Needing Canadian fiance to move to US

[valerieg76 0]

So we should marry in the US or in Canada? I know someone that got married to his fiance in her country and then came here but for whatever reason she was deported for a minimum of 5 years. I def don't want to risk him not being allowed here at all or for years.

We are not married yet.

I will start reading the guide but there is sooooooooooooo much info it is overwhelming LOL

Just wondering in which country we should get married in - and then if we do marry and he is here wouldn't that be intent to immigrate? I just want to clear on all the info everyone has been so wonderful to give. I appreciate everything you all are saying!

Thanks so much.

[vip1 8]

I too agree that the best thing for you to do right now is to marry and adjust status. While there might be a concern about the intent I think you can very easily demonstrate that there was no intent on immigrating when he came he (specially since you both have been visiting each other for a long time and he still has all of his belonging back in Canada). In my opinion the question of intent is really a minor one, the same as overstaying, and USCIS is really concern about a bonafide marriage. I suggest you read the guides, it is actually a very simple process. Mine took about 3 months from sending the application to receiving the greencard, so with a little bit of luck he could even have his greencard before the becomes out of status.

Best of luck

[vip1 8]

So we should marry in the US or in Canada? I know someone that got married to his fiance in her country and then came here but for whatever reason she was deported for a minimum of 5 years. I def don't want to risk him not being allowed here at all or for years.

We are not married yet.

I will start reading the guide but there is sooooooooooooo much info it is overwhelming LOL

Just wondering in which country we should get married in - and then if we do marry and he is here wouldn't that be intent to immigrate? I just want to clear on all the info everyone has been so wonderful to give. I appreciate everything you all are saying!

Thanks so much.

It depends what you want to do.

As long as there wasn't an intent to immigrate (meaning to stay here forever) the last time he crossed the border then you're allowed to Adjust Status from within the united states. In my opinion this is your best option because there will be no separation time and its a pretty straightforward case. If you decide to do this, you guys should marry in the Unites States ASAP and file for adjustment of Status, but be aware that if you guys decide to do this, he CAN NOT go back to Canada until he receives his greencard of AP (advance parole).

If you decide to do the K1 (fiance visa), then you could apply while he is here, and he can remain here until his 6 months expire or he has his appointment back in Canada. Whichever one comes first. Then after his visa has been approves, he comes to the USA and you guys will need to get married within 90 days, and apply for adjustment of status.

The third option is to apply for a spousal visa (CR1). In that case you could get married wherever you want but he will need to return to canada for his interview and stuff.

[valerieg76 0]

I too agree that the best thing for you to do right now is to marry and adjust status. While there might be a concern about the intent I think you can very easily demonstrate that there was no intent on immigrating when he came he (specially since you both have been visiting each other for a long time and he still has all of his belonging back in Canada). In my opinion the question of intent is really a minor one, the same as overstaying, and USCIS is really concern about a bonafide marriage. I suggest you read the guides, it is actually a very simple process. Mine took about 3 months from sending the application to receiving the greencard, so with a little bit of luck he could even have his greencard before the becomes out of status.

Best of luck

Do we get married in the US or Canada? We can get a letter from the landlord stating he is a current tenant to show that he never had intent to immigrate. I just want to make sure we don't get in trouble.

[Deputy Purple 1,294]

Marry here, once he returns to Canada then intent becomes an issue because:

His next entry will be with intent to immigrate or as the spouse of a US Citizen. If he lies about his intent to adjust status or being married to a US Citizen at the Port of Entry then he could be banned for life.

He should not return to Canada until he has his greencard.

Edited May 22, 2010 by Bob 4 Anna

[Justine+David 218]

If you want to have him stay here, like others have said, he CANNOT go back to Canada (until he gets the green card) and you need to get married here and then file the papers.

Edited May 22, 2010 by Justine+David

[Fandango 1,439]

Basically, what people are saying is that you don't have to do any fiance/wedding visa at all...because he is already here, and at the time of his entry into the US this time, he did not have intent to stay here. Meaning, you two could have just been sitting around, decided to get married, and voila! that is ok. If you two discussed this prior to his arrival, then that is not ok. Intent is key here.

So even though your ultimate plan was for him to immigrate here, the fact that his life is still intact in Canada somewhat proves that this particular visit did not have any intent to stay.

So, if you can, get married, file for AOS, and be happy. The important thing not to gloss over (that many have said already) is that your fiance will not be able to leave the country until he gets his greencard. Does he have friends/family who are willing to pack up his apt for him?

Good luck!

[trailmix 77]

As I said earlier and many have mentioned, he cannot leave the U.S. - if you decide to adjust his status from within the U.S. - so getting married in Canada is not an option.

That's only if you decide to go that route, so he won't have to leave at the end of his 180 day allowable stay. If you decide that is not really practical for you and it works better for you both if he goes back to Canada to wait out the visa processing - then you would get married (in the U.S. or Canada, doesn't matter) and then file for a CR1 (with him living in Canada - he can visit though), after all the paperwork is done he would have his interview in Montreal and when granted the visa he can move to the U.S. as a permanent resident.

It is understandable that it is overwhelming, you might need to read the guide a few times

It's important that you understand all the information so you can proceed confidently.

Here is the important thing to understand. In order for him to simply adjust status from within the U.S. he has to have had no immigrant intent when he entered the country. Now you have stated he didn't - still has his apartment etc etc. So that is fine.

So now, if you two left tomorrow and went up to Canada and got married and ate wedding cake and then he packed a few things and you went to the border to enter and the border guard said to your (now) Husband - so where are you going and what are you up to, his response would be "My wife and I are going to our house in the U.S. and then i'm going to apply to stay" - he would be turned around from the border and probably incur a ban from entering for some time.

Why? You cannot enter the U.S. with intent to immigrate until you have the correct visa - which he would not at that point.

However - if you enter the U.S. as a visitor, like he did and then you get there and say hey, let's live here, you then have the opportunity to adjust his status - with him as your Husband.

It makes little sense, but it is all about not misrepresenting yourself when you enter the country.

Hope that makes it a bit clearer

Edited May 22, 2010 by trailmix

[Yes We Can 1]

I read your post and just had to register to shed a little more light on the situation your fiance is in as he is on ODSP (Ontario Disability Support Program).

Is he aware that it is a requirement to inform the ODSP worker/office that he is not in Canada? Any changes in living arrangments(I know he's visiting but the requirements state the recipient is to report ANY changes ie. outside of Canada for more than 30 days (he's been there for 2 months).

The reason I'm bringing this to your attention is the border is linked with government social service program (Ontario Works = welfare), E.I = Employment Insurance (unemployment)etc. Do keep in mind that the Canadian government provided Homeland Security with it's citizens information and the US made it mandatory for Canadians to be in possession of a passport to enter the US (maybe some P.O.E allows enhanced Canadian and American driver's license). Therefore, if the ODSP office becomes aware that he is out of the country for 30 days he can be investigated and charged with Fraud Over or Under $5000 (Section 380 (1) of the Canadian criminal Code) ie. defrauding the public purse (CIMT if the Fraud is Over $5000 = Indictable - Fraud Under $5000 = Summary. Workers normally refer for charges when it reaches over $5000 (don't use this as how much money he has to receive while in the US, you can still have issues with US immigration if any type of charge is received.

Not trying to scare you just want your fiance to be prepared so he knows how to deal with ODSP office if they were informed by border information and ODSP worker decides to refer him for criminal charges. They will contact him to come in for a review or to see his worker and they will ask questions were he will end up incriminating himself even when he tries to be truthful. I have experience with the Social Services field and personal experience with the justice system and you don't want him to be unable to AOS because he may not realize his obligation to ODSP which will lead to overpayments/criminal charge and he won't be able to return to Canada to answer any questions, abandoning the AOS. I'm sure the monies he received after 30 days is an overpayment as he has not been in the country for the past 60 days (failure to report).

Here is a link that might be helpful to you to better understand what is required of a client in receipt of ODSP ---- http://74.6.239.67/search/cache?ei=UTF-8&p=reporting+changes+to+odsp&fr=sfp&u=www.forms.ssb.gov.on.ca/mbs/ssb/forms/ssbforms.nsf/AttachDocsPublish/006-2865~1/%24File/2865.pdf&w=reporting+report+reports+changes+change+changing+odsp+%22ontario+disability+support+program%22&d=FcYime8_Ujms&icp=1&.intl=us&sig=vtREkd_chhYeQ3br6ElIug--

My suggestion: As he will need to give 60 days notice to vacate his accommodation - have him write a letter and sign it informing his landlord that he is giving him 60 days notice - Register the letter and send it to a trusted friend/relative to give to the landlord by May 31/June 1st.

1. Research free community legal clinics in the the area/city of Ontario that he resides in. Have him block your phone # and he doesn't have to give his name. Just inform the person who answers that he is on ODSP and requires urgent information and he is not able to come into their office. He's disabled so most likely he can just tell them he can't make it in. They may ask him to leave a message - Do ask to speak to a live person - tell them he has no phone for a callback. If they aren't able to answer his questions, research ODSP advocacy community agency or group and they can direct him to an agency that will be able to answer any questions he has.

Questions to ask: If he is out of Canada for more than 30 days (as he was not aware) will he have an overpayment owing.

*If he leaves the country to marry someone outside of Canada, how will his benefits be affected (almost sure as mentioned by another member, he will not receive monies/qualify once he leaves Canada permanently).

He can also ask what are his options of receiving disability in Canada again should you both decide to live in Canada at a later time.

#Is there anyway he can temporary close his file for a period of time if he plans to leave the country and get married (probably not).

Have him ask as many questions re: whatever your circumstance is as do keep in mind he may have a hard time getting disability again if he decides to come back to Canada (this won't happen as you'll be togeather to the end

It is very difficult in Canada to obtain disability so do ensure he is fully aware of all the repercussions to his livelihood if he cancels his disability before you both make concrete plans.

I can imagine how overwhelmed you may feel but do research the ODSP information so everything is on the up and up.

These are just suggestions to assist, as your fiance is on disability and I wouldn't want to see you both overwhelmed because he may not be aware of what's required of him (regulations are hard for the workers to understand much less the client, so do ensure he's an informed client). Advocacy and agencies are available for clients on disability, don't be afraid to utilize their help if he needs it.

I agree AOS is best, (Maybe someone who is experience as to whether he will need a waiver due to disability/health) or.... Ensure you file the AOS paperwork as soon as you both decide he's not returning to Canada (before the 6 month mark, I would get it done by the 90 day mark if you can to be safe)until he has a Green card in his hand). Do listen to the other posters as they are correct.- before the 6 month mark (from the day he arrived on US soil).

Moving to Canada (our heathcare is good, but if you can financially support the family, stay in the US - it's cheaper to own a house there. If you came to Canada to live, it maybe hard for him to sponsor you and baby as the monies received on disability would probably not be enough to show that he can support you both and any social service programs Government provides to it's citizens, usually ends up discriminating clients, as they can never meet the financial requirements.

In the future, you can try to access Canadian citizenship for yourself and the baby definately have rights to Canadian citizenship even if he/she was born in US (dual citizenship).

I say not to worry about concerns of his intent to immigrate (aware of Canadians who got approved at the interview and the adjudicator only wanted to know they weren't in US past 6 months time frame (check if it's been changed to 90 days or still maximum 6 month visit for Canadians) before AOS was filed. As pointed out by another member he still has his apartment, etc and he can request something in writing from ODSP worker the day he informes ODSP that he no longer requires assistance. Keep a copy of the 60 day notice and the copy of postmarked envelope and anything else you can think of to prove otherwise and you should be fine.

Do research if anything is needed for US immigration as he has a disability certificate, to sponsor him. Again, know what his options are, as he has an obligation once again to report changes to ODSP.

Wishing you both the best of luck!

**Please consult a US Immigration attorney that is familiar with Canadians and disability or maybe a agency that serves the community and can refer you to free immigration help as your fiance has a disability if you have questions (sometimes they give 30 mins free consultation, as I'm not an expert.

[Tater&Bugger 3]

My fiance and I live less than 2hrs driving across the border so I have no stamps either (not to mention for a while we didn't even need passports to cross!). I printed a map with directions from my house to his showing how close we are... but our application is still in progress. When I do start crossing again I will be asking for stamps. It was also suggested to me by other members to show proof that you purchased gas for the trip. I know I don't keep old gas receipts but if you used your credit card that could always work!

[Bernie C 24]

I disagree.

While clearly there is intent to live together, you can say that about every engaged couple and every married couple - but that's not the point.

It is clearly stated that it is all about intent to immigrate, without first obtaining the correct visa - not about intent to live together. They could just have easily chosen for her to immigrate to Canada.

Anyway, that's the way I see it.

My point was if he came here and they got married and tried to AOS there is a high degree of risk if they try to AOS without going through the CR-1 process.

They already have many visits - this would go along way towards intent.

Same applies for living together. If CBP suspected they were "living together" they would deny entry and be forced to apply for a visa.

Of course the intent it to live together! How you go about "living together" is what makes the difference.

Hmmm - I'm not even sure what the diagreement was. Maybe my wording was wrong to begin with and I didnt come accross with my words as to what my mind was trying to say