the next best steps for a Canadian wanting to marry a US citizen

[Katbird 0]

I am a Canadian.

I came to the US and met the man of my dreams.

What would happen should we marry here-in the US now? (and deal with the paperwork after the fact?)

I am a frequent visitor and have a passport but it has never been stamped, so I couldn't establish a time of entry

And what sort of time table of events are the best way to go?

I have tried to find the answers here before posting, but I seem to get more and more confused

Any and all answers will be helpful. Thank you!

[LoveMyTico 999]

I am a Canadian.

I came to the US and met the man of my dreams.

What would happen should we marry here-in the US now? (and deal with the paperwork after the fact?)

I am a frequent visitor and have a passport but it has never been stamped, so I couldn't establish a time of entry

And what sort of time table of events are the best way to go?

I have tried to find the answers here before posting, but I seem to get more and more confused

Any and all answers will be helpful. Thank you!

Just curious...

How do you visit often and have a passport but have no stamps ? Don't they ask for ID when you enter?

[Katbird 0]

Just curious...

How do you visit often and have a passport but have no stamps ? Don't they ask for ID when you enter?

the Id I showed included my passport, DL, and birth certificates. . . nothing was stamped

Does one need proof of entry before getting married in the US?

[Katbird 0]

Just curious...

How do you visit often and have a passport but have no stamps ? Don't they ask for ID when you enter?

the Id I showed included my passport, DL, and birth certificates. . . nothing was stamped

Does one need proof of entry before getting married in the US?

I have no other documents and have not violated any laws. . . that I know of. . .I came as a visitor and am still

we are mature couple and know what we want, but we want to do things as fast and/but legal as possible.

(edited to add more info)sorry I had to re-post this as the edit

[canadian_wife 1,802]

Often Canadian will enter the US with just a swipe of the passport and a "welcome to the US" - no stamps and no I-94.

Katbird - are you currently in the US?

I strongly suggest you do not 'deal with the paperwork after the fact'. There are way to many ways you can complicate your case between now and then that can lead you to a denial.

Giving us more details about where you currently are, when the last time you entered the US (as a tourist? worker?) etc.

Good luck.

[HeatDeath 430]

the Id I showed included my passport, DL, and birth certificates. . . nothing was stamped

Does one need proof of entry before getting married in the US?

I have no other documents and have not violated any laws. . . that I know of. . .I came as a visitor and am still

we are mature couple and know what we want, but we want to do things as fast and/but legal as possible.

(edited to add more info)sorry I had to re-post this as the edit

If you had NO intention of marrying and staying when you entered the US [and can prove that, see below], then yes, you can marry and apply for a green card.

You would do so by filing an I-130 at the same time as you file the I-485 application for permanent residence.

There are two big cautions to keep in mind though:

The first is that you will need some way to prove that you had no intent to marry at the time you entered to US. You could prove this by demonstrating that you had strong ties to Canada at the time you left (Mortgage payments, an employer who was expecting you to return, rental agreement, etc...) Failure to prove this could be construed as having misrepresented yourself to the customs officer who let you in, which would result in your green card being denied, which leads to caution number two:

Unlike adjusting status from a fiance visa (or a K-3 spousal nonimmigrant visa), when you adjust status from a tourist visa (which is what you effectively have) there is no option for appeal if your adjustment of status application is denied.

Don't get me wrong, many people have successfully adjusted status from a tourist visa, and everything has gone completely fine. But it is a significantly riskier approach. The odds of success are basically the same (very good) but the consequences associated with the possible denial are significantly more difficult to overcome.

The safer (and IMHO, better) approach would be either for you to return to Canada, and begin the process of applying for a K-1 fiancee visa, and then get married in the US after you move down there permanently, or to get married now, return to Canada, and begin the process of applying for a CR-1 spousal immigrant visa.

[HeatDeath 430]

Admins, you may want to move this thread out to somewhere less specific...

[Katbird 0]

thank you so very much this is exactly the info I needed to figure out the next step. . .

I will pack my bags and go back to Canada for now. . . who initiates the K1? is it I or both of us?

[Katbird 0]

sorry. . .don't answer that last question. . . I think I know where to look!

[emt103c 10]

Before you leave!!!!!!!!

How long have you been in the US since your last exit? If more than 180 days past your 6 months allowed, DO NOT EXIT! If more than 180 days, consult an attorney and just do AOS.

Edited January 10, 2010 by emt103c