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Where do i go from here?

By exotica in Canada

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exotica Newbie

exotica   0

Posted
Filed: Timeline
Posted

I cam to the usa as a visitor but fell in love and want to get married now! I came here january 24th and I understand we canadians are special we can stay vistors for up to 6 months unlike other country. Well I do not know what to do tho should me and my partner get married if we are in love? I am staying with him right now and legally i can be here till July 24th thats when six months is up! Im not sure what i should do? Any advice or help please?

Brother Hesekiel Mentor

Brother Hesekiel   2,236

Posted
Filed: Other Timeline
Posted

You can get married, then have your spouse file for adjustment of status via forms I-131, I-485, and, since it doesn't cost anything extra, I-761. Not a problem at all as long as you don't leave again until the AOS ids approved. Welcome to America!

There is no room in this country for hyphenated Americanism. When I refer to hyphenated Americans, I do not refer to naturalized Americans. Some of the very best Americans I have ever known were naturalized Americans, Americans born abroad. But a hyphenated American is not an American at all . . . . The one absolutely certain way of bringing this nation to ruin, of preventing all possibility of its continuing to be a nation at all, would be to permit it to become a tangle of squabbling nationalities, an intricate knot of German-Americans, Irish-Americans, English-Americans, French-Americans, Scandinavian-Americans or Italian-Americans, each preserving its separate nationality, each at heart feeling more sympathy with Europeans of that nationality, than with the other citizens of the American Republic . . . . There is no such thing as a hyphenated American who is a good American. The only man who is a good American is the man who is an American and nothing else.

President Teddy Roosevelt on Columbus Day 1915

dovs Rookie

dovs   0

Posted
Filed: Country: Philippines
 Timeline
Posted

You can get married, then have your spouse file for adjustment of status via forms I-131, I-485, and, since it doesn't cost anything extra, I-761. Not a problem at all as long as you don't leave again until the AOS ids approved. Welcome to America!

what if the spouse is LPR, can he/she file for adjustment of status?

tvivle Contributor

tvivle   0

Posted
Filed: Country: Philippines
 Timeline
Posted

You can get married, then have your spouse file for adjustment of status via forms I-131, I-485, and, since it doesn't cost anything extra, I-761. Not a problem at all as long as you don't leave again until the AOS ids approved. Welcome to America!

i would like to clarify.. the adjustment of status can be filed by a u.s citizen spouse or an lpr?

Ready2Kl Explorer

Ready2Kl   1

Posted
Filed: Country: India
 Timeline
Posted

I cam to the usa as a visitor but fell in love and want to get married now! I came here january 24th and I understand we canadians are special we can stay vistors for up to 6 months unlike other country. Well I do not know what to do tho should me and my partner get married if we are in love? I am staying with him right now and legally i can be here till July 24th thats when six months is up! Im not sure what i should do? Any advice or help please?

What do you mean SPECIAL? Typically most of the people on valid visitor visa get an entry stamp for 6 months at POE. I doubt you have any special preference. Even after that anyone on valid visitor visa can apply to USICS for extension when they are here in USA and they can get another 6months valid extension in case it is approved by USCIS. In your case if you are in love and get married then you should file for adjustment of Status by filing for I-130 and I-485 and adjust your status to permenant resident.

i would like to clarify.. the adjustment of status can be filed by a u.s citizen spouse or an lpr?

AOS(I-485) can be filed only by USC. LPR has to go through consular processing.

9/1/2009: Applied for I-130

9/14/2009: NOA1 for I-130

9/21/2009: NOA1 for I-129F (CSC)

9/25/2009: NOA1 received for I-129F (receipt of mail)

01/08/2010 : Thank you very much Jesus..... NOA 2 129F

01/08/2010 : NOA 2 I-130

01/15/2010 : Embassy gets the approval notice (Awesome..Love K3...so glad we have done K3)

01/20/2010: Embassy schedules interview for K3

02/19/2010: K3 interview over and approved.

[Thank You very much Jesus and our heavenly father.]

Married2009 Proficient

Married2009   32

Posted
Filed: Lift. Cond. (apr) Country: Canada
 Timeline
Posted

What do you mean SPECIAL? Typically most of the people on valid visitor visa get an entry stamp for 6 months at POE. I doubt you have any special preference. Even after that anyone on valid visitor visa can apply to USICS for extension when they are here in USA and they can get another 6months valid extension in case it is approved by USCIS. In your case if you are in love and get married then you should file for adjustment of Status by filing for I-130 and I-485 and adjust your status to permenant resident.

AOS(I-485) can be filed only by USC. LPR has to go through consular processing.

Canadians don't need visas, I think that is what Exotica meant. Other than that, no special treatment.

Married: 01/02/09

I-130 filed: 11/06/09

NOA1: 11/13/09

NOA2: 02/11/10

NVC received: 02/18/10

Case complete @ NVC: 04/14/10

Interview @ Montreal: 07/13/10 - Approved

POE: Sweetgrass, MT, 08/07/10

Filed for ROC: 07/20/12

Biometrics appt: 08/24/12

astronaut Explorer

astronaut   3

Posted
Filed: IR-1/CR-1 Visa Country: Canada
 Timeline
Posted

Don't leave the US, talk to an immigration atty, and be prepared to not be able to work for several months. There used to be a 30-60-90 day rule about when to file your papers so that the USCIS didn't question your intent for entering the US to begin with. Apparently there have been some recent changes in that rule, where the USCIS is not questioning those who file as early as after 30 days. An immigration atty can be very helpful to explain that to you. Just my 2 cents.

I-130 Received Date per letter Feb 22, 2010

I-130 NOA1 Notice Date per letter Feb 28, 2010

I-130 Touched March 2, 2010

I-130 Touched March 23, 2010 no e-mail despite e-mail alert on, thankful nonetheless!

Kids Register of Birth Abroad & passport appointment March 31st, 2010 approved.

I-129F NOA1 April 8, 2010 (Let's see what happens with this K3 application) ugh!

I-129F Touched June 15, 2010

I-129F RFE (our atty forgot to complete 2 lines)

I-130 Approved June 23, 2010 121 days from NOA1

I-129F RFE details Received by USCIS July 7, 2010

I-130 Case # at NVC obtained July 8, 2010

I-130 NVC sent affidavit of support and visa bills July 8, 2010

I-129F approved by USCIS and sent to NVC

I-129F confirmed received by NVC and per supervisor, it will be administratively closed

I-129F letter recvd of administratively closed K3 app Aug 2, 2010

Flames9_RN Grand Master

Flames9_RN   358

Posted
Filed: IR-1/CR-1 Visa Country: Canada
 Timeline
Posted

No really need to get an attorney. There are Cdn members on this board that came to the USA and AOS'd. All comes down to ones intentions! If you came to the USA with NO intention of staying, but did, thats fine! BUT if you had that plan all along, well thats illegal! But seriously, you with at least 3 brain cells knowing this, is going to say, "ya, I came and stayed knowingly!!" lol

Canadians Visiting the USA while undergoing the visa process, my free advice:

1) Always tell the TRUTH. never lie to the POE officer

2) Be confident in ur replies

3) keep ur response short and to the point, don't tell ur life story!!

4) look the POE officer in the eye when speaking to them. They are looking for people lieing and have been trained to find them!

5) Pack light! No job resumes with you

6) Bring ties to Canada (letter from employer when ur expected back at work, lease, etc etc)

7) Always be polite, being rude isn't going to get ya anywhere, and could make things worse!!

8) Have a plan in case u do get denied (be polite) It wont harm ur visa application if ur denied,that is if ur polite and didn't lie! Refer to #1

warlord Proficient

warlord   73

Posted
Filed: Citizen (pnd) Country: Canada
 Timeline
Posted

I cam to the usa as a visitor but fell in love and want to get married now! I came here january 24th and I understand we canadians are special we can stay vistors for up to 6 months unlike other country.

You don't need one if you are from Bermuda either. Plus many other countries are on the Visa Waiver program and also do not need travellers visas. So Canada is not unique...

I'm just a wanderer in the desert winds...

Timeline

1997

Oct - Job offer in US

Nov - Received my TN-1 to be authorized to work in the US

Nov - Moved to US

1998-2001

Recieved 2nd, 3rd, 4th, 5th TN

2002

May - Met future wife at arts fest

Nov - Recieved 6th TN

2003

Nov - Recieved 7th TN

Jul - Our Wedding

Aug - Filed for AOS

Sep - Recieved EAD

Sep - Recieved Advanced Parole

2004

Jan - Interview, accepted for Green Card

Feb - Green Card Arrived in mail

2005

Oct - I-751 sent off

2006

Jan - 10 year Green Card accepted

Mar - 10 year Green Card arrived

Oct - Filed N-400 for Naturalization

Nov - Biometrics done

Nov - Just recieved Naturalization Interview date for Jan.

2007

Jan - Naturalization Interview Completed

Feb - Oath Letter recieved

Feb - Oath Ceremony

Feb 21 - Finally a US CITIZEN (yay)

THE END

john_and_marlene Mentor

john_and_marlene   162

Posted
Filed: Citizen (apr) Country: Philippines
 Timeline
Posted

what if the spouse is LPR, can he/she file for adjustment of status?

No

05/16/2005 I-129F Sent

05/28/2005 I-129F NOA1

06/21/2005 I-129F NOA2

07/18/2005 Consulate Received package from NVC

11/09/2005 Medical

11/16/2005 Interview APPROVED

12/05/2005 Visa received

12/07/2005 POE Minneapolis

12/17/2005 Wedding

12/20/2005 Applied for SSN

01/14/2005 SSN received in the mail

02/03/2006 AOS sent (Did not apply for EAD or AP)

02/09/2006 NOA

02/16/2006 Case status Online

05/01/2006 Biometrics Appt.

07/12/2006 AOS Interview APPROVED

07/24/2006 GC arrived

05/02/2007 Driver's License - Passed Road Test!

05/27/2008 Lifting of Conditions sent (TSC > VSC)

06/03/2008 Check Cleared

07/08/2008 INFOPASS (I-551 stamp)

07/08/2008 Driver's License renewed

04/20/2009 Lifting of Conditions approved

04/28/2009 Card received in the mail

Bobby+Umit Mentor

Bobby+Umit   161

Posted
Filed: Lift. Cond. (apr) Country: Turkey
 Timeline
Posted

No really need to get an attorney. There are Cdn members on this board that came to the USA and AOS'd. All comes down to ones intentions! If you came to the USA with NO intention of staying, but did, thats fine! BUT if you had that plan all along, well thats illegal! But seriously, you with at least 3 brain cells knowing this, is going to say, "ya, I came and stayed knowingly!!" lol

True- but the person they married is not an USC, but an LPR - different rules apply.

My Advice is usually based on "Worst Case Scenario" and what is written in the rules/laws/instructions. That is the way I roll... -Protect your Status - file before your I-94 expires.

WARNING: Phrases in this post may sound meaner than they were intended to be. Read the Adjudicator's Field Manual from USCIS

Flames9_RN Grand Master

Flames9_RN   358

Posted
Filed: IR-1/CR-1 Visa Country: Canada
 Timeline
Posted

True- but the person they married is not an USC, but an LPR - different rules apply.

Opps, didn't see the LPR part!!

Canadians Visiting the USA while undergoing the visa process, my free advice:

1) Always tell the TRUTH. never lie to the POE officer

2) Be confident in ur replies

3) keep ur response short and to the point, don't tell ur life story!!

4) look the POE officer in the eye when speaking to them. They are looking for people lieing and have been trained to find them!

5) Pack light! No job resumes with you

6) Bring ties to Canada (letter from employer when ur expected back at work, lease, etc etc)

7) Always be polite, being rude isn't going to get ya anywhere, and could make things worse!!

8) Have a plan in case u do get denied (be polite) It wont harm ur visa application if ur denied,that is if ur polite and didn't lie! Refer to #1

Flames9_RN Grand Master

Flames9_RN   358

Posted
Filed: IR-1/CR-1 Visa Country: Canada
 Timeline
Posted

Just curious, where does it state her/his partner is a LPR??? Is it from another post he/she wrote??

Canadians Visiting the USA while undergoing the visa process, my free advice:

1) Always tell the TRUTH. never lie to the POE officer

2) Be confident in ur replies

3) keep ur response short and to the point, don't tell ur life story!!

4) look the POE officer in the eye when speaking to them. They are looking for people lieing and have been trained to find them!

5) Pack light! No job resumes with you

6) Bring ties to Canada (letter from employer when ur expected back at work, lease, etc etc)

7) Always be polite, being rude isn't going to get ya anywhere, and could make things worse!!

8) Have a plan in case u do get denied (be polite) It wont harm ur visa application if ur denied,that is if ur polite and didn't lie! Refer to #1

 
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