Don't Even Know Where To Start

[danitai 0]

Hi, my boyfriend and I met in 2007. He lived in Canada I live in the US. We have visited each other many many times. This last August (together 2 years) he came down to visit me for a month and a half. However he proposed to me while he was here, and he didn't go back. We didn't mean for him to do that, he isn't working, I'm supporting both of us. We want to make him being here legal but I don't want him to get deported or for any reason in trouble. (I'm very nervous about that). I've started filling out some forms (I-129 petition). But I just want to know if he's going to get taken into custody if he tries to get back into Canada.

Please help....I've been stressing so badly...

[Otto 83]

I wouldn't stress too much - he's here under treaty (presumably) which should let him remain for 6 months (I believe). Do you plan to marry any time soon?

[rsn 135]

Hi, my boyfriend and I met in 2007. He lived in Canada I live in the US. We have visited each other many many times. This last August (together 2 years) he came down to visit me for a month and a half. However he proposed to me while he was here, and he didn't go back. We didn't mean for him to do that, he isn't working, I'm supporting both of us. We want to make him being here legal but I don't want him to get deported or for any reason in trouble. (I'm very nervous about that). I've started filling out some forms (I-129 petition). But I just want to know if he's going to get taken into custody if he tries to get back into Canada.

Please help....I've been stressing so badly...

If he plans on staying here with you and adjusting while in the U.S....

Get married and file an I-485 along with an I-130 and you should be fine. He should not leave the country though until he receives an AP (I-131). See this guide for specifics.

Assuming this, moving from K1 to AOS from work, student, and tourist visas

[danitai 0]

We don't know if we should get married or file visa's first, I just want to get on with my life without worrying. I'm trying to finish up school, and then we plan to move to Canada, he wants to stay with me until I graduate.

We're pretty young, but are open to marrying in a court. Will a court in America let us marry without proper visas? (He's almost stayed his 6 months).

If we file for a I-485 and I-130 can he stay for longer then his 6 months?

[rsn 135]

We don't know if we should get married or file visa's first, I just want to get on with my life without worrying. I'm trying to finish up school, and then we plan to move to Canada, he wants to stay with me until I graduate.

We're pretty young, but are open to marrying in a court. Will a court in America let us marry without proper visas? (He's almost stayed his 6 months).

If we file for a I-485 and I-130 can he stay for longer then his 6 months?

You can marry and adjust status now which should result in a 2-year GC for him. After filing the forms, he can remain in the U.S. while they are being processed, but he should not leave the country.

[danitai 0]

You can marry and adjust status now which should result in a 2-year GC for him. After filing the forms, he can remain in the U.S. while they are being processed, but he should not leave the country.

If he gets the 2-year GC can we extend that? And if we don't get married until after his 6-month stay will that still be ok? (6 months on Feb. 1).

Thanks for everything by the way, I already feel so much better.

[RebeccaAndPhil 5]

If he gets the 2-year GC can we extend that? And if we don't get married until after his 6-month stay will that still be ok? (6 months on Feb. 1).

Thanks for everything by the way, I already feel so much better.

Yes you can extend the 2-yr GC. The 2 year one is a conditional green card given to anyone adjusting status based on marriage who has been married less than 2 years. Once you file for the unconditional green card it will be valid for 10 years.

It would be advisable to get married before his legal status runs out (and as of now he's here legally as a tourist. He CAN stay up to 6 months as my husband is also from Canada and while we were dating he came to visit me for a 5 month period). Sometimes it causes complications if you file after legal status runs out but usually illegal status is forgiven if the adjustment is through marriage to a US citizen. It's impossible to say either way whether or not it will cause problems so my advice would be to get married before he stays here for 6 months if that is possible

Edited January 26, 2010 by RebeccaAndPhil

[longey 1]

We're pretty young, but are open to marrying in a court. Will a court in America let us marry without proper visas? (He's almost stayed his 6 months).

As far as I know marriage is not dependent on any visa, so that should not be an issue. My wife and I both just brought our driver's license (any other form of ID should be ok, too) when we applied for our marriage license.

[danitai 0]

Yes you can extend the 2-yr GC. The 2 year one is a conditional green card given to anyone adjusting status based on marriage who has been married less than 2 years. Once you file for the unconditional green card it will be valid for 10 years.

It would be advisable to get married before his legal status runs out (and as of now he's here legally as a tourist. He CAN stay up to 6 months as my husband is also from Canada and while we were dating he came to visit me for a 5 month period). Sometimes it causes complications if you file after legal status runs out but usually illegal status is forgiven if the adjustment is through marriage to a US citizen. It's impossible to say either way whether or not it will cause problems so my advice would be to get married before he stays here for 6 months if that is possible

Ok, so assuming we decide to get married in less then 5 days (AHHH). Can he stay here while we fill out the forms and send them out or will he still be illegal? (Sorry for all the questions, I'm under a pretty short time restraint).

[RebeccaAndPhil 5]

Ok, so assuming we decide to get married in less then 5 days (AHHH). Can he stay here while we fill out the forms and send them out or will he still be illegal? (Sorry for all the questions, I'm under a pretty short time restraint).

Yes he can stay (and should stay) in the US while you file the forms. It is not advisable for him to leave once you file AOS until he receives his Advance Parole document (form I-131) as he will probably have troubles returning to the US without it. If you can't manage to get married by Feb 1 you should still have no problems filing AOS. As mentioned earlier the overstay is generally forgiven. I advised getting married beforehand just to try and help you prevent any possible complications that may arise but don't necessarily have to.

Don't worry about asking questions either, that's what this forum is for! When I first came on here to start filing AOS I was so confused. Everyone was a great help and it really makes a difference to have the support

[danitai 0]

You have no idea how helpful you all have been, I want to give you all big hugs! It's so nice to have someone else supporting me, and know what I'm going through.

I have another questions though (of course): can he get a job while he's on his 2 year GC? or before. Or do we have to wait until his 10 year? Just wondering...thanks..

[RebeccaAndPhil 5]

You have no idea how helpful you all have been, I want to give you all big hugs! It's so nice to have someone else supporting me, and know what I'm going through.

I have another questions though (of course): can he get a job while he's on his 2 year GC? or before. Or do we have to wait until his 10 year? Just wondering...thanks..

He can get a job once he receives his EAD (Employment Authorization Document) that you will be applying for with the AOS. This is form I-765.

You'll want to file forms

I-485

I-130

I-131

I-765

Forms I-131 & I-765 are free if you file concurrently with form I-485 so you might as well!

Once he gets the EAD he is legal to work. The GC trumps the EAD so once he gets that that's all he'll need to work

[rsn 135]

I have another questions though (of course): can he get a job while he's on his 2 year GC?

Yes. He can begin working as soon as he applies for his I-765 and receives his EAD card. Please have a look at the guides I mentioned above.

Edited January 26, 2010 by rsn

[SunDrop 59]

Ok, so assuming we decide to get married in less then 5 days (AHHH). Can he stay here while we fill out the forms and send them out or will he still be illegal? (Sorry for all the questions, I'm under a pretty short time restraint).

Just want to highlight the difference between 'filling out' forms and 'filing' forms. I realise that time is not on your side, with Feb 1 being less than a week away, but you should be able to get a JoP to marry you very quickly. Get the forms filled and FILED before Feb 1, just to be on the safe side if you have your certificate immediately, not all states issue them there and then. Also check how long you need to allow between getting your license and the actual wedding. Some states require blood tests and/or 3 days, so you'd need to get your license today if you want to be married on Friday.

P.S. An overstay is excused for immediate relatives (namely spouses!) who have filed to adjust their status but you want to avoid going too long a time between his 6 months being up and receiving the NOA1 (that comes usually within a week or two of filing) just in case he gets stopped for any reason. The NOA1 basically shows that you have a pending adjustment of status, which is what allows him to continue with a legal presence in the US.

[danitai 0]

Just want to highlight the difference between 'filling out' forms and 'filing' forms. I realise that time is not on your side, with Feb 1 being less than a week away, but you should be able to get a JoP to marry you very quickly. Get the forms filled and FILED before Feb 1, just to be on the safe side if you have your certificate immediately, not all states issue them there and then. Also check how long you need to allow between getting your license and the actual wedding. Some states require blood tests and/or 3 days, so you'd need to get your license today if you want to be married on Friday.

P.S. An overstay is excused for immediate relatives (namely spouses!) who have filed to adjust their status but you want to avoid going too long a time between his 6 months being up and receiving the NOA1 (that comes usually within a week or two of filing) just in case he gets stopped for any reason. The NOA1 basically shows that you have a pending adjustment of status, which is what allows him to continue with a legal presence in the US.

Ok, my stress level just shot up. I just need to freak out for a second! Ahhh...