Canadian Marrying US Citizen in US

[Fluke 0]

Hello,

Thanks in advance for reading/your help.

I am trying to make sense of the process for marriage in terms of paperwork/logistics/time frame and its not easy to come across info. I figured a few of you have probably done this and know the ins and outs and can share with us.

My fiancee lives in the US, I live in Canada. We met on vacation almost 3 years ago, and thought it was time for us to stop having a "weekend relationship". We are trying to decipher the marriage/immigration process so that I can move to the US and be with her, but also work and lead a normal life.

From what we understand, the best way is to getting married in the US and file from the US.

So from my understanding, we must file form i485 which is an application for adjustment of status. I spoke to an attorney and they had told me because of the Canadian visa waiver program, I technically do not have "status" as a visitor, so there is nothing to change. Is this true? What are the implications of this?

Additionally, a lot of the paperwork is asking for "I94" form. I was not aware of this requirement as all they do is check my passport quickly and welcome me in when I drove over the border. Will not having an I94 be an issue for filing of paperwork? Is there an alternative document I can obtain or will I need to travel back home?

Also, I was told that while this i485 is pending, I cannot work or travel out of the US. How long does usually last? I am aware there is "advanced parole"... But I am curious if I can travel after I receive my "work permit" (the one typically received in 2-3 months after filing) or if I have to wait until our interview/green card before traveling?

These are the major issues at stake for us and we hope to get these taken care of so we can finally stop using Skype and long drives.

Please let me know if you need any more info to help you understand our situation. Thanks in advance!!

[yohino 22]

If you use a non-immigrant visa (or VWP) for immigration purposes then it's fraud. Which could land you a lifetime ban from the US.

So if I were you I would re-think the plan.

Either file a K1 right now (fiance-visa) or get married and file for a CR-1 (spousal-visa).

[Rhiannercakes 14]

Going to the US with the intention of marrying, STAYING and Adjusting status is illegal.

You should look into the fiancee visa or the CR-1.

[FireRay 1]

You do not have any visa's with the US right? You just visit using a passport?

My wife and I used to travel back and forth using passports. My wife and I got married in the states. She lives in Canada, and I live in the US. She came for a visit, we got married and then she went home. Once she went home we filed the I-130(Petition for Alien Relative)and all of the supporting documents/fees with USCIS. The timeframe for approval of that varies and seems to take shorter time for some, and longer for others. Once USCIS approved our petition, they sent it off to the NVC. And Then you start sending things into the NVC.

I suggest you look at I-130 guide IR1/CR1

Thats assuming you get married first and then decide to do the immigration process.

To sorta give you and Idea... We started our whole immigration process in January, now we are waiting for an interview to be scheduled in Montreal. So expect it will take some time for this whole process.

There is also the K-1 if you choose to go that route. K-1

Coming here on a different type of visa with the intent to marry is illegal..and you would never be allowed into the US.

Id suggest doing it correctly.

Hope that helps some.

Edited May 14, 2010 by FireRay

[trailmix 77]

Hi and welcome,

You might want to have a look at this page, it is a comparison chart between the different visas - might help you decide between a K1 or CR1, good luck!

If you use a non-immigrant visa (or VWP) for immigration purposes then it's fraud. Which could land you a lifetime ban from the US.

So if I were you I would re-think the plan.

Either file a K1 right now (fiance-visa) or get married and file for a CR-1 (spousal-visa).

As an aside, a K1 visa IS a non-immigrant visa.