marriage or fiancé visa?

[thegordons2009 1]

I recently got engaged and looking into getting married. I understand what I have to do for the fiancé visa.

Question for all you reading this....can I just get married and then apply for all the necessary documents to get me legal here in the USA?

Or.... Is getting the fiancé visa a better way to go about getting me legal here?

[Otto 83]

So you're asking if you can circumvent the immigration process by 'just' getting married here and remaining here until you can be legal? (Not to be facetious ..just being clear)

[M4rinus 1]

Either one is legal and fine.

You should check and compare in the comparison tab... http://www.visajourney.com/forums/index.ph...mp;page=compare

The main thing you need to keep in mind, that even if you get married, you shouldnt just 'stay' ....

Fiance visa will (most likely) get the foreigner (you) to the US quicker, however it is more expensive and you won't have any real status for the first several months you are in the US.

Edited May 4, 2009 by MarkSchot

[thegordons2009 1]

So you're asking if you can circumvent the immigration process by 'just' getting married here and remaining here until you can be legal? (Not to be facetious ..just being clear)

Yes that is correct. I am marrying because of love. But I do need a job to help pay bills. Therefore I need a ssn

[Hell0W0rld 10]

So you're asking if you can circumvent the immigration process by 'just' getting married here and remaining here until you can be legal? (Not to be facetious ..just being clear)

Yes that is correct. I am marrying because of love. But I do need a job to help pay bills. Therefore I need a ssn

it depends on your intent when you enter the US....

Edited May 4, 2009 by HelloWorld08

[Hell0W0rld 10]

i think if you marry on the Visa wavier program and adjust status, is considered illigal.

[jundp 191]

You can get married and then leave and apply for a spousal visa.

Or you can wait until you get the K1, come here, get married, and adjust status.

[Hell0W0rld 10]

so the only way to adjust status is if you come here on a K-1 VISA (fiance(e) , CR1 , K-3 VISA (spousal)

[canadian_wife 1,829]

If you want to work when you enter the US then the CR-1 is the way to go. Upon entry into the US you can work right away, not the case with the K-1.

So yes, you can get married and file the paperwork. Be sure not to overstay and return to Canada for processing and the interview in Montreal.

Good luck.

[Misty1979 0]

i think if you marry on the Visa wavier program and adjust status, is considered illigal.

Canadians do not use the Visa waiver program.

[Hell0W0rld 10]

i think if you marry on the Visa wavier program and adjust status, is considered illigal.

Canadians do not use the Visa waiver program.

brain fart

[Kathryn41 3,205]

If you are in the US and entered with no intent of getting married when you entered, you can stay and apply to adjust status from within the US. When you apply for AOS you also apply for EAD (employment authorization document). The EAD will take about 90 days to be approved and you are not allowed to work without it. As well, you would not be elligible for a SSN until you have the EAD so that would add another week or so to the time that you would not be allowed to work.

If you file for a K-1 visa, you would enter the US after receiving the K-1 and be able to get a SSN in about 2 weeks. However, you are still not able to work as you would require the EAD, and you can't get the EAD until you file for AOS and the EAD at the same time. Again, it would take about 90 days to come in. You cannot file for AOS until you are married.

If you get married and return to Canada for the CRI, you would remain in Canada (visits are allowed) during the processing but you would receive your green card when you crossed the border. Then you would just need to wait about 2 weeks so your information is in the computer system and you can apply for a SSN and go to work.

So, a wait will be required before you can work regardless of whatever process you use. If you need to work, you can work in Canada while waiting for the K-1 or the CR-1 (depending on whether or not you get married first). With the K-1 you would still have about 3 months unemployed in the US before you could work. With the CR-1 you would be eligible to work almost right away.

Those are your options.

Edited May 4, 2009 by Kathryn41

[Misty1979 0]

If you are in the US and entered with no intent of getting married when you entered, you can stay and apply to adjust status from within the US. When you apply for AOS you also apply for EAD (employment authorization document). The EAD will take about 90 days to be approved and you are not allowed to work without it. As well, you would not be elligible for a SSN until you have the EAD so that would add another week or so to the time that you would not be allowed to work.

If you file for a K-1 visa, you would enter the US after receiving the K-1 and be able to get a SSN in about 2 weeks. However, you are still not able to work as you would require the EAD, and you can't get the EAD until you file for AOS and the EAD at the same time. Again, it would take about 90 days to come in. You cannot file for AOS until you are married.

If you get married and return to Canada for the CRI, you would remain in Canada (visits are allowed) during the processing but you would receive your green card when you crossed the border. Then you would just need to wait about 2 weeks so your information is in the computer system and you can apply for a SSN and go to work.

So, a wait will be required before you can work regardless of whatever process you use. If you need to work, you can work in Canada while waiting for the K-1 or the CR-1 (depending on whether or not you get married first). With the K-1 you would still have about 3 months unemployed in the US before you could work. With the CR-1 you would be eligible to work almost right away.

Those are your options.

Very well put

Your situation sounds alot like how mine was before I married. I visited the US, and while I was down there, decided to get married.

However, while not having discovered Visajourney after marriage, and not knowing what my options were, I didn't realise I could just apply for AOS and adjust status since I didn't enter the country with immigrant intent. That being said, I ended up leaving the country and getting the CR-1 visa which took about a year, and I still laugh at how much easier it could have been if I was more informed at the time.

It sounds like you didn't enter with immigrant intent either, so if you aren't in desperate need to work right now and can afford the immigration costs, it will likely be easiest for you to just stay where you are and adjust status.

Edited May 4, 2009 by Misty1979

[thegordons2009 1]

If you are in the US and entered with no intent of getting married when you entered, you can stay and apply to adjust status from within the US. When you apply for AOS you also apply for EAD (employment authorization document). The EAD will take about 90 days to be approved and you are not allowed to work without it. As well, you would not be elligible for a SSN until you have the EAD so that would add another week or so to the time that you would not be allowed to work.

Wow I really appreciate this information. I'm really happy to hear that it can be quite simple. So just to confirm: I came to USA without intention to marry. Which is true. I'd been back and forth at least once a month. Now I can marry my love and just file for AOS? And basically wait 3 months to get SSN?

If you file for a K-1 visa, you would enter the US after receiving the K-1 and be able to get a SSN in about 2 weeks. However, you are still not able to work as you would require the EAD, and you can't get the EAD until you file for AOS and the EAD at the same time. Again, it would take about 90 days to come in. You cannot file for AOS until you are married.

If you get married and return to Canada for the CRI, you would remain in Canada (visits are allowed) during the processing but you would receive your green card when you crossed the border. Then you would just need to wait about 2 weeks so your information is in the computer system and you can apply for a SSN and go to work.

So, a wait will be required before you can work regardless of whatever process you use. If you need to work, you can work in Canada while waiting for the K-1 or the CR-1 (depending on whether or not you get married first). With the K-1 you would still have about 3 months unemployed in the US before you could work. With the CR-1 you would be eligible to work almost right away.

Those are your options.

Very well put

Your situation sounds alot like how mine was before I married. I visited the US, and while I was down there, decided to get married.

However, while not having discovered Visajourney after marriage, and not knowing what my options were, I didn't realise I could just apply for AOS and adjust status since I didn't enter the country with immigrant intent. That being said, I ended up leaving the country and getting the CR-1 visa which took about a year, and I still laugh at how much easier it could have been if I was more informed at the time.

It sounds like you didn't enter with immigrant intent either, so if you aren't in desperate need to work right now and can afford the immigration costs, it will likely be easiest for you to just stay where you are and adjust status.

[Mike B. 231]

I could be wrong, but I interpreted the OP's desire to "get legal" to mean s/he is currently in the US illegally, in which case there could be serious problems and I'd recommend a lawyer.