HELP, CANADIAN IN USA, BEEN HERE FOR 8 MONTHS ON NO VISA WANT TO MARRY MY GIRLFRIEND. HELP

[hailhailrocknroll 0]

hey i am a 26 year old musician from canada, been travelling back and forth between canada and the us for the past 2 and a half years, currently in love and involved with the same girl for the past year and a half, she is from the us born and raised. my question in is it possible for me to apply for a greencard if i have overstayed my visit here by 2 months?(been in the us for 8 months currently with no visa) and if so where do i get started?? any help will be appreciated, thanks/

[Chica Yeyé 41]

hey i am a 26 year old musician from canada, been travelling back and forth between canada and the us for the past 2 and a half years, currently in love and involved with the same girl for the past year and a half, she is from the us born and raised. my question in is it possible for me to apply for a greencard if i have overstayed my visit here by 2 months?(been in the us for 8 months currently with no visa) and if so where do i get started?? any help will be appreciated, thanks/

To adjust status you would have to first get married, which you are not; then demonstrate you did not have immigrant intent, which you clearly have -by reading your post-.

[payxibka 10,045]

not a US citizenship discussion topic....

moving thread

[Ladylethal 12]

Len is right. Your options are to go back to Canada and file for a K1, get married and file the I-130 then prove you had no immigration intention, or get married, got back to Canada and file for a CR-1 or other marriage visa.

[payxibka 10,045]

To adjust status you would have to first get married, which you are not; then demonstrate you did not have immigrant intent, which you clearly have -by reading your post-.

maybe now, but that is not the pertinent question or date in time.... the question is what was the intent 8 mos. ago and if questioned how will it be demonstrated that no intent existed.

[Chica Yeyé 41]

maybe now, but that is not the pertinent question or date in time.... the question is what was the intent 8 mos. ago and if questioned how will it be demonstrated that no intent existed.

true

[antda 13]

Hi Hailhailrocknroll,

No, it's not illegal that you came to the US and get married while you were down here for a visit from Canada. As long as you came here

WITHOUT PRIOR 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 such.

I was in the same situation before too, as I came over to visit my boyfriend (now husband), on a tourist visa (which are rare for Canadians, as Canadians generally don't need visas to visit the USA) from Canada for 2 weeks, and then ended up getting married here in the USA, and overstayed, and then filed the paperwork with immigration. 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 (WITHOUT PRIOR INTENTION) are:

1) GET MARRIED. 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), and the I-693 (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.

If you HAVE PRIOR INTENTION of getting married you're probably better off filing for:

-A K1 (fiance visa...go back to Canada, file the paperwork, get married in the USA, adjust status, get green card)

-A K3 (marriage visa...go back to Canada, get married in Canada, file paperwork, come to the USA, adjust status, get green card)

-A CR-1 (marriage visa...go back to Canada, get married in Canada, file paperwork, come to the USA, get green card...)

Hope this helps. Good luck with your immigration journey too.

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

hey i am a 26 year old musician from canada, been travelling back and forth between canada and the us for the past 2 and a half years, currently in love and involved with the same girl for the past year and a half, she is from the us born and raised. my question in is it possible for me to apply for a greencard if i have overstayed my visit here by 2 months?(been in the us for 8 months currently with no visa) and if so where do i get started?? any help will be appreciated, thanks/

Edited December 28, 2009 by Ant+D+BabyA

[unique135 0]

No, it's not illegal that you came to the US and get married while you were down here for a visit from Canada. As long as you came here

WITHOUT PRIOR 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 such.

I am not sure but isn't it that

Intention of marrying is not illegal but Intention of marrying and residing in US afterwards (for sake of immigration) is illegal?

Edited December 29, 2009 by unique135

[Chica Yeyé 41]

I am not sure but isn't it that

Intention of marrying is not illegal but Intention of marrying and residing in US afterwards (for sake of immigration) is illegal?

Yes. Why? Because there are visa procedures in place. You can totally intent toget married in the US and that is cool, as long as afterward you go back home to wait for your visa.

[trailmix 77]

I am not sure but isn't it that

Intention of marrying is not illegal but Intention of marrying and residing in US afterwards (for sake of immigration) is illegal?

Yes, or to hone it down even further - marriage actually has nothing to do with it at all:

It should be, as long as you did not have intent to immigrate to the U.S. when you entered, circumventing the proper visa procedures.

[unique135 0]

Exactly, I was just clearly the previous comments.

[FortLaudy 10]

Yes. Why? Because there are visa procedures in place. You can totally intent toget married in the US and that is cool, as long as afterward you go back home to wait for your visa.

To quote a very wise man: "I don't understand 'why' people won't do things in the right way. I mean, show some maturity people...you can be separated for a bit in order to do the immigration correctly! Why take unnecessary risks like VWP->AOS when the correct path is CR-1?"

[LaL 418]

To quote a very wise man: "I don't understand 'why' people won't do things in the right way. I mean, show some maturity people...you can be separated for a bit in order to do the immigration correctly! Why take unnecessary risks like VWP->AOS when the correct path is CR-1?"

Because VWP/tourist/etc ---> AOS is a perfectly legal option for those who qualify.

Edited December 30, 2009 by LaL

[FortLaudy 10]

Because VWP/tourist/etc ---> AOS is a perfectly legal option for those who qualify.

Option??? How about opting for the legal route: CR-1 and not circumventing immigration laws.

There's a loophole in the VWP that people are misusing: "issue of intent". There are perfectly LEGAL routes to take when deciding to get married in the US on a VWP - the husband/wife returns to their home country and returns on CR-1... no need to overstay a VWP (risking not ever being granted again on another VWP in future) and RISKING a denial of AOS from VWP (NO APPEALS PROCESS!!!)

There is a type of visa for every situation. The VWP is for a short trip to the US and to go back home, not to marry a USC and stay here. If you get married on a VWP Congratulations! But the right thing to do then is go back hom and apply for CR-1 and don't risk being denied an AOS from VWP... get it?

The Visa Waiver Program (VWP) enables nationals of 35 participating countries to travel to the United States for tourism or business (visitor visa purposes only) for stays of 90 days or less without obtaining a visa.

When does a national of a VWP country need to apply for a visa instead of using the VWP?

Nationals of VWP countries must meet the conditions noted in the section above in order to seek admission to the United States under the Visa Waiver Program. Travelers who do not meet these conditions must apply for a visa. In particular, a visa must be requested if the traveler:

Wants to remain in the United States for longer than 90 days, or envisions that they may wish to change their status (from tourism to student, etc.) once in the United States

[LaL 418]

You seem to be quite fired up about this - I merely stated it is a legal option and it remains to be. VWP/Tourist visas are not dual intent - but the law does allow for adjustment from it under certain circumstances (ie: intent, etc). The "get it" wasn't really necessary imo. I got it, and have had it for quite some time

adding for the OP - i would get yourself a consultation with an immigration lawyer before doing anything.

Edited December 30, 2009 by LaL