K C

Hi all,

I (Canadian) will be getting married in December in Canada, to a US
Citizen. We were planning on living in the US after we get married,
atleast for the first few years and then possibly moving back to
Canada.

When we called the INS they said that once we get married and have the
license in hand, we need to apply for my "green card" at the office in
Louisville, KY. Not really sure if we need to go there in person or
mail the documents in. I'm assuming that processing of these
documents will take 2-3 months at the least. I have a few questions
for any of you who have been through this or are familiar with the
process.

1. Once I apply for US Immigration after getting married, am I allowed
to leave the US? ie. We would probably want to travel back and forth
since my family is in Canada.

2. Assuming the process takes 2-3 months or more, between the time we
get married and the time I get my US status, is there any way I can
get authorization to work in the US? I don't want to sit around in
the US waiting for my green card to process when I can be working in
Canada.

3. If I got a job in the US before hand and worked on a TN visa in the
US(which I have done before) would my green card application kill the
TN visa? or vice versa? ie. can I be on a TN while wiating for my
green card to process?

4. What about the option of getting married in the United States - If
we got married in the US. And put our papers in to get processed in
the US, how long would that typically take? Also, would I be able to
work in the US while waiting.

The problem is we don't want to be living in different cities after we
get married but if my papers aren't going to be ready till 3 months
after we get married then we just might have to do that.

I don't think the fiance visa does any good since we're getting
married in Canada.

If anyone has any suggestions/advice that would be great!

Thanks,

KC

Kristin

KC - Welcome to the wonderful world of immigration. My first piece of
advice for you is to never, never, never rely on the word of the people
who answer the immigration information phones, i.e. the people you
called, aka, the BCIS, formerly the INS.

Secondly, your plans are probably not the most prudent, legal or
effective way of immigrating to the US. Leaving aside your questions
about the TN visa possibility, what you are proposing (marrying in
Canada, entering the US without a visa and then filing to adjust status)
requires you to enter the US AFTER your marriage, with the intent to
immigrate. Our border control people frown on that and may not let you
in - in fact, if you explain what you are doing, they should not let you
in. And if you lie to them about the purpose of your trip, you are
commiting fraud, and can be denied entry, and even banned, as one
uninformed couple found out not too long ago. See this post:

http://britishexpats.com/forum/showt...hreadid=173546

You have several legitimate choices, including marrying in Canada, and
after your marriage, your husband will file for a spousal visa via the
I-130, and then a K-3, which would allow you to come to the US while the
I-130 is being processed. During the time before you have the K-3, you
will not be able to live in the US. I belive the K-3 is currently taking
about 5-6 months for Canadians, but that's just a rough, rough guess.
This will allow you to keep your current wedding plans, but it does mean
a separation after the marriage.

Or you can file for a fiance visa, aka the K-1, which will allow you to
enter the US, marry and file to adjust status. K-1s are taking anywhere
from a three to 12 months to process; your your fiance is in the Texas
Service Center area, which is supposedly currently processing
applications from March.

My best advice to you is to start reading the sites below, and never,
ever rely soley on what the consulate or the BCIS help line tells you.
They do not and cannot control the border control people, and they are
not your attorney, as has been pointed out, so you should not rely on
their information without checking it out first. This newsgroup is a
great place to get info, by the way.

Sorry to bear the bad news, but at least you found this out early! The
bride in the story above didn't, and acting on the advice of the US
consulate, tried to enter the US and got herself a five year ban. Not a
great way to start out your marriage or your relationship with the BCIS.
I've also answered your questions below.

K-1 FAQ (which has info about K-3s, too)
http://bcis.stephenpalik.com/faq/k1faq.htm

BCIS official site:
http://www.immigration.gov/graphics/...spouselive.htm

DocSteen site:
http://www.mindspring.com/~docsteen/...o/visainfo.htm

K C wrote:
    > 1. Once I apply for US Immigration after getting married, am I allowed
    > to leave the US? ie. We would probably want to travel back and forth
    > since my family is in Canada.
Once you have lawful immigrant status in the US, i.e. have gotten your
K-1 and married and filed to adjust status, you may apply for Advance
Parole (AP) which allows you to leave the country. If you come in on a
K-3, you don't need AP, as it the K-3 is a multiple entry visa. Once
you have your greencard and are a permanent resident, you do not need AP
but can leave and enter the country just with your perm resident status.

    > 2. Assuming the process takes 2-3 months or more, between the time we
    > get married and the time I get my US status, is there any way I can
    > get authorization to work in the US? I don't want to sit around in
    > the US waiting for my green card to process when I can be working in
    > Canada.

You do not have to wait for your greencard to get work auth - thank God
because getting the greencard is not a 2-3 month process for most
people. You will apply for an Employment Authorization Document (EAD)
to be able to work before you get your greencard. If you get married in
Canada and file for the K-3, you will be out of work until you get an
EAD. You can file for your EAD before you move, once you have activated
the visa, though, so you could come in once to activate the visa, then
file your EAD paperwork, then move once the paperwork is approved. If
you come in on a K-1 and get married here, you may get an EAD stamp in
your passport at the border which is good for 90 days and then you also
have to file for AOS and the EAD, which can take up to 90 days to receive.

    > 3. If I got a job in the US before hand and worked on a TN visa in the
    > US(which I have done before) would my green card application kill the
    > TN visa? or vice versa? ie. can I be on a TN while wiating for my
    > green card to process?

If you get a TN visa, I believe filing for AOS would not invalidate the
work authorization for that visa, but I know zip about TNs. You may
want to consulate an immigration attorney, or do some research on the
BCIS website.

    > 4. What about the option of getting married in the United States - If
    > we got married in the US. And put our papers in to get processed in
    > the US, how long would that typically take? Also, would I be able to
    > work in the US while waiting.

See my answer above re: the K-1. However, entering the US with the
intent to marry and stay is just as big of a no-no as the bride and
groom from Calgary, so my advice is to forget this plan. It's the rest
of your life - you can't wait a few months to do it the right way?

I'm not sure how long it will take where you live - some offices take
2-3 months, New York City takes 2-3 years. It just depends. In the
time you wait, you can get EAD and AP so you can work. Those generally
take 90 days at the most.

    > The problem is we don't want to be living in different cities after we
    > get married but if my papers aren't going to be ready till 3 months
    > after we get married then we just might have to do that.

Again, if you want to get married in Canada, you are looking at about a
six month wait for your K-3 to be processed and issued, so you're
probably going to be apart.

    > I don't think the fiance visa does any good since we're getting
    > married in Canada.
You may want to reconsider as a K-1 may be a better option than being
apart for the first six months of your marriage.

Good luck in whatever you decide! Kristin

K C

Kristin <[email protected]> wrote in message news:<[email protected]>...
    > KC - Welcome to the wonderful world of immigration. My first piece of
    > advice for you is to never, never, never rely on the word of the people
    > who answer the immigration information phones, i.e. the people you
    > called, aka, the BCIS, formerly the INS.
    >
    > Secondly, your plans are probably not the most prudent, legal or
    > effective way of immigrating to the US. Leaving aside your questions
    > about the TN visa possibility, what you are proposing (marrying in
    > Canada, entering the US without a visa and then filing to adjust status)
    > requires you to enter the US AFTER your marriage, with the intent to
    > immigrate. Our border control people frown on that and may not let you
    > in - in fact, if you explain what you are doing, they should not let you
    > in. And if you lie to them about the purpose of your trip, you are
    > commiting fraud, and can be denied entry, and even banned, as one
    > uninformed couple found out not too long ago. See this post:
    >
    > http://britishexpats.com/forum/showt...hreadid=173546
    >
    > You have several legitimate choices, including marrying in Canada, and
    > after your marriage, your husband will file for a spousal visa via the
    > I-130, and then a K-3, which would allow you to come to the US while the
    > I-130 is being processed. During the time before you have the K-3, you
    > will not be able to live in the US. I belive the K-3 is currently taking
    > about 5-6 months for Canadians, but that's just a rough, rough guess.
    > This will allow you to keep your current wedding plans, but it does mean
    > a separation after the marriage.
    >
    > Or you can file for a fiance visa, aka the K-1, which will allow you to
    > enter the US, marry and file to adjust status. K-1s are taking anywhere
    > from a three to 12 months to process; your your fiance is in the Texas
    > Service Center area, which is supposedly currently processing
    > applications from March.
    >
    > My best advice to you is to start reading the sites below, and never,
    > ever rely soley on what the consulate or the BCIS help line tells you.
    > They do not and cannot control the border control people, and they are
    > not your attorney, as has been pointed out, so you should not rely on
    > their information without checking it out first. This newsgroup is a
    > great place to get info, by the way.
    >
    > Sorry to bear the bad news, but at least you found this out early! The
    > bride in the story above didn't, and acting on the advice of the US
    > consulate, tried to enter the US and got herself a five year ban. Not a
    > great way to start out your marriage or your relationship with the BCIS.
    > I've also answered your questions below.
    >
    > K-1 FAQ (which has info about K-3s, too)
    > http://bcis.stephenpalik.com/faq/k1faq.htm
    >
    > BCIS official site:
    > http://www.immigration.gov/graphics/...spouselive.htm
    >
    > DocSteen site:
    > http://www.mindspring.com/~docsteen/...o/visainfo.htm
    >
    > K C wrote:
    > > 1. Once I apply for US Immigration after getting married, am I allowed
    > > to leave the US? ie. We would probably want to travel back and forth
    > > since my family is in Canada.
    > Once you have lawful immigrant status in the US, i.e. have gotten your
    > K-1 and married and filed to adjust status, you may apply for Advance
    > Parole (AP) which allows you to leave the country. If you come in on a
    > K-3, you don't need AP, as it the K-3 is a multiple entry visa. Once
    > you have your greencard and are a permanent resident, you do not need AP
    > but can leave and enter the country just with your perm resident status.
    >
    > > 2. Assuming the process takes 2-3 months or more, between the time we
    > > get married and the time I get my US status, is there any way I can
    > > get authorization to work in the US? I don't want to sit around in
    > > the US waiting for my green card to process when I can be working in
    > > Canada.
    >
    > You do not have to wait for your greencard to get work auth - thank God
    > because getting the greencard is not a 2-3 month process for most
    > people. You will apply for an Employment Authorization Document (EAD)
    > to be able to work before you get your greencard. If you get married in
    > Canada and file for the K-3, you will be out of work until you get an
    > EAD. You can file for your EAD before you move, once you have activated
    > the visa, though, so you could come in once to activate the visa, then
    > file your EAD paperwork, then move once the paperwork is approved. If
    > you come in on a K-1 and get married here, you may get an EAD stamp in
    > your passport at the border which is good for 90 days and then you also
    > have to file for AOS and the EAD, which can take up to 90 days to receive.
    >
    > > 3. If I got a job in the US before hand and worked on a TN visa in the
    > > US(which I have done before) would my green card application kill the
    > > TN visa? or vice versa? ie. can I be on a TN while wiating for my
    > > green card to process?
    >
    > If you get a TN visa, I believe filing for AOS would not invalidate the
    > work authorization for that visa, but I know zip about TNs. You may
    > want to consulate an immigration attorney, or do some research on the
    > BCIS website.
    >
    > > 4. What about the option of getting married in the United States - If
    > > we got married in the US. And put our papers in to get processed in
    > > the US, how long would that typically take? Also, would I be able to
    > > work in the US while waiting.
    >
    > See my answer above re: the K-1. However, entering the US with the
    > intent to marry and stay is just as big of a no-no as the bride and
    > groom from Calgary, so my advice is to forget this plan. It's the rest
    > of your life - you can't wait a few months to do it the right way?
    >
    > I'm not sure how long it will take where you live - some offices take
    > 2-3 months, New York City takes 2-3 years. It just depends. In the
    > time you wait, you can get EAD and AP so you can work. Those generally
    > take 90 days at the most.
    >
    > > The problem is we don't want to be living in different cities after we
    > > get married but if my papers aren't going to be ready till 3 months
    > > after we get married then we just might have to do that.
    >
    > Again, if you want to get married in Canada, you are looking at about a
    > six month wait for your K-3 to be processed and issued, so you're
    > probably going to be apart.
    >
    > > I don't think the fiance visa does any good since we're getting
    > > married in Canada.
    > You may want to reconsider as a K-1 may be a better option than being
    > apart for the first six months of your marriage.
    >

Kristin,

Thanks for your responses above. The main concern I have is living
apart after we get married. (FYI, I'm male). If that is the only
option enroute to getting a US Immigration Visa it's probably not
going to be our first choice.

We were considering one of the following:


1. Living in Canada (my first choice, but then again I'm Canadian)
2. Both of working in Europe for a year until I get the papers
processed for K-*

Even the option of getting a fiance visa and getting married in the US
is going to take a long time.

I wonder what happens if a Canadian enters the US to visit his
girlfriend, then decides to marry her. Get's married in court or
wherever, then files papers. Is that legal? A Canadian is allowed
to enter the United states, so that part is legal. You're visiting
your girlfriend so it's not too far fetched that you might decide to
get married. Then just file papers. While those papers are being
processed it should be time for our church wedding in ON ;-)

KC

DCMark

What you are suggesting is called visa fraud. Entering the US with the intention of marrying and adjusting status while on any type of visa waiver program (not sure if that is what it is called in Canada) is illegal. You clearly already have intention to marry. If that is discovered during the process you could be in big trouble.

The advice you will get on this NG is to follow the law.

Zenas

I'm getting married in Toronto in February to a US citizen.

This is the legal route we are taking:

Get married in Toronto
File I-130
File K3 (While I am waiting in Canada, I don't leave)
Get K3 (Still in Canada, haven't travelled to US while waiting for K3)
Cross border with K3 (need stamp to apply for EAD)
Move stuff down, and get fingerprinting in us.
Come back to Canada for another 8 weeks while EAD is processing so that I can finish work here, and get more $$. Upon EAD approval, move permanently to US.
Apply for SS on arrival.
Apply for AOS.

The above is all legal. I estimate, with the times right now anyways, 3-4 months and i'll have the K3. Then another 2 months for the EAD. I will be travelling to the US right after my K3 is valid though to activate.

Once you have a K3, you can travel back and forth or just move down the or come back to work for a bit. So, for the 3-4 month wait, it's worth it to do it legally and right the first time.

I don't know of any other working type visas. If you have any questions about the above, please let me know.

candy wy.

DO YOU NOT HAVE TO GET AP BEFORE YOU CAN RETURN TO CANADA AFTER USING K3 VISA ?

K C

DCMark <[email protected]> wrote in message news:<[email protected]>...
    > What you are suggesting is called visa fraud. Entering the US with the
    > intention of marrying and adjusting status while on any type of visa
    > waiver program (not sure if that is what it is called in Canada) is
    > illegal. You clearly already have intention to marry. If that is
    > discovered during the process you could be in big trouble.
    >
    >
    >
    > The advice you will get on this NG is to follow the law.
    >
    >
    >
    > > I wonder what happens if a Canadian enters the US to visit his
    >
    > > girlfriend, then decides to marry her. Get's married in court or
    >
    > > wherever, then files papers. Is that legal? A Canadian is allowed
    >
    > > to enter the United states, so that part is legal. You're visiting
    >
    > > your girlfriend so it's not too far fetched that you might decide to
    >
    > > get married. Then just file papers. While those papers are being
    >
    > > processed it should be time for our church wedding in ON ;-)
    >
    > >
    >
    > KC

The advice I've seen on any this and many other news groups aren't
necessarily just "follow the law". Besides that, most of the "advice"
is what people have heard from someone or possibily experienced
themselves.

Calling BCIS or INS a few weeks ago we were told to get married in
Canada and then enter the US as a Canadian on a visit, then apply for
my papers while in the US. He even said "I wouldn't tell the customs
agents that you guys are married". So much for the law abiding BCIS
/ INS :-)

KC

Zenas

No, if you are on a K3, you DO NOT need and Advanced Parole to travel back and forth.

K C

Zenas <[email protected]> wrote in message news:<[email protected]>...
    > I'm getting married in Toronto in February to a US citizen.
    >
    >
    >
    > This is the legal route we are taking:
    >
    >
    >
    > Get married in Toronto
    >
    > File I-130
    >
    > File K3 (While I am waiting in Canada, I don't leave)
    >
    > Get K3 (Still in Canada, haven't travelled to US while waiting for K3)
    >
    > Cross border with K3 (need stamp to apply for EAD)
    >
    > Move stuff down, and get fingerprinting in us.
    >
    > Come back to Canada for another 8 weeks while EAD is processing so that
    > I can finish work here, and get more $$. Upon EAD approval, move
    > permanently to US.
    >
    > Apply for SS on arrival.
    >
    > Apply for AOS.
    >
    >
    >
    > The above is all legal. I estimate, with the times right now
    > anyways, 3-4 months and i'll have the K3. Then another 2 months for
    > the EAD. I will be travelling to the US right after my K3 is valid
    > though to activate.
    >
    >
    >
    > Once you have a K3, you can travel back and forth or just move down the
    > or come back to work for a bit. So, for the 3-4 month wait, it's worth
    > it to do it legally and right the first time.
    >
    >
    >
    > I don't know of any other working type visas. If you have any questions
    > about the above, please let me know.

Thanks for the response. I actually had a couple of questions ...
can you send me a note so I could respond to you via email?

Thanks!

Justtcutingup

R U MARRING FOR LOVE R IS IT FOR CONVEINCE

Zenas

KC, can you PM me with your Phone #, (if you are in Toronto area), otherwise, please send me your questions via PM. I'll answer any questions I can.

I'd be happy to help, but I can't give out my email, as the only one I have is my work one.

thanks

K C

[email protected] (JUSTTCUTINGUP) wrote in message news:<[email protected]>...
    > R U MARRING FOR LOVE R IS IT FOR CONVEINCE

If it were for convenience I'd be quite content staying in Canada!
Besides, don't have to walk around with a kevlar vest up there ;-)

Unfortunately my fiance wants to live around her family for a few
years, so I'm gong to have to put up with the bureaucracy inorder to
please her.... if that's not love I dunno what is!

KC

Hypertweeky

Nobody wants to be apart from their loved ones but it is NECESSARY in order to get in the country THE LEGAL WAY.
I have been apart from my hubby a month.. and I am telling you it seems like forever, I am pretty sure I am going to be apart for at least 5 or 6 months more, It is very hard and Only God Knows how much we miss each other, we are not alone though, we have each other and our families.. and we know that at the end of this dark tunnel called IMMIGRATION.. we are gonna be together!! ,You can accept it and start doing something to be with your loved one.. or either being misserable..

Take care and good luck!!