Glen

I'm looking for help in any way shape or form...

I'm a Canadian Citizen who has met a USC and moved to live with her and start a new life. We've been together for over a year and so far lived as a married couple for about 2 months. Now I knew when I sold my house and moved to the US at some point I would need to seek employment and become a ''legal'' immigrant. I guess I could be called a tourist as thats about all I've done so far is litteraly get to know the US. I had a modest income tucked away and it's dwindling fast. We did all this as a trial basis so we both knew we were really right for each other...

OK enough about the personal stuff, I need to know what my next move should be. Should I hire a lawyer to help me through all this or should I try to do it myself? I have kids that live with their mom in Canada and I'd like to be able to go back and forth to visit them without worrying about re-entering the US.

So my question is, What should I do next?

Shannon

Ok, this is help in the "first thoughts" vein. I am sure some more exhaustive advice will be forthcoming.

When you say "as a married couple" I gather you are married? My grandmother always described the cohabiting neighbours as "like a married couple" so I am just checking.

If you have married a USC after entering on a visa waiver from Canada you will have to adjust your status to a permanent resident of the US. This is done by your USC spouse submitting an I-130 application for her alien spouse (you) and you submitting an I-485 application to "change status" from tourist to resident. Also, apply for an EAD card to authorize your work.

My USC husband and I have recently completed this process to the stage of having my conditional permanent resident stamp in my passport. It was not easy but it was not that terrible either. You need to do research online (lots of good sites such as k1.exit.com and others) that will be starting blocks.

The process is lengthy. If you want to travel back and forth to Canada you need to apply for advance parole. If you leave the US without it, you abandon your application for residency and (if you have overstayed your visa by certain periods of time) you risk being banned from re-entry for a number of years. Regardless of the ban, you would need to apply for another visa (k3) to reenter the US.

Ok, you are probably quite muddled now. If you use a lawyer you usually have to think less and fill out fewer forms. Visits are easier (less anxiety, more information) but many of this board have done it themselves and feel that they are better informed than many less-switched-on immigration lawyers. Particularly in cases that are a bit blurry, when you have a conviction, or may have done something peculiar. The only thing that looks a bit strange in your case is selling your house and quitting work before entering the US. That looks a lot like an intent to immigrate. However, it looks as if you married many months later, so unless you misrepresented your intentions to the INS I would guess it would be ok.

good luck,
s
'

Glen

Thanks Shannon, this kind of info is what I'm looking for. I've been muddled for years, so a little more isn't going to hurt. Your remark about what looks strange is bang on. I did move here with thoughts that if all went well and we did marry then I would immigrate. I hope that doesn't hinder my future in becoming a resident, but it was a chance I took at the time.

Again, thanks

G

Rete

You haven't answered as to whether you are legally married at this point. Once you are you can file as Shannon said for your Adjustment of Status to that of permanent resident based on marriage to a USC. Depending on where you live and which INS office you will be using, you can either walk in the petitions or have to mail them in. You will need the I-1485 AOS petition, I-130 Immediate Relative Visa, I-864 Affidavit of Support, I-765 if you want to work and if you want to return to visit Canada I-131 for travel and re-entry into the US. Some INS offices require your medical before submission, others after. Only knowing which office you are using will someone be able to tell you what is what in your case.

The processing for AOS can take from one month to 3 years. In the interim the EAD from form I-765 will allow you to work for one year at a time with you having to renew it 90 days before its expiration until you have your AOS interview and approval. The same with the I-131 for Advance Parole.

Obtaining the EAD can take from one day to 90 days to get the initial one and the subsequent renewals. Until you have the EAD in hand you are not eligible to get a social security card and without a social security card you cannot get a US driver's license. Note that the majority of states will allow Canadians to swap their licenses for a US one without testing. You will have to give up your CA license in most states. Also state laws almost uniformly mandate that within thirty days of establishing residency in the state you have to have a state DL. Of course, you might not be able to meet that time criteria with the EAD and SS# issue. If stopped, explain it nicely to the police officer.

Be sure that you and the Missus start complying all your joint documentation attesting to the validity of your marriage. That are joint names on bills, leases, deeds, bank accounts, each other's names are beneficiaries to health, dental and life insurances and retirement plans. Save photos, cards, letters, etc. addressed to both of you. Envelopes as well.

Hey ... it can be done. I married my Canadian with a K-1 but only because I was told we could not do what you are doing. That was almost five years ago. Have learned a lot since then.

Try not to allow the issue of your intent weight too heavily on your shoulders. There is always that possibility that INS will see it for what it is ... an intent to migrate to the US. Then again, the issue might not arise at the interview.

Rete

Glen

Thank you Rete for more great information! The list of forms and documentation is what I was also blurry on and I can see we both have lots of work ahead of us. I'm in the state of Ohio( Between Dayton and Cinci) and very legally married, and loving it. It's been a great adjustment and the futures never been so exciting. My kids have been back and forth a few times and think it's a great move on dads behalf.(which I was hoping to have their support!)
I realize many people have done all the work themselves to become legal residents, but I'm wondering if it's quicker and more effective to have a lawyer help us along.
Any thoughts?

Also what's an EAD? Employment Adjustment document?

Thanks,
G

Rete

Go the FAQ page after my signature. It has great links to various URLs that you will need, such as Social Security, INS, etc. Bookmark them as you use them for future use. Also after my signature is an "experience page" URL. Read up on what was required of people who filed in Cincinnati, Ohio's INS office. You will be filing on the local level, btw.

Rete