Canadian in the US - No Visa - Married

[Sokolov 0]

Well, it's only a part of my work, what I can do here and there remotely to help, I am not getting even part-time hours really.

Hmm... I will try and find something/someone who can tell me what might constitute as proof. What about bank accounts, loans, ownership of property and such things?

Oooh, and I have an active Canadian cell phone too.

Edited August 30, 2008 by Sokolov

[canadian_wife 1,791]

I'd consult an immigration lawyer

When did you plan your trip to Reno?

[Phillip2 3]

Most of us got married in a foreign country and had to return home to file are petitions. All of us had to wait and are stll waiting approval to go on to the NVC for more then 7 months.

[Sokolov 0]

When did you plan your trip to Reno?

Well, we had actually intended to goto Reno regardless. We have friends there we wanted to visit. And we joked about getting married there, and then decided, hey, why not? It's not like we could afford a big wedding anyway. Which is why only the friends that lived in Reno were able to be there (well, we avoided telling the parents till later =P).

[cdn_in_wa 1]

You might want to try reading the Adjustment of Status forum and its sub-forum Adjustment of Status from Work, Student and Tourist visas.

Also check out the Canada forum.

There are people who have done this and it is acceptable as long as your intent at the time of entering the US was as a visitor.

You will want to file the I-130, I-485 and if you want to see Canada again before a year is up (seems to be taking about that long, at least in some areas of the country), the I-131 for advance parole (to reenter the US if you leave - don't leave until you have this document or your applications will be considered abandoned), as well as the I-765 so you can obtain employment while you wait for your applications to be processed. There is no extra charge for the last 2 applications, when you file them concurrently with the I-130 and I-485 or if you file them while you have the I-485 pending.

[antda 13]

Hi Sokolov,

No, it's not illegal what you did, that you came to the US and got married while you were down here for a visit from Canada. As long as you came here WITHOUT the intention to get married in the first place on your visit and not do this as to avoid and/or break immigration laws, then it's fine and legal to do.

I was in the same situation before too, as I came over to visit my boyfriend (now husband), on a tourist visa from Canada, and then ended up getting married here in the USA. And yes, I did get approved and got my green card afterwards. For more information on my sitation, see my VJ timeline (the link can be found on my signature).

The next steps for you are:

1) DO NOT LEAVE THE USA AND DO NOT RETURN TO CANADA until your case has been fully approved, otherwise your case will be abandonded and you will run into the risk of never being able to come back to the ever USA again.

2) File the following paperwork: I-130 (Petiton for Family Member), I-485 (Adjustment of Status), I-864 (Affidavit of Support), I-765 and I-131 (Employment Authorization and Advanced Parole, both are optional), and the I-693 (or was it some other number, I can't remember exactly) medical forms.

3) Hire a good immigration lawyer, if you run into any more problems, and/or if you are totally unsure about your situation.

Hope this helps. Good luck with your immigration journey.

Ant (Visited, Married, Immigrated, Living Happily Ever After In The USA...)

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?

[Sokolov 0]

Thanks, AntandD! That really does put my mind at ease.

I was not planning on leaving the US unless I had to, but I will be nearing the 6 month mark soon (end of October), how did you handle that if it came up at all?

I am also happy that your non-optional list of paperwork matches mine! =D

What evidence did you have to give to prove intent? That is my major concern at this point.

[Sokolov 0]

So, an update for anyone interested:

Both sets of forms have been submitted (130 and 485, and appropriate supporting documentation).

Recently I had an appointment for my biometrics fingerprints, and now I am waiting for the next step.

~

Of course, now I am curious about my status in the US... maybe someone here knows, do I need to do anything as I am approaching my "six months?"

[Krikit 1,163]

Of course, now I am curious about my status in the US... maybe someone here knows, do I need to do anything as I am approaching my "six months?"

You need to stay in the country until you receive your greencard.

[Krikit 1,163]

I'm going to move this to a more appropriate forum. Sokolov.... come and join us in the Canada Forum. You'll find others there who have gone through the same experience.

[worrying 0]

Hi There,

We were in somewhat of a similar situation as yours. My wife (Canadian Citizen) entered the US under a visitors visa and our wedding was a big wedding. However, we were so ignorant that we didn't look into the paper work involved prior to our wedding in California. We just thought, oh we just get married and then file the paperwork, it couldn't be that complicated. It would only make sense, two people fall in love, get married then worry about the paperwork later. We didn't know the existence of K1 visa and stuff. Anyways, we got married she moved to the Caribbean with me where I was studying and then during Christmas we both came back to California to spend Christmas with my parents. At this point we've sent in an I-130. It wasn't until my wife decided to look up the internet and discovered visa journey that she found out that she was suppose to be back in Canada. Because we had a super big wedding that was within 15 days of my wife's arrival, we could not do a change of status for her and we wouldn't want to jeopardize our situation. So she moved back to Canada and we have been married for a little over a year now and she is scheduled for an interview in late Oct.

In your situation though because you got married in Reno, technically you can justify it as a spur of the moment and unplanned. Keep in mind, it's only planned weddings that are pinned for intentional. But then you got married 61 days after your arrival so that can be iffy too. I personally think you should contact a lawyer ASAP. If worse comes to worse, you can always go back to Canada and wait for the paper work to be processed properly, that's if you hadn't attempted to change status yet and just filed an I-130. If you have filed for a change of status, you should contact your lawyer.

[antda 13]

Hi Sokolov,

You're welcome, for putting your mind at ease. Glad to be able to help Glad you paperwork matches the list I posted before too.

In answer to your questions/concerns:

I stayed in the US for 7 months (3 months filing of the paperwork though, see my VJ timeline for more info), before my green card was approved. I just stayed, as I did not need to return to Canada during that time, nor did I bother applying for an AP or EAD. I was told too, that my expired visitor's status was "forgiven" if I had filed for the AOS during that time. Personally though, during those 7 months, even though I was in the midst of filing my paperwork, I felt kind of weird to be in the US somewhat "illegally", as I did not have valid status during that filing time. And yeah, I felt a lot better when I finally did get my green card a few months later.

So yes, stay in the USA while you are filing and until you get your green card, which I hope you get soon. Don't leave the USA before then (unless you have an AP), as your case will be considered abandoned if you do leave.

As for proving intent, actually, during the interview they didn't ask us that. We only showed them the evidence that they wanted (the specific items are on the interview letter), and they were satisfied with that. The questions that they asked were mainly about our relationship and marriage (they especially liked our photos), and about other standard questions based on what we filled out on the application forms. It was about 10 mins or so, quick and simple, really (lol..unlike the 2hrs that we spent at the border being harassed before).

Lol...it was funny though during the interview when they asked me "If you're from Canada, then why do you have a Visitor's Visa (Canadians are exempt from such)? To which I replied, "I don't know, you tell me...(as they were the officer, not me)...

Ant

Thanks, AntandD! That really does put my mind at ease.

I was not planning on leaving the US unless I had to, but I will be nearing the 6 month mark soon (end of October), how did you handle that if it came up at all?

I am also happy that your non-optional list of paperwork matches mine! =D

What evidence did you have to give to prove intent? That is my major concern at this point.

Edited October 2, 2008 by AntandD

[Sokolov 0]

Lol...it was funny though during the interview when they asked me "If you're from Canada, then why do you have a Visitor's Visa (Canadians are exempt from such)? To which I replied, "I don't know, you tell me...(as they were the officer, not me)...

Ant

Hehe, actually, a couple times that I have entered the US I did get a Visa stamp on my passport, but in most cases I did not. I am not sure how the Border officers decide one way or another, but it seems random to me!

On a related note, I just got a letter today that I have submit evidence of my lawful admission to the US - which can be a non-immigrant visa, of course I have none =P But I've read about this before and kind of expected it and someone said they just sent a letter stating they were Canadian and exempt. I will have to do some research and see though, maybe I will call the number they gave.

[Sokolov 0]

I'm going to move this to a more appropriate forum. Sokolov.... come and join us in the Canada Forum. You'll find others there who have gone through the same experience.

Thanks for moving the thread, Krikit, though I am not sure what you are referring to with "Canada Forum" as you have moevd it to: VisaJourney.com > General Family Based Immigration Topics > Adjustment of Status (Green Card) General Discussion > Adjustment of Status from Work, Student, & Tourist Visas, and the link you gave is this same forum? Or maybe I am confused, lol

[cdn_in_wa 1]

I'm going to move this to a more appropriate forum. Sokolov.... come and join us in the Canada Forum. You'll find others there who have gone through the same experience.

Thanks for moving the thread, Krikit, though I am not sure what you are referring to with "Canada Forum" as you have moevd it to: VisaJourney.com > General Family Based Immigration Topics > Adjustment of Status (Green Card) General Discussion > Adjustment of Status from Work, Student, & Tourist Visas, and the link you gave is this same forum? Or maybe I am confused, lol

If you click on the link Krikit provided - this underlined text: Canada Forum it will take you to the Canada Forum