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unusual situation, I think, but hopefully not!

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unusual situation, I think, but hopefully not!

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Old Jan 8th 2003, 9:16 am
  #1  
Amy
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Default unusual situation, I think, but hopefully not!

I married a Canadian citizen here in the US on December 22. He came
her via car, over the border, with no visa. As I said, we're now
married.

What do I do to start the process of getting him "legal"? I really
don't know what paperwork to start with or what to do, but I am
totally stressed about it. Can someone help?

Thanks,

Amy in NC
 
Old Jan 8th 2003, 10:29 am
  #2  
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Im not sure, but I think your husband will need to go back to Canada while you file the paper work for the K3 visa. But don't take my word for it.

go to www.clearedforlanding.com, that is the lawyer I am using. (Steven Riznyk) I believe he has a 1 800 number on there, it may be worth giving him a call to see what he has to say.

Congratulations and Good luck!

Glenda
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Old Jan 8th 2003, 11:12 am
  #3  
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Default Re: unusual situation, I think, but hopefully not!

Originally posted by Amy
I married a Canadian citizen here in the US on December 22. He came
her via car, over the border, with no visa. As I said, we're now
married.

What do I do to start the process of getting him "legal"? I really
don't know what paperwork to start with or what to do, but I am
totally stressed about it. Can someone help?

Thanks,

Amy in NC
Amy

Your Canadian husband does not have to return to Canada. If he did not commit fraud at the border when crossing he can stay and adjust status. You will need to file forms

I-130 Immediate Relative Visa
I-485 Adjustment of Status Petition
I-864 Affidavit of Support
(2) G-325A's Bio Forms (one for you and one for him)
I-765 Employment Authorization document
I-131 Travel Permit for Advance Parole if he wants to travel back home when it is issued to put his former life in order.

He will need his long form birth certificate, as will you or a passport, to prove citizenship, ADIT photos, registered marriage certificate, three years of tax returns, etc.

Go to this link: http://k1.exit.com/touristframes.html

It will explain it all in details. Note that the prices are incorrect. They have not been updated.

You can file the forms you need and the prices at the INS website which is:

http://www.ins.usdoj.gov/graphics/index.htm

You will file everything for him at the local INS office for your jurisdiction. Do not send anything to the service center.

Rete
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Old Jan 16th 2003, 3:42 pm
  #4  
Yvonne
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Default Re: unusual situation, I think, but hopefully not!

Hi..I'm from singapore...i just got married 2nd jan and i got here on
a b-2 on the 22nd dec. have a couple qs which any kind of help wil be
greatly appreciated

1. INS askd me if my intent was to get married here and i said no.
Does that constitute as fraud because honestly that wasn't my intent,
i was gonna stay here and leave in january. the marriage was just an
impromptu kind of thing.

2. I have my B-2 stamped again till july 2003 when i went to the
bahamas for a quick get away and the INS officer did not ask me any qs
of that nature. should i just go ahead with the AOS because i haven't
have a clue as to what immigration policies are till after i got
married and started to do some reading up while i am here. I'm still
debating on leaving in march 2003 because the initial plan was just
for me to come visit and go back home and apply for school in march.
On the other hand, i would like to stay with my husband. What kinda
advice would you suggest? and my husband is in the USAF if that even
really matters.

Thank you in advance to anybody out there who can suggest
anything...

Rete wrote in message news:...
    > Originally posted by Amy
    > > I married a Canadian citizen here in the US on December 22. He came
    > > her via car, over the border, with no visa. As I said, we're now
    > > married.
    > >
    > > What do I do to start the process of getting him "legal"? I really
    > > don't know what paperwork to start with or what to do, but I am
    > > totally stressed about it. Can someone help?
    > >
    > > Thanks,
    > >
    > > Amy in NC
    >
    > Amy
    >
    > Your Canadian husband does not have to return to Canada. If he did not
    > commit fraud at the border when crossing he can stay and adjust status.
    > You will need to file forms
    >
    > I-130 Immediate Relative Visa
    > I-485 Adjustment of Status Petition
    > I-864 Affidavit of Support
    > (2) G-325A's Bio Forms (one for you and one for him)
    > I-765 Employment Authorization document
    > I-131 Travel Permit for Advance Parole if he wants to travel back home
    > when it is issued to put his former life in order.
    >
    > He will need his long form birth certificate, as will you or a passport,
    > to prove citizenship, ADIT photos, registered marriage certificate,
    > three years of tax returns, etc.
    >
    > Go to this link: http://k1.exit.com/touristframes.html
    >
    > It will explain it all in details. Note that the prices are incorrect.
    > They have not been updated.
    >
    > You can file the forms you need and the prices at the INS website which
    > is:
    >
    > http://www.ins.usdoj.gov/graphics/index.htm
    >
    > You will file everything for him at the local INS office for your
    > jurisdiction. Do not send anything to the service center.
    >
    > Rete
 
Old Jan 16th 2003, 6:37 pm
  #5  
Shannon
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I would read the information on
<a href="http://www.mindspring.com/~docsteen/visainfo/visainfo.htm">this website</a> and then ask any further questions regarding your situation.

My first thought is that, even for an impromtu wedding, you married VERY soon after arriving. In general terms that means the INS will view your marriage as visa fraud - since you married within 30 days of arriving. It will be up to you to prove that you did not have the intent to marry - and I have no idea what that entails.

Shannon
 
Old Jan 16th 2003, 11:16 pm
  #6  
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My husband arrived March 29, 2002. We married less than two weeks later on April 12, 2002.

This wasn't mentioned in our recently successful AOS interview.

I believe there would have to be a clearly stated law that says you can't marry within 30 days of arriving, etc. for the INS to be able not grant his Adjustment of Status. Since there isn't, I would say they should have no problem, but they will have to prove that their marriage isn't fraudulent like everyone else... married for 10 days or two years.

Good Luck
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Old Jan 17th 2003, 3:28 am
  #7  
Shannon
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Originally posted by jeninifer
My husband arrived March 29, 2002. We married less than two weeks later on April 12, 2002.

This wasn't mentioned in our recently successful AOS interview.
I'm glad to hear you had no problems... and wish the poster the same luck!

Shannon
 

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