Anne

Hello everyone
I have read questions, answers and advice here on the alt.visa.us
forum from the past and I am wondering I may ask some questions
pertaining to my situation.

Here is the situation with My Fiance and myself
    : I am a Canadian engaged to a PR (he became a PR through marriage to
a USC -since then they have divorced- and his PR conditions have been
lifted). He is in the US I am a Canadian Citizen still living in
Canada .I am wanting to go to the US to live with him - but I am
wanting to stay there and not have to return to Canada- unless it is
for travel reasons to see family here.
I know I can go down for 6 months as a tourist, but what can i do
after this to extend my stay or to permanently stay in the USA.
    : He and I will get married in November 2003, in the US.
    : Can he and I marry while he is still a PR?
    : Can we marry in the USA and I file the sponsorship application, and
change of status for myself to a non immigrant visa in the USA? If we
can not marry in the USA - why ? (INS- Vancouver said I we couldn't
marry in the US but gave no reason as to WHY we couldn't)
    : Can I wait in the USA while files a pending with INS in the state we
will reside in: meaning can I stay in the USA while we are awaiting
arrival of the authorization on the sponsorship application I-130- and
continue to wait there until i have been give my visa number??
: Could I apply for Work permission while waiting for I-130 to
authorize a visa number- and still wait there until i actually got the
visa number?
    : What is the normal waiting period if filing in he USA? How long
would i have to wait before I could work there?
    : While I am on a sponsorship application- his status can change from
a PR to a Citizen in 3 years- will that effect me or what would we do
then?
    : Can I - travel to the US as a tourist (Canadians do not need visas
or anything for 6 month stay in the US) - change status to a student
visa (to extend my stay while we prepare for a wedding then he and I
marry in the USA next year - then change my status to a sponsorship ?
    : If I got pregnant and gave birth in the USA while waiting for
authorization of an I-130 does this cause any problems? What rights
would the child have ? What would we have to do at that point - if it
were to happen?

The Visa Bulletin is showing Family Cat. 2 Pref has like a 5 year
waiting period that the married people have to live apart. If I go
down as a tourist though- change status to either a Student - OR Marry
him and change the status to a I-130 what is the least waiting time
then- and the moost extreme that can happen?

Here is the other thing... Still this is a Family Cat. but what am I
? 3rd or 4th Preference?
    : My father is an American citizen, he was in the Viet.War- a-walled
from the US when he was 19 (5 years after the age 14 to still qualify
as a Citizen) , he came to Canada and is a landed immigrant in Canada-
not a citizen he has never given up his US Citizenship. Five years ago
the US finally cleared his name and granted him permission to return
to the US to either live or travel as he still has all his family
member there. He was finally discharged from the Marine Corp with a
non honorable discharge- however he has PTSD (post traumatic stress
disorder) and is currently being covered by the VA for all his
medical issues and treatments in Detroit that he goes to every few
weeks from Toronto. He is by law STILL an American Citizen with even
the rights to medical treatments in the USA. He has never been issued
a passport for he has never traveled except the one time he has come
to Canada in 1970 when he a-walled. When I was born in 1975 he never
registered me with the US Consulate as a child born to an American
Citizen born abroad... Problem number 1
    : Problem 2 - I am now over the age of 21 and now fall into a
different Family Category but I am not sure if it is 2 or 3
prefrence-
    : IF my father who is living in Canada but is a US Citizen sponsored
me CAN I go to the USA and file my application in the USA- and remain
in the USA while the application is being processed?
    : Could I apply for Work permission while waiting for I-130 to
authorize a visa number- and still wait there until i actually got the
visa number?

I am very confused now with this entire matter, or what my steps
should be or could be to at least extend my stay in the US after the
allowed 6 month tourist is over. If you have any ideas helpful hints
or advice please advise me..

Thank you very much . Anne

Mrtravel

You normally can not adjust status based on marriage to a PR.
If you marry a PR, immigration is not "immediate" as it would be for a
US citizen.
It can take 6 or 7 years to immigrate as a spouse of a PR.