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Canadian Married to US Citizen

#1 kay76

kay76

    Newbie

  • Pip

  • Group: Members
  • Joined: 10 Jun 2008
  • Filed for: Other
  • Country: Canada



Posted 10 June 2008 - 06:41 PM

Hello,
I am Canadian and my husban is US citizen. I married my husband in March 08 while visiting the US as a last minute decision as we had been planning a wedding in September of 08. After the wedding, we went back to Canada together. Now we are back in the US and I am here as a visitor. We are now discussing me staying here and getting a green card. What would be the process and forms to use? And is there a way to stay in the US while the application is being processed? Thanks.

Kay76
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#2 emerce

emerce

    Member

  • PipPipPipPip


Posted 10 June 2008 - 06:46 PM

My husband and I got married while he was visiting the US from Canada. I think it would have been better if you had filed the paperwork then and stayed instead of leaving then coming back. The reason I say that is because if you read about it online or talk to a lawyer you will see that the "catch" is that you must prove you had NO idea you were getting married when you came, that it was a whirlwind type thing and you had originally planned on going back. But....since you were married and left then came back it is pretty obvious that you know whats up and just want to wait here while it processes because you dont want to be apart which is completly understandable. I just think you've unfortunately passed your window of opportunity because you cant prove it was spur of the moment after being married for awhile and coming back. Sorry sad.gif
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#3 Moos

Moos

    Member

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Posted 10 June 2008 - 07:01 PM

QUOTE (kay76 @ Jun 10 2008, 07:41 PM) <{POST_SNAPBACK}>
Hello,
I am Canadian and my husban is US citizen. I married my husband in March 08 while visiting the US as a last minute decision as we had been planning a wedding in September of 08. After the wedding, we went back to Canada together. Now we are back in the US and I am here as a visitor. We are now discussing me staying here and getting a green card. What would be the process and forms to use? And is there a way to stay in the US while the application is being processed? Thanks.

Kay76



Kay76:
I agree with E-merce. I am a US citizen married to a Canadian citizen. We got married in the US last year. My pieces of advice are as follows: DO NOT LEAVE the US, get yourself a lawyer quick, and do TONS of your own research on the process. A lawyer that charges a flat fee for thier immigration serivce is best - a lawyer will help you figure out all of your options. With that - you will most likely need to file a change of status to keep you in the US legally and to begin the spouse petition process. If you leave - and the folks at the border realize that you married a US citizen you can be barred from the US until you get your Green Card (which also can hurt your possibility of getting the Green Card). That happend to my husband and we have had to live the last year apart and it has been horrible. Yet, don't leave all of the work to the lawyers - ask lots of questions and do your own research. This site is a great place to start.


Good Luck!
Moos

P.S. If you are from another country orginally (e.g. did not grow up in Canada) or lived for more than 12 months in another country - get ready to get Police Clearances from those countries.
  • 0
Got Married: 12-15-2006
TN Visa Renewal Denied: 05-30-2007
(At the Peace Bridge & Unable to Return to US)
I-130 Sent: 07-16-2007
I-130 NOA1: 07-31-2007
I-130 Approved: 10-03-2007
NVC Received: 10-05-2007
Received DS-3032 / I-864 Bill: 10-15-2007
Pay I-864 Bill: 10-29-2007
Receive I-864 Package: 11-12-2007
Return Completed I-864: 11-26-2007
Receive Instruction Package: 01-07-2008
Case Completed at NVC: 06-24-2008
(403 days from our I-130 filing date)
Consulate Received: 07-11-2008
Packet 4 Received (via email): 07-16-2008
Medical in Toronto: 07-30-2008
Montreal Interview Date : 08-22-2008

(79 days from case completion)
APPROVED for CR-1 8/22 - Yay!!!!
Visa arrives: 8/27/08
Moving date and US arrival: 8/27/08

#4 MsZ

MsZ

    AstroChick



Posted 10 June 2008 - 08:54 PM

I don't think you really need a lawyer to do this. Look at the guides and read about the K-3 or the CR1 and decide which is best for you. I don't really think that adjusting status is an option for you since you know what you know.

The paperwork isn't difficult. It is the waiting that is hard.

That said, we're lucky because Canada and the US have a good relationship and we can come and go in each other's countries w/o a lot of hassle. And I'll tell ya, we have the miles on our vehicles to prove it!
  • 0

Sent I-130 to VT 25-Oct-2007

I-130 Moved to California 6-August-2008

My petition has been in 3 states (1, twice) in 9 months!

Rec'd by CSC 8/9, touched 8/11, 8/12, 8/15, 8/20, 8/25

Approved Tuesday, 25-August-2008

10 months since we mailed the petition

Rec'd NVC 9/3, Invoice Generated 9/10, DS-3032 emailed 9/11.

Rec'd AOS invoice 9/15, paid online 9/15, Accepted as Paid 9/18, mailed I-864EZ 9/19

IV Invoiced 9/18, paid online 9/19, Accepted as paid 9/22

DS-230 sent 10/2

Case complete @NVC 10/8 - 11 months, 1 week and 6 days

Interview in Montreal December 18, 2008 - scheduled 1 year, 1 week and 3 days after the start of our journey. Takes place 1 year, 1 month, 3 weeks and 2 days after the start...

[X] Passed [ ] Failed Interview

Thursday, April 2, 2009 Activated Visa - 1 year, 5 months, 1 week and 1 day


#5 kaya541

kaya541

    Member

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Posted 10 June 2008 - 09:23 PM

Do read the guides for doing the K1 Visa, CR1/IR1, Form I-130 for being married to a USC already. Technically, you can visit the states for up to 6 months, but then you should leave and go back to Canada. It is easy to go back and forth to visit, using the term 'visiting' when crossing the border, and when you do go back to Canada and want to come down and visit, bring proof of ties to Canada if possible(ie, house or apt lease, proof of a job there, etc..). Only if you apply for AOS (adjustment of status) will you have a problem showing intent when you came down to marry because you were not already here on another to type of visit to 'adjust' from. But if you legally file for IR1/CR1, form I-130, you will be okay and not have much to worry about. And yes, it does take a while, some people seem to be lucky lately getting approved in just a couple months while others wait up to a year. But if you stay here in the states longer than the 6 months, you would be considered here illegally and that would pose a problem. By the way, no lawyer needed...just read through this site as much as you can, learn alot, and you can definitely do it yourself. We haven't even filed yet, but I have learned so much on here and am very comfortable just filing the paperwork ourselves now. Also, visit the Canadian forum where you can ask specific Canadian/USC questions and get great answers.
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