Elk Grove Resident

Hello

I am a Canadian citizen - my fiancee is an American citizen

I am visiting the US and am staying here legally as a visitor until March
2006 (the date that was stamped on my passport).

I entered the US and when speaking with the immigration officer at the
airport, I was honest and forthright and clearly stated my intention to
marry my fiancee as soon as I could obtain the documents I will require for
a fiance visa (marriage and divorce certificate for a past marriage of
mine), and after my fiancee applied for a fiance visa for me. The
immigration officer stamped my passport with the date of 6 months ( March
2006) from my date of entry into the US and wished me luck.

My fiancee has not yet filed the I-129F Petition for Alien Fiance(e), G-325A
Biographic Information or I-765 Application for Employment Authorization on
my (our) behalf. We have these three forms and are filling them out.

We want to get married ASAP.

We want to apply for a Visa for me and for Authorization for Employment for
me as I want to become employed here in the US ASAP. I do not have a
University Degree or the qualifications to apply for a work Visa.

I want to get a Social Security Number, as I will require one to work.

************************************************** **

We want to do things in the right order, and we don't want for me to have to
go back to Canada to do them.

We fear that if we get married right now (before filing I-129F), it might
interfere with my obtaining a Fiance Visa. (We are both legally free to
marry and have the documents to prove it).

What about if my fiancee files the I-129F and then we immediately get
married? Would the I-129F be rejected?

We want to know the best way for two people in our situation, who are madly
in love, to remain together in the US and to get married ASAP.

If anybody knows the best way to do this, from their experience and
knowledge, would you please share that info with me, and perhaps with this
group?

Thank you very much in advance!

bionomique

Once married, you would no longer be a fiancé for immigration purposes or any, for that matter ~ so it'd be a "no go" for the I-129 fiancé petition. You can marry and return to Canada, submit and await the processing of a spousal petition, or remain unmarried and return to Canada and await the fiancé visa. Marrying whilst here and remaining in order to adjust status might be tricky, since you declared that you wished to get married ASAP and gave the POE agent the impression that you would be following normal procedure.

meauxna

[QUOTE=Elk Grove Resident
"We want to get married ASAP."[/QUOTE]
If that's your primary consideration, get married.

If there are other considerations, like 'must be able to work immediately upon moving to the US' or 'do not want to be separated after we're married' or must live in US together ASAP regardless' then those things might help with the immigration portion of your questions.

Elk Grove Resident

Thanks for replying

I didn't intentionally mislead the immigration (POE=Point Of Entry?) officer
at all - I very clearly stated that we were going to apply for the fiancee
visa ASAP and that we would marry ASAP - two things I have always had the
intention of doing - I may have been unclear on the order of the steps
necessary or the timeline, but I explained my intentions as clearly as I
could - the agent did ask me questions that I answered honestly and to the
best of my ability. I even discussed with her that I understood the
importance of being straightforward - not misleading or being deceptive.

Does anybody know which official agency I should direct my questions to, at
this stage?

Although my respondent said it might be tricky, it was not stated that it
was impossible.

Thanks in advance...

Noorah101

Hi,

If you wish to enter the USA on a K-1 fiance visa, then don't get married now, as that will make it impossible to get the fiance visa, as you'll be married.

If you still choose the fiance route, the USC can submit the I-129F while the Canadian fiance is still here visiting, but the Canadian must return to Canada for K-1 visa processing when the time comes.

If you choose to get married now, in the USA, that's fine...then you'll be going for a spouse visa instead. The paperwork is a bit different from the fiance visa, but the end result is the same...the Canadian should still go back to Canada for visa processing at the consulate, in order to enter the USA with the appropriate marriage visa.

From what you told the officer at the POE, you had intended to pursue the fiance visa. But now you're not sure, right?

Best Wishes,
Rene

Noorah101

Hi,

You can still accomplish this. You can apply for the fiance visa (well, you can submit the I-129F which is the first step) as soon as you have all the forms and backup docs ready. The next step is to get the K-1 visa (back in Canada) and then enter the USA in order to get married within 90 days. Both of those are ASAP. One is immediate, and the other takes several months to accomplish, but still is as soon as possible. It takes time to go through the immigration process.

It might be best to have a consultation with an immigration attorney. You can find one at www.aila.org.

Best Wishes,
Rene

Rete

Clearly you entered the US to live with your fiancee for a minimum of six months and I am assuming you have enough savings in order to provide your support or that she earns enough to support you for six months while you are living with her.

The others have told you what you should know and figured out without having to stay what you did. How can a married spouse apply for a Fiancee Visa? Sounds very simple to me. They can't. A Fiancee is only available if you are free to marry. If you are already married you are not free marry.

If you went the K-1 Fiancee Visa route you would be eligible to work for the 90 days the visa is valid for once you enter the US. You would also be eligible to apply for and receive a Social Security Number. In order to continue to be eligible to work, you come to the US with the K-1 issued you by the US Consulate, get married asap, file immediately for adjustment of status and work authorization. It will take a maximum of 90 days for the EAD document.

As a spouse you are not eligible for either until you apply for adjustment of status and work authorization. Once you have the work authorization then you are eligible to apply for and get a social security number. Not before. The EAD employment authorization document at this point is good for one year and has to be renewed if you have not adjusted status before its expiration. It will then take from 10 days to 10 weeks for the social security number as your status has to be verified by the social ssecurity administration with the CIS.

There is no quicker way to get employment authorization for at least a 90 day period then the K-1 visa. To get married while a visitor, after verbally being honest with the examiner at the POE, might or might not be an issue. You were honest and admitted you were going to visit a fiancee and also said you were going for the fiancee visa. Now you are talking about just marrying without it and then applying for residency and work authorization. Can you do this? There is nothing stopping you from doing this. However, there is always the chance that your admission at the POE might come back to haunt you. Then again it might not. The choice is yours how you wish to proceed.

Good luck.

meauxna

I *still* don't understand what it is that you want.
Now you're talking about misleading the officer at the border.

One question I will answer for you: do NOT direct your questions to the official agency. Their help line is known as the MisInformation Line. They rarely give correct information, and are not responsible if they give you wrong information.


EDIT for BE: I merged the 2 threads for britishexpats.com readers; the OP is posting through Usenet.

Matthew Udall

I'm not sure what you are asking either.

Let me ask:
Are you in the U.S?
Did you enter with a tourist visa?
If so, when did you apply for and obtain that visa?
Were you engaged when you applied for the tourist visa?
Are you now married?

Rete

He is from Canada and a Canadian. No tourist visa. However, he did get an I-94 in his passport good for a six month stay. Had advised POE that he was affianced and was applying for Fiancee Visa for purpose of marriage to a USC.

Now is in the US and not sure if he wants K-1 or just to marry and adjust.

meauxna

Or marry, leave and I-130-->IV.

ian-mstm

Oh dear god... not another one!

Ian

Elk Grove Resident

Thank you very much for all your replies - I have a lot more to go on now -
I'll be following your leads and following up on your information you were
so kind as to share with me, and with the group.

"Rete" <[email protected]> wrote in message
news:[email protected] m...
    > > Hello
    > >
    > > I am a Canadian citizen - my fiancee is an American citizen
    > >
    > > I am visiting the US and am staying here legally as a visitor until
    > > March
    > > 2006 (the date that was stamped on my passport).
    > >
    > > I entered the US and when speaking with the immigration officer at the
    > > airport, I was honest and forthright and clearly stated my intention
    > > to
    > > marry my fiancee as soon as I could obtain the documents I will
    > > require for
    > > a fiance visa (marriage and divorce certificate for a past marriage of
    > > mine), and after my fiancee applied for a fiance visa for me. The
    > > immigration officer stamped my passport with the date of 6 months (
    > > March
    > > 2006) from my date of entry into the US and wished me luck.
    > >
    > > My fiancee has not yet filed the I-129F Petition for Alien Fiance(e),
    > > G-325A
    > > Biographic Information or I-765 Application for Employment
    > > Authorization on
    > > my (our) behalf. We have these three forms and are filling them out.
    > >
    > > We want to get married ASAP.
    > >
    > > We want to apply for a Visa for me and for Authorization for
    > > Employment for
    > > me as I want to become employed here in the US ASAP. I do not have a
    > > University Degree or the qualifications to apply for a work Visa.
    > >
    > > I want to get a Social Security Number, as I will require one to work.
    > >
    > > ************************************************** **
    > >
    > > We want to do things in the right order, and we don't want for me to
    > > have to
    > > go back to Canada to do them.
    > >
    > > We fear that if we get married right now (before filing I-129F), it
    > > might
    > > interfere with my obtaining a Fiance Visa. (We are both legally free
    > > to
    > > marry and have the documents to prove it).
    > >
    > > What about if my fiancee files the I-129F and then we immediately get
    > > married? Would the I-129F be rejected?
    > >
    > > We want to know the best way for two people in our situation, who are
    > > madly
    > > in love, to remain together in the US and to get married ASAP.
    > >
    > > If anybody knows the best way to do this, from their experience and
    > > knowledge, would you please share that info with me, and perhaps with
    > > this
    > > group?
    > >
    > > Thank you very much in advance!
    > Clearly you entered the US to live with your fiancee for a minimum of
    > six months and I am assuming you have enough savings in order to provide
    > your support or that she earns enough to support you for six months
    > while you are living with her.
    > The others have told you what you should know and figured out without
    > having to stay what you did. How can a married spouse apply for a
    > Fiancee Visa? Sounds very simple to me. They can't. A Fiancee is only
    > available if you are free to marry. If you are already married you are
    > not free marry.
    > If you went the K-1 Fiancee Visa route you would be eligible to work for
    > the 90 days the visa is valid for once you enter the US. You would
    > also be eligible to apply for and receive a Social Security Number. In
    > order to continue to be eligible to work, you come to the US with the
    > K-1 issued you by the US Consulate, get married asap, file immediately
    > for adjustment of status and work authorization. It will take a maximum
    > of 90 days for the EAD document.
    > As a spouse you are not eligible for either until you apply for
    > adjustment of status and work authorization. Once you have the work
    > authorization then you are eligible to apply for and get a social
    > security number. Not before. The EAD employment authorization document
    > at this point is good for one year and has to be renewed if you have not
    > adjusted status before its expiration. It will then take from 10 days
    > to 10 weeks for the social security number as your status has to be
    > verified by the social ssecurity administration with the CIS.
    > There is no quicker way to get employment authorization for at least a
    > 90 day period then the K-1 visa. To get married while a visitor, after
    > verbally being honest with the examiner at the POE, might or might not
    > be an issue. You were honest and admitted you were going to visit a
    > fiancee and also said you were going for the fiancee visa. Now you are
    > talking about just marrying without it and then applying for residency
    > and work authorization. Can you do this? There is nothing stopping you
    > from doing this. However, there is always the chance that your
    > admission at the POE might come back to haunt you. Then again it might
    > not. The choice is yours how you wish to proceed.
    > Good luck.
    > --
    > I'm not an attorney. This disclaimer is valid in NYS!
    > Posted via http://britishexpats.com