I just got married to my wife from Canada, we are so clueless please help!!!

[soconfused 0]

My wife is from Canada and I am from the United States (I am a US citizen). We got married on July 7, 2007 in the state of California. The thing is because for Canadian to enter the United States, they only have to show their Canadian Citizen and their passport to enter the US, we didn't know that she had to apply for a visa. So basically she entered the US under the visitors visa status, we applied for a marriage license, had a beautiful wedding and currently have a marriage certificate. I filed for the I130 shortly after and that was it. Because I hear so many stories and also the USCIS is somewhat unclear on their guidlines, I would like to confirm some questions that I have. I want to do this right so that we don't waste anytime. Here are my questions:

1. Besides the I130, what other forms do I need to file and in what order do I need to file them in?

2. Because my wife entered under the visitor's visa and we got married, is she allowed to stay in the US?

(I've been hearing mixed stories, some people say she cannot leave the US while filing her I130 and others say she cannot live in the US, I want to be clear once and for all, does she stay or leave the US? I mean I don't want her to get deported if she's not allowed to stay and I don't want her to leave if she was suppose to stay while the I130 is being processed)

3. My wife is a Research Scientist in Nutrition from Canada. I have heard that the wait to get approved for the Green Card can take a very long time, is there any way for her to work in the States? Can she apply for any kind of visa to allow her to work while in the process of waiting?

4. Is it true that it takes 2 or more years before she will be granted her green card?

If anyone can help answer these questions for us, it will be great! We are so clueless and confused!!!!! We are in our 20's, just got married, still very financially unstable and we just want everything to work out properly so we can start working and head in the right direction. We never knew getting married and getting legalized was so stressful and confusing! Once again thankyou for taking the time to read up on our situation and for helping us, we are so grateful of you guys for that!

[Delicia 1]

This should get you started for forms anyway. I really don't know about the other issues, sorry.

[Ena 0]

Hi Soconfused,

I am from the Netherlands, came in on a tourism visa the same way your wife did, and got married here in the States to my American partner. I can answer most of your questions for you:

1. Besides the I-130, you will have to send in an application for a work permit (I-765) and an application for the green card (I-485). You can sent the forms in at the same time (I sent them in together with the I-130). Also, you're wife has to undergo a medical exam at an immigration approved health center. The health center will give her a sealed envelope with the results, you will have to send that along as well. Another form that needs to be filled out is the Affadavit of Support. Basically it proves that someone can support your wife financially until she has her papers. I asked my father-in-law to fill that out, because my husband is a student and did not make enough money to meet the requirements.

2.Your wife is allowed to stay in the States. I overstayed my tourist visa, they won't kick your wife out of the country while you are processing her papers. The problem is though, that she should not leave the States until she gets her Green Card, because if she does, you'll have to start the who;e process over again. You can apply for a special travel permit, which will allow her to leave the States and come back while she is waiting for her green card. It's a separate application, which I did not do.

3.Yes, she can with a work permit. The work permit arrives before the green card. She will be allowed to work with it, but it won't allow her to leave the country (that's what the green card is for). I got my work permit extremely fast, three months after applying, but it can take longer. It really depends where you are filing and how much of a wait there is. You don't need to undergo an interview for the work permit. Without a work permit your wife is not legally allowed to work in the States. Most people either do volunteer work or work under the table, or sit at home...

4. I got my green card five months after applying. Once again, that is extremely fast and I was very lucky. You never know how long it will take, that's the hard part. Sometimes it takes as short as five to eight months (my Mexican neighbor reveived hers after 8 months), sometimes it takes much longer (I talked with a woman whose Australian husband received it after 3 years). The work permit will arrive faster though. Good luck!

My wife is from Canada and I am from the United States (I am a US citizen). We got married on July 7, 2007 in the state of California. The thing is because for Canadian to enter the United States, they only have to show their Canadian Citizen and their passport to enter the US, we didn't know that she had to apply for a visa. So basically she entered the US under the visitors visa status, we applied for a marriage license, had a beautiful wedding and currently have a marriage certificate. I filed for the I130 shortly after and that was it. Because I hear so many stories and also the USCIS is somewhat unclear on their guidlines, I would like to confirm some questions that I have. I want to do this right so that we don't waste anytime. Here are my questions:

1. Besides the I130, what other forms do I need to file and in what order do I need to file them in?

2. Because my wife entered under the visitor's visa and we got married, is she allowed to stay in the US?

(I've been hearing mixed stories, some people say she cannot leave the US while filing her I130 and others say she cannot live in the US, I want to be clear once and for all, does she stay or leave the US? I mean I don't want her to get deported if she's not allowed to stay and I don't want her to leave if she was suppose to stay while the I130 is being processed)

3. My wife is a Research Scientist in Nutrition from Canada. I have heard that the wait to get approved for the Green Card can take a very long time, is there any way for her to work in the States? Can she apply for any kind of visa to allow her to work while in the process of waiting?

4. Is it true that it takes 2 or more years before she will be granted her green card?

If anyone can help answer these questions for us, it will be great! We are so clueless and confused!!!!! We are in our 20's, just got married, still very financially unstable and we just want everything to work out properly so we can start working and head in the right direction. We never knew getting married and getting legalized was so stressful and confusing! Once again thankyou for taking the time to read up on our situation and for helping us, we are so grateful of you guys for that!

[trailmix 77]

1. Besides the I130, what other forms do I need to file and in what order do I need to file them in?

You might want to check out the Guides

Your decision, based on what you have said, is whether you are doing an adjustment of status or filing for a CR1 or K3 visa (the latter requires your wife to return to Canada).

2. Because my wife entered under the visitor's visa and we got married, is she allowed to stay in the US?

(I've been hearing mixed stories, some people say she cannot leave the US while filing her I130 and others say she cannot live in the US, I want to be clear once and for all, does she stay or leave the US? I mean I don't want her to get deported if she's not allowed to stay and I don't want her to leave if she was suppose to stay while the I130 is being processed)

I'm no expert on this, I'm sure someone who has direct experience will happen along. My understanding of it is it depends on your intent. If your wife came to the U.S. with the intention of marrying you, then she isn't allowed to just 'adjust status'. She will need to return to Canada to wait out the visa application process and interview in Canada.

3. My wife is a Research Scientist in Nutrition from Canada. I have heard that the wait to get approved for the Green Card can take a very long time, is there any way for her to work in the States? Can she apply for any kind of visa to allow her to work while in the process of waiting?

Not at this point, not with the other visa now pending. If you decide to do adjustment of status she can apply for an employment authorization document (more info on that in the guides).

4. Is it true that it takes 2 or more years before she will be granted her green card?

Varies, depends on whether you decide that she will wait out the IR1/CR1 or K3 visa in Canada or if you will go with adjustment of status.

If you decide she will return to Canada, with paperwork and interview wait, for a CR1 visa, you are looking at roughly a year.

Good luck!

[trailmix 77]

I am from the Netherlands, came in on a tourism visa the same way your wife did, and got married here in the States to my American partner. I can answer most of your questions for you:

2.Your wife is allowed to stay in the States. I overstayed my tourist visa, they won't kick your wife out of the country while you are processing her papers. The problem is though, that she should not leave the States until she gets her Green Card, because if she does, you'll have to start the who;e process over again. You can apply for a special travel permit, which will allow her to leave the States and come back while she is waiting for her green card. It's a separate application, which I did not do.

Hi Ena,

Did you intend to marry your then fiance(e) or did you just come here as a tourist and meet or decide to get married on the spur of the moment?

[LadyJane 1]

My wife is from Canada and I am from the United States (I am a US citizen). We got married on July 7, 2007 in the state of California. The thing is because for Canadian to enter the United States, they only have to show their Canadian Citizen and their passport to enter the US, we didn't know that she had to apply for a visa. So basically she entered the US under the visitors visa status, we applied for a marriage license, had a beautiful wedding and currently have a marriage certificate. I filed for the I130 shortly after and that was it. Because I hear so many stories and also the USCIS is somewhat unclear on their guidlines, I would like to confirm some questions that I have. I want to do this right so that we don't waste anytime. Here are my questions:

1. Besides the I130, what other forms do I need to file and in what order do I need to file them in?

2. Because my wife entered under the visitor's visa and we got married, is she allowed to stay in the US?

(I've been hearing mixed stories, some people say she cannot leave the US while filing her I130 and others say she cannot live in the US, I want to be clear once and for all, does she stay or leave the US? I mean I don't want her to get deported if she's not allowed to stay and I don't want her to leave if she was suppose to stay while the I130 is being processed)

3. My wife is a Research Scientist in Nutrition from Canada. I have heard that the wait to get approved for the Green Card can take a very long time, is there any way for her to work in the States? Can she apply for any kind of visa to allow her to work while in the process of waiting?

4. Is it true that it takes 2 or more years before she will be granted her green card?

If anyone can help answer these questions for us, it will be great! We are so clueless and confused!!!!! We are in our 20's, just got married, still very financially unstable and we just want everything to work out properly so we can start working and head in the right direction. We never knew getting married and getting legalized was so stressful and confusing! Once again thankyou for taking the time to read up on our situation and for helping us, we are so grateful of you guys for that!

Like Trailmix said: If there was no intent on getting married when she came down as a visitor, then it's OK to stay and 'adjust status'. However it is visa fraud if there was intent to marry. It sounds to me that there was intent to marry. If that was the case your wife cannot stay here while applying for her visa. If she can legally 'adjust status', then your wife should not leave the US until she has her advanced parole authorization. So that means she'd have to abandon her job, her abode etc. Is that a realistic possibility??

There are pros and cons to each route. With the CR1 route, it's less expensive than the 'adjustment of status', but you'll be apart. I don't know how long it takes to do the adjustment of status process but the CR1 route is taking 12-14 months. That may be enough time for her to settle her affairs in Canada, make good connections here in the US to find a good job, and save some of that Canadian cash (which is worth more now than the US dollar!)

Good luck!

[soconfused 0]

First of all a huge thanks to everyone!! I was so confused earlier but now I got it, it's all making sense to me. If it weren't for you guys, I would have been so lost!! However, I do have another question.

Because I filed the I130 which means that my wife has to be in Canada until her interview process. Is it okay for her to enter the States to visit me? As long as she doesn't stay for more than her 6 months of visa permission, correct?

[S & J 0]

First of all a huge thanks to everyone!! I was so confused earlier but now I got it, it's all making sense to me. If it weren't for you guys, I would have been so lost!! However, I do have another question.

Because I filed the I130 which means that my wife has to be in Canada until her interview process. Is it okay for her to enter the States to visit me? As long as she doesn't stay for more than her 6 months of visa permission, correct?

Hi, we are in the same situation. The last time I crossed I was just asked if I was travelling for business or pleasure - so I said pleasure and he stamped my passport. But when I went for three months they nearly didn't let me through because I didn't have proof of ties. Still not sure why they let me through, as there were other's who have been denied. Check out the Canadian forum for stories.

It really comes down to the boarder guard. The best advice I have heard is tell the truth when asked, but don't offer up information. It is very important that your wife can prove her intent is just to visit and that she will be returning to Canada, which is where the proof of ties comes in.

Good luck.

[MsZ 6]

My husband has been across the border a few times now w/o incident. However, he carries proof of his ties to Canada just in case. The border guard has discretion so if he doesn't want to let her in, there's not much that can be done about it.

We'll have another data point later today as he's coming to NY again. Hope he makes it across!

[MargotDarko 0]

First of all a huge thanks to everyone!! I was so confused earlier but now I got it, it's all making sense to me. If it weren't for you guys, I would have been so lost!! However, I do have another question.

Because I filed the I130 which means that my wife has to be in Canada until her interview process. Is it okay for her to enter the States to visit me? As long as she doesn't stay for more than her 6 months of visa permission, correct?

She is not required to be in Canada until her interview. She just has to go to Canada for her interview. Otherwise, she just needs to follow the normal requirements for a Canadian visiting the states. She is not required to leave the US now until her normal visiting time is up (I believe it is six months for Canadians unless she received a stamp in her passport that says something different). Then if she wants to return again before getting the visa, she should bring a lot of evidence of going back to Canada because she will probably be questioned more than the average tourist.

Perhaps you already knew that, but I just wanted to make sure you knew she didn't have to leave right away if she hasn't already been for six months on this visit!

[soconfused 0]

You guys have been nothing but wonderful and helpful, thank you so much! I really really appreciate you for taking the time to respond to my post. I means much to us!

[MsZ 6]

My husband made it into the US again -- this time when he said he was visiting his wife in NY they asked if he has a job to return to. They didn't ask for any proof, they just wanted an affirmative answer.

[trailmix 77]

You guys have been nothing but wonderful and helpful, thank you so much! I really really appreciate you for taking the time to respond to my post. I means much to us!

Hi soconfused,

Glad you are getting the info you need. I just wanted to give you a link to this thread from the Canada forum Canadian/American waiting out the I-130 in the U.S. which you also might find helpful.

I also wanted to clarify, when I was speaking of "intent" in my response and asked was your intent to get married when she came down, I really meant, was the intent for her to stay, because marrying someone in the U.S., of course, is absolutely A-OK, intending to stay and then filing AOS may or may not be frowned upon ie some people get away with it with no negative consequence, there is a discussion about the pros and cons in the Canada forum as well.

Good luck to you!

[Dylan'sWife 2]

First of all a huge thanks to everyone!! I was so confused earlier but now I got it, it's all making sense to me. If it weren't for you guys, I would have been so lost!! However, I do have another question.

Because I filed the I130 which means that my wife has to be in Canada until her interview process. Is it okay for her to enter the States to visit me? As long as she doesn't stay for more than her 6 months of visa permission, correct?

It's not forbidden for the foreign spouse to 'visit' the USC while waiting it out. I have done it many times.

However, the limit is 182 days per year (some will say 12 rolling months-even certain CBP will say that as it's generally left up to interpretation). I do not think that many Agents will let a spouse enter for that length of time (6 months) while in the visa process as if required the visiting spouse needs to be able to prove ties to their home country and the intent to return. A 6 month visit suggests that you have nothing to return to and all your ties are severed.

Generally, short visits and about 6 weeks between visits will satisfy them.

When I am visiting, I am often asked to show my return ticket and if I have a job. Many VJ members will caution your spouse that they should have a letter of employment, a rental lease, bank statements ect to show they have ties to Canada.Your spouse should also bring a copy of the NOA1 or NOA2 to show help show that you are not trying to circumvent the system.

All this being said, a CBP can refuse entry for any reason; in this case if they suspect immigration fraud. I have always been honest in my dealings with them and there have been a couple times where I felt they were on the fence on if they were going to let me enter or not. You just never know....