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US Immigration from Canada





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Does USCIS care about Ontario common law relationships?
3:35 pm today

Klam



Read 28 Times
1 Replies



I'm actually not too worried here but I just wanted to get some opinions and experiences. I am a USC and my fiance is a Canadian citizen living in Toronto. We will be getting married at city hall next month and filing and I-130 to start the CR-1 process. Prior to meeting me, she was engaged to a different partner which she eventually separated from. The two were never legally married, never had any form of ceremony, and always filed their taxes separately and as "Single". However, they did jointly buy an apartment which they lived together in for over 3 years. I recently learned that under Ontario law, this is establishes a "common law relationship" which apparently means that parties can be entitled to alimony (among other things). When things fell apart, she got a lawyer involved to draft a separation which didn't end up with any alimony or ongoing issues (she just sold her equity in the property to her ex).

My question is whether or not USCIS/DOS will consider this a form of marriage in anyway (i.e., do we need list as a former spouse on I-130A? Do we need to show proof of separation?). Based on my reading of USCIS guidelines, the answer is no. Furthermore, it seems Ontario doesn't even consider common-law relationships to be full marriages (the rights granted are not the same between a legal marriage and a common-law relationship). Any Canadians here have any further insight on the matter?



 
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tired
2:28 am today

ash & eric



Read 278 Times
11 Replies



we have been waiting since 11/24/2018 ( I know many of you are much longer).... I'm just tired and frustrated and frankly angry when I see December filers from our country being approved. Are we at the bottom of someone's basket???? Are our names too common? Did we merit additional time? Are we denied? Damn I just want to know SOMETHING!!!!! Sorry needed to vent :(



 
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Huge confusion regarding marriage/K1/AoS after speaking to lawyer
8:56 pm yesterday

Klam



Read 713 Times
20 Replies



I just finished a phone consultation with an immigration lawyer (wanted to ask about the possibility of a TN status while an immigration petition was pending) and am left very confused regarding certain matters.

I am a USC living in New York and my fiance is a Canadian citizen living in Toronto. We are currently planning for her to travel to New York in the next couple weeks on a visitor status, get married, and then have her return to Toronto. Afterwards, we will file an I-130 with the goal of getting a CR-1 immigration visa via consular processing. I was just told by this lawyer that this is not possible, and that she needs a K-1 in order to travel to the US for marriage purposes. This is not my understanding of things at all.

Furthermore, she claims that if she were to travel to the US as a visitor and get married at city hall, she could just stay here while we file the I-130, I-485, and adjust status. My understanding is this is visa fraud and could make huge problems for us. She states that although she's not supposed to travel to the US with immigration intent, it's not hard for her to just tell USCIS that it was a spontaneous decision to get married and stay here and that they usually don't question this for a USC spouse.

I am left very suspicious about this advice as this goes completely against everything I understand about the process. Could somebody here please clarify?



 
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Can I visit my family in Canada with I-131
7:46 pm yesterday

mubblefubbles



Read 71 Times
6 Replies



Hello All,

I am filing for my adjustment and status along with my application for travel document Form I-131.

I would like to visit my family in the next six months. On special instructions, it says I can only leave the country for emergency reasons.

"

PART 7

a. If you are in the United States and seek an Advance Parole Document, you may apply if:

(1) You have a pending application to adjust status, Form I-485, and you seek to travel abroad temporarily

for urgent humanitarian reasons or in furtherance of a significant public benefit, which may include a

personal or family emergency or bona fide business reasons.

Has anyone here been able to leisurely visit family using this document?

Jane



 
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Change of name on SSN during CR1 Process?
4:41 pm yesterday

HarryWL



Read 40 Times
1 Replies



So I'm currently going through the CR1 process and i'll have my NOA2 in a few short months. I've worked in the United States previously so I already have a SSN. I was wondering if anyone knows if I can go ahead and change the name on my SSN even though I'm currently waiting on my visa / working status in the United States.

Obviously I won't be able to work still just because I changed my name, but is it possible to do this now just to save time at a later date? I live 20 minutes from the United States so going to an office wouldn't be an issue if changing it now is possible.

Any advice would be greatly appreciated.

Thanks.



 
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