U.S.A.!!

When said girlfriend gets to the border she will be asked why she is going to the U.S. - she will say she is going to get married (no problem with doing that at all). The next questions will be about when she is returning to Canada and what proof she has that she is returning (rental agreement, letter from employer etc).

That is the missing component you are looking for and where the intent comes in.

If she goes to the the U.S. with the intention of getting married and staying (which would require lying to the Border agent btw - because if she told them she was going to the U.S. to get married and live there - they wouldn't let her in) - you are showing intent to go and live there and bypassing the correct procedure (either applying for a K1 with her in Canada or getting married and applying for a K3 or CR1 - with her in Canada).

If, on the other hand there was no intent to live in the U.S. and you just happened upon each other or decided to get married on the spur of the moment - there is no intent to bypass the visas - it just happened - then adjustment of status is acceptable.

Edited January 10, 2008 by trailmix

[KSphotoguy 0]

Well, we had no intent to get married when she came down here this last time, so I think we're good there.

Thanks again for the responses.

Edited January 10, 2008 by KSphotoguy