No idea where to start...

[bilbobaggins 0]

I'll just start from the beginning...

In March 2006 I entered the US from Canada on a Student Visa. I was on that Visa until I got my Student Work Visa in September 2007. That expired on October 1st, 2008. I married an American on October 31st, 2008. I have not left the US since a month before my visa expired and I do not plan to leave unless I have to. I was told I have three months to leave the US after my visa expiration, but now that I'm married I want to apply for dual citizenship. Where do I start? I've been downloading forms and reading lots but it all gets so confusing and it feels like there's a few different ways to go and I don't want to do it the wrong way.

Thanks for any help!

[Heliosphan 1]

Read the guides in the tabs above the forum. That's a good place to start.

[canadian_wife 1,831]

Read the guides, but you are a long way from dual citizenship. You are going to want to apply for a CR-1 visa which will grant you a conditional green card (perminant residency) as well as apply for adjustment of status.

Good luck

[bilbobaggins 0]

Read the guides, but you are a long way from dual citizenship. You are going to want to apply for a CR-1 visa which will grant you a conditional green card (perminant residency) as well as apply for adjustment of status.

Good luck

Thanks! That at least gives me an idea of where to start.

[cdn_in_wa 1]

Read the guides, but you are a long way from dual citizenship. You are going to want to apply for a CR-1 visa which will grant you a conditional green card (perminant residency) as well as apply for adjustment of status.

Good luck

Thanks! That at least gives me an idea of where to start.

You have a choice between filing from inside the US by filing I-130/I-485 concurrently or leaving the US and filing from Canada the CR1 or K3.

Decide before you leave the US. Since you already have incurred an overstay, you may be advised to stay and file concurrently. If you file from inside the US, you'll have to wait until you get your GC before you can leave. Even though you will be able to file for Advance Parole, because of your overstay, it is not worth attempting to use it, so don't even bother filing for AP.

You can file for an EAD with your AOS package and you should receive the EAD within about 3 months.

If you decide, as you have suggested, to stay in the US and file concurrently, file as soon as you can. It is better to file before you have an overstay, but generally speaking, an overstay is usually forgiven when adjusting status based on marriage to a USC.

Good Luck!