KarenCee

OK...here's my question. If my fiancé (Canadian) and I (American)
marry in his country, but want to live here in the US, what do we have
to do for that to happen? All of this is so frustrating...all we want
to do is be together and for him to find a job here in the States. I
don't understand, nor will I pretend to even like, all the hoops we
have to jump through for us to be together. I know we're not the only
ones though. I just need some support, from those who have been there,
or those who are there now, on this journey. Please...will someone out
there help me? Thanks...KarenCee

Jesse_t

There should be no problem. You can marry in Canada and then your husband can enter the US as a visitor for 6 months with no visa required. Afterwhich you will need to file I-485, I-130, I-864 and I-693 (for this last form (medical) you will need to check with your local office to see if you submit it now or wait till it is requested). You will also need to fill in Biographic forms G-325A for both you and your future husband. All four pages of each of the G-325A forms will need to be filled out.

The optional forms are: I-131, if your husband plans to travel outside the US while his application is being processed, I-765 if he plans to work within the US while the application is being processed.

All forms should be sent to the Chicago Lockbox address. If sending thru US Postal Service, then submit it to:
U.S. Citizenship and Immigration Services
P.O. Box 805887
Chicago, IL 60680-4120

-Jesse

Noorah101

Actually, that is not true. After you are married, he is not supposed to come to the USA with the intent to remain and adjust status.

The correct method would be to marry in Canada, if that's what you desire....then file the I-130 from within the USA once she returns. From there, it will progress on to an eventual visa interview in Canada, and he'll receive the correct visa (IR-1) for entering the USA as an immigrant.

The other option, which I don't know is any faster at the moment, is the K-3 visa. Similar in the fact that the I-130 is filed from the USA upon her return, and with the receipt notice from the I-130 she can then file the I-129F and progress from there on to an eventual visa interview in Canada, then he can receive the visa (K-3) for entering the USA as the spouse of a USC.

If he comes in on the K-3, there are 2 options: 1. Go back to Canada when the time comes for his IR-1 visa interview, and then come back and receive his PR status immediately; or 2. remain in the USA to adjust status, which THEN is done by filing the I-485 here in the USA.

The option mentioned of coming here with no visa, with the intent to remain and adjust status to PR, is not legal.

Best Wishes,
Rene

Noorah101

Just an added note: If he comes in on the IR-1 visa, he will be allowed to work and travel immediately. If he comes on the K-3, he will need to apply for EAD in order to work and get his SSN, but he can travel on the K-3 visa for 2 years.

Rene

Hypertweeky

What you suggest is NOT legal, it is fine to get married in Canada.. but coming to the US with an immigrant intent under a non immigrant is nothing but trouble, same thing if they get married in the US and adjust from a non immigrant visa. You shouldn't dispense this type of advice.
To the OP, read this link, if you have any questions come back and ask, we'll be happy to help, Welcome to the NG!
http://www.visajourney.com/faq/k1faq.htm

meauxna

Maybe there shouldn't be a problem, but you've just given them the recipe for a major problem, young grasshopper.

The process you are doing is significantly different as you are/were already *in* the US when you started.
Please curb this kind of advice to people *outside* the US on this forum.
thanks

Just Jenney

Dude, you're giving out major misinformation.

In reading the other four posts you've made thus far on this site, it sounds like you've possibly done what you're advising the OP to do. If so -- that is, if you entered the US as a visitor with the intention of staying and adjusting status as you've described above -- then you seriously might want to rethink your plans.

~ Jenney

Jesse_t

I still say if you've entered the country legally with a valid Visa or on legal status (i.e. a Canadian citizen for less than 6 months), you should be able to adjust your status if you have the required sponsorship. Unless the law has changed recently ,wasn't this was always allowed???

Example, many spouses of US citizens enter the country on K-3 non-immigrant Visas. Does this mean they would not be able to adjust their status? Also some Canadians obtain TN Visas to live and work in the US legally, does this mean if their spouse is a US citizen, they would not be able to adjust their status? That would be silly. Many Canadians (I personally know 2) have obtained work-based Green Cards while maintaining their TN Visa, never once switching to a H1B.

I thought as long as you are legally in the country, and your spouse is a US citizen, you should not have any problems in adjusting your status. I guess I was wrong then?!?!?

-Jesse

Just Jenney

Yes, you are wrong.

~ Jenney

Jesse_t

I guess info. on this link is incorrect then? Read the statement about Canadian visitors...

http://www.usavisanow.com/marriagegreencardinfo.html

Noorah101

Hi Jesse,

If you are already in the USA, under some other visa (one which allows adjusting status - some don't), and then you meet the love of your life and decide to marry after you've already come to the states, then yes, you can do that.

In the OP's scenario, they already know they want to marry in Canada and then move here with the intent to adjust status. THAT is the part that's not allowed. You should not have immigrant intent when entering the USA on a visitor's visa. That's what the K3 and K1 are designed for specifically.

I hope that clears up the difference.

Rene

Jesse_t

Thanks Rene. You did indeed clear things up. The key issue here which I was not clear on is the "intent" factor.

If a Canadian visitor legally enters the US with no visa, with intent of simply to visit, does not surpass his/her 6 months allowed but then unexpectedly gets married while in the US, he/she would be be able to file for an adjustment of status within the US. However, if the intent was to enter the US simply to get married so he/she may obtain a green card, that would not be allowed.

In some situations however, the "intent" factor is not so black and white. Say an American/Canadian couple residing in Canada, move to the US after the Canadian spouse obtains a TN Status for a new job within the US. The intent was to move to the US due to a new job, however since the other spouse is American, would the Canadian spouse be allowed to apply for an adjustment of status?

Once again thanks for the clarification Rene. Your help is much appreciated ... Jesse

Hypertweeky

The OP's situation is much much different. Entering the US with an immigrant intent under the vwp, tourist visa or other non immigrant "option" (let's not get too deep here.. ) is just not legal. There isn't such thing as what draws the line.. we are talking a complex area of the law (I guess in immigration everything is very complex lol).. but the intent is what makes the "difference".
It is ok to be confused..just don't advice people on stuff you are not sure about, I have done it! and I got in "trouble" around here, I am still around so I guess It wasn't so bad

Jesse_t

yup. You are indeed right about immigration issues being a complex area. What initially appears as black and white from the surface is in reality a complex set of many possible scenarios that could occur. Problem is the immigration scenarios are so numerous that they cannot all be documented.

- Jesse

Noorah101

No problem, Jesse, glad I could help.

Unfortunately, I know nothing about the TN visa and how it works with a spouse involved. Can't help you there, sorry.

Best Wishes,
Rene