Cdnpixie

I've been getting conflicting reports from friends... Here's the story.. I'm a
Canadian Citizen, but I've been staying in the States on a visitor status ( no visa
required between our countries ).. Steve and I filed for our K1...we were hoping to
get married September, but it took so long to get all our documents ( long form birth
certificates from CA take 60 to 90 days...from Alberta Canada was 2 weeks).....
Anyway, I'm now being told from a few online friends that we can go ahead anyway and
get married, then file the K3....and I won't have to leave the US, will get a green
card to work, etc.... Is this correct?...and if so...what's the timeline? Is the K3
route the best way to go? HELPPPPPPPPPPPPPP!!!!!!!!! Damn, I thought I had this all
figured out, and now I'm confused again........

Sandi

Shannon

I am going to preface this comment with Not An Expert and haven't a clue about K3s BUT....

I thought if you entered the US legitimately and did not commit visa fraud (ie, did not come with the intent to marry) you could marry in the US and simply file the 1-130 and I-485. None of this K visa stuff. I understood the K visas are for fiances and spouses who are OUT of the country wanting to enter.

Once you are here and married the USC files the 1-130 to apply to have you as his / her "alien spouse". this includes the affadavit of support.

At the same time you file the I-485 to adjust your status from tourist / visitor to permanent resident.

The downside is that it is less easy to "leave" the US while the INS wades through your and thousands of other applications. BUT you're together for that period. you can apply for "advance parole" if you need to.

Once you marry you should file the I-485 and I-130 stuff ASAP if you are out of legal visa status as you're in a tricky limbo until you do.

I entered the US as a visitor and married while here and am part way through the adjustment process myself.

Distrust this advice.

Shannon

Shannon

Here's a link about AOS experiences that will give you some idea of the time involved. Make sure you look at the AOS :: I-130 times rather than the K1 - > I-485 ones.

http://www.kamya.com/aos/

I applied for my EAD (work authorization) and AP at the time of application and received the EAD within 6 weeks.

shannon

Margaret

Shannon <[email protected]> wrote in message
news:<[email protected]>...
    > I am going to preface this comment with Not An Expert and haven't a clue about
    > K3s BUT....
    > I thought if you entered the US legitimately and did not commit visa fraud (ie, did
    > not come with the intent to marry) you could marry in the US and simply file the
    > 1-130 and I-485. None of this K visa stuff. I understood the K visas are for
    > fiances and spouses who are OUT of the country wanting to enter.
    > Once you are here and married the USC files the 1-130 to apply to have you as his /
    > her "alien spouse". this includes the affadavit of support.
    > At the same time you file the I-485 to adjust your status from tourist / visitor to
    > permanent resident.
    > The downside is that it is less easy to "leave" the US while the INS wades through
    > your and thousands of other applications. BUT you're together for that period.
    > you can apply for "advance parole" if you need to.
    > Once you marry you should file the I-485 and I-130 stuff ASAP if you are out of
    > legal visa status as you're in a tricky limbo until you do.
    > I entered the US as a visitor and married while here and am part way through the
    > adjustment process myself.
    > Distrust this advice.
    > Shannon



One question....Once you've already sent in the petition for the K-1, can you now
cancel it and go through with a K-3 instead? Something you may want to check into
carefully. From what I've been told, you cannot do that.

Margaret

Girard Bourque

You might want to call the national hotline to ask them. Reason I say this is
because you are not on a visa when you first get here and are only allowed to stay a
certain amount of time with the visa.

Jerry