Ok I need all the help I can get. I just recently married my boyfriend of 3 1/2 yrs a week ago. Our son was born in Canada. We have frequently came to kentucky to visit and never had a problem going through customs/immigration at the border. I want to know how do I go about becoming legal here in the U.S. and I also want to know how can I start working a.s.a.p. We already filed the birth abroad for our son, but whats next. We have prepaid legal helping us but I would like to move faster than they are helping. Someone tell me the best and quickest way to get this paper work started. I know there are a few different forms what ones would best fit my situation. I am here in the u.s. now visiting but do not have a visitors visa or any kind of documentation regarding my visitors status right now. thanks

Hi there, and welcome to VJ

What you do at this point is up to you, but I'll give you a bit of info to help you make a more informed decision. There are two ways for you to gain permanent residency in the US so you may live and work, and most importantly, be with your husband
Option #1: Apply for a K3 visa. There is a guide that explains the whole process here.

Option #2: Apply for a CR1 visa. A guide for this process can be found here.

Most of us these days seem to find the CR1 visa to be the wiser option, since it provides you with instant permanent residency upon entry, and along with that, the ability to work right away once your greencard arrives in the mail.

The K3 generally is viewed as the faster of the two visas, but unless you live in Manitoba or an area farther westward, it really takes about the same amount of time. (If you live in the western half, your interview will be scheduled in Vancouver, which is a much faster Consulate than Montreal.)

CR1's are automatically adjudicated in Montreal, whereas a K3 will be sent to either Montreal or Vancouver, depending on where you live.

Due to the massive fees associated with AOS (Ajustment of Status), and the headaches alone going through AOS after arriving in the US, CR1 does seem to be the preferred route these days, but that choice is up to you!

Feel free to stop in at the Canada forum as well. It's always nice to hear feedback from people within your area that are going through the same process as yourself, and don't worry, most of us don't bite

The first thing is to have your husband file a I-130 on your behalf. The only way to make it work faster is to make sure that your husband or you provide all the information and requested documents as if you fail to do so it will create delays in processing your request.
Unfortunately, with the state of the USCIS today and the wait time in Montreal you are looking at at least a year to be able to join your husband.
You can not start working until you receive your greencard, you get that soon after your CR-1 (I-130) visa is approved.
If you enter on a K3 visa ( after you husband receives an NOA1 for the I-130 he can submit a I-129f for the K3- but that is taking just as long as the I-130 approvals so it probably won't help get in the US any faster )

THIS IS IMPORTANT.
Make sure than in your 'visits' to your husband that you don't stay longer than 6 months total in any 12 constitutive months. Also make sure you bring plenty of proof that you are returning home to Canada.

Where do you reside now?

Where did you reside when you got married?

Did you decide to marry before or after your last entry to the US?

Start with the guides because the answers to your questions depend on the circumstances.

right now i still legally reside in canada but am in the us and plan to be here until i figure out what im doing with the paper work. someone told me that if i do leave and try to re-enter into the u.s.a. i might have a problem getting back into the country. my sons father and I had been talking about getting married on and off but nothing was set. when i came to visit last we went to get a marriage license and then got married.

So, you entered the US with no plans to marry and have not yet left the US. In that case you probably don't need a visa at all. You just need to adjust status. Please read the guide for people who married in and reside together in the US.

Correct me if I am wrong Pushbrk but won't this be difficult for her to do since she didn't enter on a visa so there is no status to adjust. I also think it will be challenging to prove that she had no immigrant intent with her last visit since most people need to plan a move like this ahead of time. I also don't think the possible ban if the AOS is refused is worth the risk.

a lot of people visit the US and then decide to get married and adjust status... even a few people on this site have gone that route...

Actually, you have a valid point but the problem is not a lack of a visa but the lack of any documentation of entry. Canadians may or may not get a stamp in their passport indicating their entry date. Just how this is dealt with is beyond my knowledge. That's why I said "probably" and advised the OP to start by reading the appropriate guide.

If there was no clear intent to marry and stay upon your last entry, you should get a consultation with an immigration lawyer about your options. You may not have to leave the US. Do not leave the US until you have sorted out what you will be doing, and if you decide to adjust status, do not leave the US until the process is finished. Good luck!

I have only heard of two Canadians on this forum doing it and they both entered the US on actual visa's.

Again, I think that in this particular case she will have a hard time showing no immigrant intend because she obviously isn't working (maternity leave) and most likely already abandoned her residency. I doubt she owns a home or rents an apartment that is currently sitting vacant.

With everything that is going on with the USCIS now, I am sure that they are going to start seeing a dramatic increase of people entering the US under under claimed different pretense then getting married and adjusting their status. I imagine they will soon be demanding a very heavy burden of proof that immigrant intent was not planned.

I strongly do not feel that the benefits of going this route out way the risks.

You might try searching and/or asking in the Adjustment of Status forum. There are some Canadians who have adjusted without visas or entry documentation. Immigration is aware that they're not issued to Canadian visitors. You may also wish to do some research at the USCIS.gov site. All the best.

Thank you to all for your input. I appreciate all the input and incourage more feedback. I feel like my hands are tied because I am just not sure which route to go. I have been told by many hiring an immigration lawyer is costly and basically a waste of time cause the paper work to fill is basic. the only problem im having is i don't know what forms to file.

You should definitely start with a consultation with a lawyer. Most will give a free or low cost consultation. It should help you determine whether or not you are able to file for adjustment of status. And then you can decide to figure out the rest on your own with the help of this forum.

One thing to note is if you stay and adjust status now, it still may be a long while before you're able to legally work. And without work authorization, you can't collect Canadian EI benefits while you're here. You also can't go back home to gather up all your stuff and belongings and tie up loose ends until you have your green card.