Theburnsides

Need advice here:

US citizen married a Canadian citizen in Canada. Canadian was in US
on a Student Visa, which expired before they got married. We both
came back to the US to live and had our honeymoon here. The US INS
officer said nothing to us about filing paperwork (and we weren't
smart enough to ask what we should do). We now have been married over
a year and have a baby who is a US citizen. We all live in the US,
and have no paperwork filed. We do NOT wish to be apart at all. How
do we file paperwork? I'm assuming we can file the I-130 in the US
and then once we receive the AON (that's what its called right?) then
we can file for a K3 visa. How long does it take to get approval for
a K3? Once we get a K3 we both need to go to Montreal (only INS in
Canada), and get that paperwork done, right? How long after we file
the K3 will it take for us to get approved and then how long do we
have before we need to go to Montreal? Once we get the K3 in Montreal
we're all legally allowed back into the US, correct? And once back in
the US we need ti file the I=485 right away right? Keep in mind we
are all in the US and wish to all stay together in the US until we
need to go back to Montreal to pick up the forms since we have no
paperwork stating an allowance to be in the US even though we were
legally admitted! We just can't go pick up the paperwork at our
nearest INS office since technically the Cdn doesn't have paperwork
approving them to be here. Hope that makes sense. Please help.
Timelines and How to's would be helpful! Thanks!
[email protected]

David

You'll want to file an AOS and also, you will need to pay the $1000 penalty
fee and file the addendum to the AOS. That's for starters. If she leaves the
country, she'll not be let back in, and you'd ALSO need to get a waiver for
the 3/10 year exclusion. I wouldn't plan on leaving the country with her
until the AOS is submitted along with the penalty fee...

David

"TheBurnsides" wrote in message
news:[email protected]...
    > Need advice here:
    > US citizen married a Canadian citizen in Canada. Canadian was in US
    > on a Student Visa, which expired before they got married. We both
    > came back to the US to live and had our honeymoon here. The US INS
    > officer said nothing to us about filing paperwork (and we weren't
    > smart enough to ask what we should do). We now have been married over
    > a year and have a baby who is a US citizen. We all live in the US,
    > and have no paperwork filed. We do NOT wish to be apart at all. How
    > do we file paperwork? I'm assuming we can file the I-130 in the US
    > and then once we receive the AON (that's what its called right?) then
    > we can file for a K3 visa. How long does it take to get approval for
    > a K3? Once we get a K3 we both need to go to Montreal (only INS in
    > Canada), and get that paperwork done, right? How long after we file
    > the K3 will it take for us to get approved and then how long do we
    > have before we need to go to Montreal? Once we get the K3 in Montreal
    > we're all legally allowed back into the US, correct? And once back in
    > the US we need ti file the I=485 right away right? Keep in mind we
    > are all in the US and wish to all stay together in the US until we
    > need to go back to Montreal to pick up the forms since we have no
    > paperwork stating an allowance to be in the US even though we were
    > legally admitted! We just can't go pick up the paperwork at our
    > nearest INS office since technically the Cdn doesn't have paperwork
    > approving them to be here. Hope that makes sense. Please help.
    > Timelines and How to's would be helpful! Thanks!
    > [email protected]

Rete

There is absolutely NO reason for you to return to Canada. Remain in the US, file the -1485 and I-130 at the LOCAL BCIS office along with the various other applications and wait for your adjustment of status interview. You can apply for permission to work if you want with form I-765.

Go here: http://k1.exit.com/http://k1.exit.com/

and under tourist adjustment you can read what you need to do.

Rete

Capt_kirk

Actually you may want to return to Canada because:

* Universal healthcare
* More liberal immigration policies and proceedures
* You won't have to pay a 1000 dollars fine

Are job prospects better in Canada? possibly another reason to live there.


Rete wrote:

    > There is absolutely NO reason for you to return to Canada. Remain in
    > the US, file the -1485 and I-130 at the LOCAL BCIS office along with
    > the various other applications and wait for your adjustment of status
    > interview. You can apply for permission to work if you want with
    > form I-765.
    > Go here: http://k1.exit.com/http://k1.exit.com/
    > and under tourist adjustment you can read what you need to do.
    > Rete
    > Originally posted by Theburnsides
    > > Need advice here:
    > >
    > > US citizen married a Canadian citizen in Canada. Canadian was in US
    > > on a Student Visa, which expired before they got married. We both
    > > came back to the US to live and had our honeymoon here. The US INS
    > > officer said nothing to us about filing paperwork (and we weren't
    > > smart enough to ask what we should do). We now have been married over
    > > a year and have a baby who is a US citizen. We all live in the US,
    > > and have no paperwork filed. We do NOT wish to be apart at all. How
    > > do we file paperwork? I'm assuming we can file the I-130 in the US
    > > and then once we receive the AON (that's what its called right?) then
    > > we can file for a K3 visa. How long does it take to get approval for
    > > a K3? Once we get a K3 we both need to go to Montreal (only INS in
    > > Canada), and get that paperwork done, right? How long after we file
    > > the K3 will it take for us to get approved and then how long do we
    > > have before we need to go to Montreal? Once we get the K3 in Montreal
    > > we're all legally allowed back into the US, correct? And once back in
    > > the US we need ti file the I=485 right away right? Keep in mind we
    > > are all in the US and wish to all stay together in the US until we
    > > need to go back to Montreal to pick up the forms since we have no
    > > paperwork stating an allowance to be in the US even though we were
    > > legally admitted! We just can't go pick up the paperwork at our
    > > nearest INS office since technically the Cdn doesn't have paperwork
    > > approving them to be here. Hope that makes sense. Please help.
    > > Timelines and How to's would be helpful! Thanks!
    > [email protected]
    > --
    > Posted via http://britishexpats.com

David

"Capt_Kirk" wrote in message
news:[email protected]...
    > Actually you may want to return to Canada because:
    > * Universal healthcare
    > * More liberal immigration policies and proceedures
    > * You won't have to pay a 1000 dollars fine
    > Are job prospects better in Canada? possibly another reason to live there.

Oh give me a break.. I live in Canada now and I can tell you that healthcare
is a joke (especially in Alberta). It takes a YEAR to get an MRI.
Immigration process might be easier and there's no $1000 fine, but, the
simple fact is that the US is cheaper to live in: and you can earn more
money (and KEEP more money) than in Canada. Healthcare isn't free in
Canada--you pay for it in taxes or levies. At least in the US it's up-front
about the costs.. Not buried in taxes. You also have CHOICE! If I live in NY
and want treatment in CA, that's ok. If I live in Alberta and want treatment
in BC, that's too bad. Alberta Health just wont cover out-of-province
healthcare.

Besides, maybe they don't want to live in Canada.. hmm?

David

Rete

This couple does NOT have to complete, submit and pay $1,000 for Supplemental I-485A.

They only need to file the I-485 and the normal $255 fee.

She is married to a USC and that makes her exempt from the need to file I-1485A. Read the instructions, as I just did, to verify.

Rete

Mrtravel

David wrote:
    >
    > You'll want to file an AOS and also, you will need to pay the $1000 penalty
    > fee and file the addendum to the AOS. That's for starters.

David wrote:
    >
    > You'll want to file an AOS and also, you will need to pay the $1000 penalty
    > fee and file the addendum to the AOS. That's for starters. If she leaves the
    > country, she'll not be let back in, and you'd ALSO need to get a waiver for
    > the 3/10 year exclusion. I wouldn't plan on leaving the country with her
    > until the AOS is submitted along with the penalty fee...
    >
    > David

Ron

Split personality? Once mrtravel, then MRTRAVEL. ;-)

--
"We must respect the other fellow's religion, but only in the sense and to
the extent that we respect his theory that his wife is beautiful and his
children smart." - H. L. Mencken


"MRTRAVEL" wrote in message
news:[email protected]...
    > David wrote:
    > >
    > > You'll want to file an AOS and also, you will need to pay the $1000
penalty
    > > fee and file the addendum to the AOS. That's for starters.
    > David wrote:
    > >
    > > You'll want to file an AOS and also, you will need to pay the $1000
penalty
    > > fee and file the addendum to the AOS. That's for starters. If she leaves
the
    > > country, she'll not be let back in, and you'd ALSO need to get a waiver
for
    > > the 3/10 year exclusion. I wouldn't plan on leaving the country with her
    > > until the AOS is submitted along with the penalty fee...
    > >
    > > David