Getting my Canadian Wife Permanent Residency

[armstrob 0]

Hello Forum,

First off, let me apologize for the length of this post, but I want to make sure I explain the details of our situation. My wife and I got married not too long ago. May 21st, to be exact. She was just visiting the US when we got married, which I am to understand is perfectly legal, given that there was no intent of marriage at poe. (which there was not) Now that we're married, obviously i want her to live here in the us with me.

I've read through quite a few posts here, and have gotten some useful information, but I want to ask a few questions specific to our situation. First, my wife is living with her father back in Canada. Currently she's still in the us with me. At the end of the summer, her dad is planning to move. This kind of threw a wrench into the plan. We aren't sure what to do. I've read that once you file for AOS, she can't leave the country until it's approved. So, do i have her go back to canada and move with her dad, and then file the forms after that? Or should we try to have her dad put her stuff in a storage area for now, and we file the forms now and once they're approved, go get her stuff?

I guess what I'm really looking for is some general advice on what to do. The last thing I want is to lose the love of my life. So, any help would be greatly appreciated. From what I've seen, this is a great forum, and I know you guys will help me out. I tried keeping this short, if I left something out of importance, let me know and I will specify. Thanks

[Krikit 1,164]

Your answer depends on what you are willing to put up with. If she leaves to help her Dad move then you will have to file a family-based visa which would take anywhere from 7-12 months (give or take) and all that entails, financially and emotionally. Or, you could file for AOS immediately and there is a good chance that she will be approved prior to her father's move, depending on when that is. If it were me, I would choose the latter.

Good luck, and welcome to VJ.

[armstrob 0]

Thank you for the quick reply, I really appreciate it. As far as filing for AOS, what all is involved in doing that? If you could give me specifics, that would be great.

[Krikit 1,164]

Here is the link to the USCIS process: http://www.uscis.gov/portal/site/uscis/menuitem.eb1d4c2a3e5b9ac89243c6a7543f6d1a/?vgnextoid=2da73a4107083210VgnVCM100000082ca60aRCRD&vgnextchannel=2da73a4107083210VgnVCM100000082ca60aRCRD

Here is the link to the Guides, which can be found on one of the tabs at the top of the page:

http://www.visajourney.com/content/guides

Someone who has actually gone through the process will probably see your post and respond with more detailed information shortly.

Oh. Don't forget to visit the Canada Forum as well. You will find a lot of helpful people and information there also.

[armstrob 0]

Thanks again Krikit, I appreciate the help. Anyone who has actually gone through this process have any advice for me?

[dracoasa 0]

Hi there

i was thru exactly the same situation. My husband is US Citizen and I am Canadian citizen; i came here to visit my parents and him as boyfriend and ... we 2 months into the visit we decided to get married. As I was not planning this I had all my stuff in the appart. i was renting in Canada.

What we did: I applied for AOS, Advanced Parole (the document that allows u to travel while USCIS works on your file) and EAD the same time. In 2 months i received the AP and i was able to leave US and go in Canada to put all my stuff in a storage until i received the GC (to be be able to bring my stuff without paying any custom fees).

The best thing i think will be to have her dad placing her stuff in a storage. When she gets her GC she can bring them here without any custom fee. I used ABF; I did a great deal with them.

Check my signature and u'll see the time frame. If you have any more questions send me a private message and we also can chat on yahoo or skype. All the best.

[Starburst 4]

Hello,

As other's have said, I would go ahead and just apply for Adjustment just to get it out of the way. Chances are, it could be approved before the move depending when you filed it, when the move is.

Infact, I applied for mine in the last weekend in June and I had my interview and approval by Sept. 24th. So it can be fairly quickly.

Krikit linked you instructions, but feel free to message me if you have any questions or need any help

Good Luck and congrats on the marriage!

/starburst

[mrFreelancer 0]

Hi Folks, newbie here. I have a similar issue but with a slight twist.

My wife is Canadian (I'm US citizen). We've already been married for over a year. We got married during her visit to the states here, however, she still lives in Canada and goes back and forth on visits/vacations without problems. The slight twist is we got married without her having to fill out a K-1 or similar visa to enter the US since Canadians don't need a visa.

However, now she is planning on making a move here. So, after looking over the AOS process (I-485 especially), it seems we don't fit the options on the "Application Type" section. I was thinking she simply comes here like she normally does as a visitor, then we simply apply for the I485 while she's here but what App Type should we specify? Here's the facts so far...

1. We married on one of her visits here WITHOUT a fiance application

2. She "doesn't" have a K-1 or similar since she never entered on one

3. She's always entered legally, even the time we decided to get married (basically spur of the moment)

4. She's able to currently go in/out of the states without probs

Help and thoughts would be greatly appreciated as we don't have the funds to afford a costly lawyer.

Thnx!

[Sweetcheeksss 91]

I think you would have to go the spousal visa route, but if you do she'll have to stay in Canada to wait until it's approved. Of course, she'll be allowed (at the discretion of the POE guard) to visit whilst it's being processed.

Because when she enters, when asked the purpose of her trip, if she is untruthful, and ends up staying in the US - that could really come back to bite her (and you) in the butt.

Good luck, I'm sure many others will give you more detailed advice.

Edited September 22, 2010 by Sweetcheeksss

[Starburst 4]

I think you would have to go the spousal visa route, but if you do she'll have to stay in Canada to wait until it's approved. Of course, she'll be allowed (at the discretion of the POE guard) to visit whilst it's being processed.

Because when she enters, when asked the purpose of her trip, if she is untruthful, and ends up staying in the US - that could really come back to bite her (and you) in the butt.

Good luck, I'm sure many others will give you more detailed advice.

Sweet is right. Because she has left the US after the marriage, she will need to remain in Canada and then apply to bring her here.

If she enters as a visitor as tries to adjust, I'm pretty sure that's considered fraud as she will have to lie at the POE. I would NOT recommend you doing this as it's never good to lie. Always be truthful with your immigration process.

Read the guides above and make sure that you review your applications before submitting.

Good Luck!

Edited September 23, 2010 by Starburst

[JimVaPhuong 4,863]

As you've discovered, no visa is needed to marry in the United States. However, generally, an appropriate visa is required to immigrate to the United States. An exception is an immediate relative of a US citizen who is already in the United States. This exception is provided as a courtesy to the US citizen, and not as an alternative to the normal immigrant visa process. Entering the US with a non-immigrant visa or entry pass while having the intention to immigrate is a violation of US immigration law.

Lecture over... back to reality.

People do what you're considering all the time, and few get caught for it. The truth is that USCIS no longer denies AOS solely because of preconceived intent. Because AOS is discretionary, the immigration officer is supposed to weigh the positive and negative factors to reach a decision. Preconceived intent is definitely a negative factor, but being an immediate relative of a US citizen is considered to be a bigger positive factor. The risk isn't whether they'll determine she had preconceived intent - it's a foregone conclusion they'll determine that. The risk is if they determine that she misrepresented her intent to any US immigration officer. If they do, then they've got her for material misrepresentation, which can potentially result in a lifetime ban from the United States. The risk is not big, but it does exist. There is no such risk with a spousal visa.

[mrFreelancer 0]

Thanks for all the replies.

But I'm wondering, wouldn't it be ok still if she comes as a visitor and stay a few months.... since I believe canadians can stay up to 6 months at a time. And during that stay,

we file our I485 (AOS) paper? I mean, she's still technically coming to "visit".... and during the time she's here we just "suddenly" make up our made to fill out the AOS.

Also i noticed that there's an "Other" option on the "Application Type" of the I485. I mentioned in my initial post that I didn't see an option we fit. But I'm wondering if we can checkoff that "Other" option and simply put an explanation such as "Husband is US citizen. I wish to live with him"... or something like that?

Thoughts or experiences anyone?

[JimVaPhuong 4,863]

Thanks for all the replies.

But I'm wondering, wouldn't it be ok still if she comes as a visitor and stay a few months.... since I believe canadians can stay up to 6 months at a time. And during that stay,

we file our I485 (AOS) paper? I mean, she's still technically coming to "visit".... and during the time she's here we just "suddenly" make up our made to fill out the AOS.

Also i noticed that there's an "Other" option on the "Application Type" of the I485. I mentioned in my initial post that I didn't see an option we fit. But I'm wondering if we can checkoff that "Other" option and simply put an explanation such as "Husband is US citizen. I wish to live with him"... or something like that?

Thoughts or experiences anyone?

The reason they're going to presume she had preconceived intent is because she's already married to a US citizen. The exception that allows an immediate relative of a US citizen to file for AOS while in the United States is to accommodate an unexpected change in circumstances, and not an unexpected change of mind. As I said, it's not meant to be used as an alternative to the normal immigration visa process. She won't be automatically denied for the preconceived intent, but it does give them a reason to look for misrepresentation. Here's a little hypothetical conversation that might take place at the POE:

CBP officer: Why are you visiting the US today?

Wife: I'm going to visit my husband.

CBP officer: Is your husband a US citizen?

Wife: Yes.

CBP officer: Do you intend to apply for a green card?

Wife: No.

Now, this conversation would fit the scenario you're describing, right? At the time of entry she doesn't intend to adjust status, but she decides after she enters that she'll apply for a green card. When she applies for AOS, if the immigration officer uses their discretion to determine that she had preconceived intent to immigrate, then the statement made in the above conversation just became a material misrepresentation. It's a misrepresentation because she said she wasn't going to adjust status, but did anyway. It's material because her being allowed to enter the US was dependent on her answer. If she'd have answered 'yes' then she would have been denied entry. Why? Because it's illegal to use a non-immigrant visa or entry pass with the intention of immigrating.

The basis you would be applying under is described by check box 'a' in part 2 - an approved immigrant visa petition or concurrently filed immigrant visa petition that would make a visa number immediately available. You don't just send the I-485 unless you already have an immigrant visa approved, or a non-immigrant visa that allows for adjustment of status (like a K1). The requirements to adjust status are:

1. You have to apply.

2. You have to be eligible and not inadmissible (medical and criminal background, etc.).

3. There must be an immigrant visa number immediately available for you.

You would be submitting an I-130 immigrant visa petition with the I-485 to establish that #3 is true.