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Sokolov

Canadian in the US - No Visa - Married

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Okay... I am from Canada and I came to the US to visit my girlfriend for awhile. And while I was down here, we decided to get married.

Now, I am finding out that we probably should not have done that as it is illegal to try and immigrate now? I am very confused and frustrated. I had put together a full package of immigration papers (I-130) and adjustment of status, but according to the guide here, if I try to do this, it will be considered immigration fraud.

I even already got my medical examinations and stuff too, but now I am getting scared that I will screw this whole thing up (and annoying my wife in the process with my incessant worrying).

Is there no way I can stay in the US while we do this?

Edited by Sokolov

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For more information, we were planning on filing I-130 for the Visa and I-485 for Adjustment of Status concurrently.

Hi! My husband and I were in a similar situation. How long were you in the U.S. before you got married? If it was less than 60 days then you'll have a REALLY tough time convincing USCIS that you did not intend to marry and immigrate when you crossed customs to get into the US then it could be considered fraud.

If it was more than 60 days then I think you can just file for an AOS.


USCIS
August 12, 2008 - petition sent
August 16, 2008 - NOA-1
February 10, 2009 - NOA-2
178 DAYS FROM NOA-1


NVC
February 13, 2009 - NVC case number assigned
March 12, 2009 - Case Complete
25 DAY TRIP THROUGH NVC


Medical
May 4, 2009


Interview
May, 26, 2009


POE - June 20, 2009 Toronto - Atlanta, GA

Removal of Conditions
Filed - April 14, 2011
Biometrics - June 2, 2011 (early)
Approval - November 9, 2011
209 DAY TRIP TO REMOVE CONDITIONS

Citizenship

April 29, 2013 - NOA1 for petition received

September 10, 2013 Interview - decision could not be made.

April 15, 2014 APPROVED. Wait for oath ceremony

Waited...

September 29, 2015 - sent letter to senator.

October 16, 2015 - US Citizen

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Thanks for your reply! Even seeing there was a reply was comforting *sighs*

I just counted... 61 days - that's cutting it close! I arrived on April 27th, and we got married while visiting friends in Reno on June 28th.

How did your's work out? Did you file concurrently as well?

Another curiosity for me is what address I should be for my I-485, and for my biographic information, and on my medical papers etc. I understand for the I-485 form I need to be using the US address I tend to live at, but what about the others? I still have a room in Canada with things of mine.

Edited by Sokolov

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Thanks for your reply! Even seeing there was a reply was comforting *sighs*

I just counted... 61 days - that's cutting it close! I arrived on April 27th, and we got married while visiting friends in Reno on June 28th.

How did your's work out? Did you file concurrently as well?

Another curiosity for me is what address I should be for my I-485, and for my biographic information, and on my medical papers etc.

I am currently in the Canada and my husband is in America so we are in a different situation than y'all now. you need to put where you are living NOW.

PS did you need to get your medical done now? They should send you a package in the mail indicating what you need for the medical.

Did you consult a lawyer? what makes you think you are doing it illegally?


USCIS
August 12, 2008 - petition sent
August 16, 2008 - NOA-1
February 10, 2009 - NOA-2
178 DAYS FROM NOA-1


NVC
February 13, 2009 - NVC case number assigned
March 12, 2009 - Case Complete
25 DAY TRIP THROUGH NVC


Medical
May 4, 2009


Interview
May, 26, 2009


POE - June 20, 2009 Toronto - Atlanta, GA

Removal of Conditions
Filed - April 14, 2011
Biometrics - June 2, 2011 (early)
Approval - November 9, 2011
209 DAY TRIP TO REMOVE CONDITIONS

Citizenship

April 29, 2013 - NOA1 for petition received

September 10, 2013 Interview - decision could not be made.

April 15, 2014 APPROVED. Wait for oath ceremony

Waited...

September 29, 2015 - sent letter to senator.

October 16, 2015 - US Citizen

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You should check with an immigration lawyer to find out what you need to do.


I married my love on 12/24/07

I filed for the I 130 on 1/23/08

Receipt number recevied 2/13/08

Paperwork sent to Guangzhou on 1/23/09

Interview 5/21/09 PASSED !!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!

Visa 5/23/09

POE 6/2/09

Home 6/3/09

FILED I-751

SENT PAPERWORK 3/8/11

NOA-1 3/10/11

BIOMETERICS 4/29/11

WAITING APPROVAL

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Because of these comments in the guides:

If your fiance/fiancee came to the US on a tourist visa with the intent of immigration and marriage, and you are not yet married, then he/she should return to his/her home abroad, and the K-1 visa should be filed (using an I-129f) instead of the I-130 to avoid a denial, deportation, or even being banned from re-entry to the US.

If you are already married, and your spouse came to the US on a tourist visa with the intent of immigration and marriage, then he/she should return to his/her home abroad, and the I-130 (or along with an I-129f for a K-3 Visa) should be filed with the relative outside of the U.S. to avoid denial, deportation, or even being banned from re-entry to the US.

~

As for the medical, in my research I just found it was necessary and I got it done with the paperwork in the sealed envelope, I was of the understanding it was required as part of my I-485.

No, we haven't talked to a lawyer as would like to avoid the fees if possible.

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Because of these comments in the guides:

If your fiance/fiancee came to the US on a tourist visa with the intent of immigration and marriage, and you are not yet married, then he/she should return to his/her home abroad, and the K-1 visa should be filed (using an I-129f) instead of the I-130 to avoid a denial, deportation, or even being banned from re-entry to the US.

If you are already married, and your spouse came to the US on a tourist visa with the intent of immigration and marriage, then he/she should return to his/her home abroad, and the I-130 (or along with an I-129f for a K-3 Visa) should be filed with the relative outside of the U.S. to avoid denial, deportation, or even being banned from re-entry to the US.

~

As for the medical, in my research I just found it was necessary and I got it done with the paperwork in the sealed envelope, I was of the understanding it was required as part of my I-485.

No, we haven't talked to a lawyer as would like to avoid the fees if possible.

Can you prove you did not have plans to marry your girlfriend when you came in April? Can you prove that you did not have immigrant intent? If you cannot, then you could face a ban from the US for fraud since 61 days is awefully close.

Before you file anything, I suggest you talk to a lawyer. Where in the US are you located? I guess you don't intend to work while all this goes through?


USCIS
August 12, 2008 - petition sent
August 16, 2008 - NOA-1
February 10, 2009 - NOA-2
178 DAYS FROM NOA-1


NVC
February 13, 2009 - NVC case number assigned
March 12, 2009 - Case Complete
25 DAY TRIP THROUGH NVC


Medical
May 4, 2009


Interview
May, 26, 2009


POE - June 20, 2009 Toronto - Atlanta, GA

Removal of Conditions
Filed - April 14, 2011
Biometrics - June 2, 2011 (early)
Approval - November 9, 2011
209 DAY TRIP TO REMOVE CONDITIONS

Citizenship

April 29, 2013 - NOA1 for petition received

September 10, 2013 Interview - decision could not be made.

April 15, 2014 APPROVED. Wait for oath ceremony

Waited...

September 29, 2015 - sent letter to senator.

October 16, 2015 - US Citizen

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So I am in the process of changing my I-485 and G-325As to reflect my US address, as well as on the I-130 but leaving the "Address Abroad" portion of the I-130 as my Canadian address.

Edited by Sokolov

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Ask an immigrations lawyer on the internet and see how they respond


I married my love on 12/24/07

I filed for the I 130 on 1/23/08

Receipt number recevied 2/13/08

Paperwork sent to Guangzhou on 1/23/09

Interview 5/21/09 PASSED !!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!

Visa 5/23/09

POE 6/2/09

Home 6/3/09

FILED I-751

SENT PAPERWORK 3/8/11

NOA-1 3/10/11

BIOMETERICS 4/29/11

WAITING APPROVAL

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Ask an immigrations lawyer on the internet and see how they respond

I am leaning towards it =/

Can you prove you did not have plans to marry your girlfriend when you came in April? Can you prove that you did not have immigrant intent? If you cannot, then you could face a ban from the US for fraud since 61 days is awefully close.

Before you file anything, I suggest you talk to a lawyer. Where in the US are you located? I guess you don't intend to work while all this goes through?

Hehe, well, jokingly I could say we did get married in Reno ;) Who plans that? lol We didn't even invite our parents (they were not particularly pleased, but we have been forgiven).

We are in California, and I don't know what constitutes as proof =/

I have actually been working for my company in Canada even while in the US over the internet... which leads to two questions:

1 - Can I continue to work this way while my application is being processed? Or do I need a work permit?

2 - Can I use my communications with work as proof that I still have ties in Canada?

Edited by Sokolov

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[quote name='Phillip2' post='2167986' date='Aug 29 2008, 07:23 PM


USCIS
August 12, 2008 - petition sent
August 16, 2008 - NOA-1
February 10, 2009 - NOA-2
178 DAYS FROM NOA-1


NVC
February 13, 2009 - NVC case number assigned
March 12, 2009 - Case Complete
25 DAY TRIP THROUGH NVC


Medical
May 4, 2009


Interview
May, 26, 2009


POE - June 20, 2009 Toronto - Atlanta, GA

Removal of Conditions
Filed - April 14, 2011
Biometrics - June 2, 2011 (early)
Approval - November 9, 2011
209 DAY TRIP TO REMOVE CONDITIONS

Citizenship

April 29, 2013 - NOA1 for petition received

September 10, 2013 Interview - decision could not be made.

April 15, 2014 APPROVED. Wait for oath ceremony

Waited...

September 29, 2015 - sent letter to senator.

October 16, 2015 - US Citizen

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They will answer your question on the internet only once more then likely. I done it and it did help without costing me anything. Also there are many people here that can help. I have not been in that situation so it is hard for me to tell you what to do. However take your time and make a good decision for the both of you.


I married my love on 12/24/07

I filed for the I 130 on 1/23/08

Receipt number recevied 2/13/08

Paperwork sent to Guangzhou on 1/23/09

Interview 5/21/09 PASSED !!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!

Visa 5/23/09

POE 6/2/09

Home 6/3/09

FILED I-751

SENT PAPERWORK 3/8/11

NOA-1 3/10/11

BIOMETERICS 4/29/11

WAITING APPROVAL

Share this post


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Ask an immigrations lawyer on the internet and see how they respond

I am leaning towards it =/

Can you prove you did not have plans to marry your girlfriend when you came in April? Can you prove that you did not have immigrant intent? If you cannot, then you could face a ban from the US for fraud since 61 days is awefully close.

Before you file anything, I suggest you talk to a lawyer. Where in the US are you located? I guess you don't intend to work while all this goes through?

Hehe, well, jokingly I could say we did get married in Reno ;) Who plans that? lol We didn't even invite our parents (they were not particularly pleased, but we have been forgiven).

We are in California, and I don't know what constitutes as proof =/

I have actually been working for my company in Canada even while in the US over the internet... which leads to two questions:

1 - Can I continue to work this way while my application is being processed? Or do I need a work permit?

2 - Can I use my communications with work as proof that I still have ties in Canada?

I don't know what constitutes as proof either. But you'll need to find some if you file this I-130 because like I said, 61 days is awefully close. and ha ha, no getting hitched in Reno doesn't classify

If you can do your job remotely from the US then no, that does not work as ties to Canada since it, clearly, does not tie you to canada because you are doing your work in the US.

If it is a canadian company and you are getting paid in Canadian dollars then no you do not need a work permit.


USCIS
August 12, 2008 - petition sent
August 16, 2008 - NOA-1
February 10, 2009 - NOA-2
178 DAYS FROM NOA-1


NVC
February 13, 2009 - NVC case number assigned
March 12, 2009 - Case Complete
25 DAY TRIP THROUGH NVC


Medical
May 4, 2009


Interview
May, 26, 2009


POE - June 20, 2009 Toronto - Atlanta, GA

Removal of Conditions
Filed - April 14, 2011
Biometrics - June 2, 2011 (early)
Approval - November 9, 2011
209 DAY TRIP TO REMOVE CONDITIONS

Citizenship

April 29, 2013 - NOA1 for petition received

September 10, 2013 Interview - decision could not be made.

April 15, 2014 APPROVED. Wait for oath ceremony

Waited...

September 29, 2015 - sent letter to senator.

October 16, 2015 - US Citizen

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