Just Got Married, Now What?

[KG0411 0]

So I am new to this site and a friend of mine referred me to it. My husband and I just got married unexpectedly last week. I had entered the states on June 5, 2010 from Canada. There is so much information on this site that I am getting a little confused I understand I need to fill out the CR-1/IR-1 Visa forms. What exact forms are included in this? A clear breakdown would be appreciated! Also, when I was at the border, they asked how long I was going to stay here until and I had told them, until October 17, 2010. My question is, am I allowed to stay here until my paperwork is done, or must I leave on October 17, 2010? A friend of mine told me that I could stay while everything is being processed, but if I leave, i can't expect to come back until it is done. Any advice and any feedback would really help! Thanks!

[Darnell 8,478]

a lot depends on yer intent, evaluated at the border crossing.

IF you have no intent to get married, at the border crossing, then there is the POSSIBILITY that you can remain in USA, file for AOS immediately (see http://www.visajourney.com/content/i130guide2 )

Now, if you HAD INTENT to get married in USA, at the border crossing, then yer USC spouse should be filing an I-130 to the lockbox in Chicago. At some point, you'll need to return to Canada, go play in Montreal for a week (medical exam and interview) and then get the CR-1 visa stamp in yer passport (see http://www.visajourney.com/content/i130guide1 )

or - you can choose to do nothing, for now - enjoy your married life, not worry about US Immigration.

It's all up to you.

And yer USC Spouse ...

Good Luck !

[March2010 2]

You need to do this:

http://www.visajourney.com/content/i130guide2

[KG0411 0]

We had no intent to get married when I entered the states. They had given me a hassle and denied me entry once because they thought I had no intention of returning home. I came back and provided the papers I need to prove I was going to go back. Since the marriage was unexpected, how do I know if I am eligible to stay while the papers are being processed? As stated in that link you provided, in the warning box, it says that if I attempt to file and do not qualify, my legal status in the states will be in jeopardy. Does that mean if I get denied, I automatically get sent back to Canada or does that mean I have to go back on October 17, 2010? How long does that process even take? If I get denied before I am supposed to go back (October 17, 2010) does that mean I leave right away? How would I know if I do qualify then?

[KG0411 0]

You need to do this:

http://www.visajourney.com/content/i130guide2

Under the download forms, each link gives the same set of forms. Which one do I download?

[Harpa Timsah 13,258]

Under the download forms, each link gives the same set of forms. Which one do I download?

If you are in the US now, then you can apply for adjustment of status, the concurrent I-130/I-485 that people are linking you to. You can stay in the US while the application is pending, although you cannot work until you get your work permit which takes about 3 months.

There are two main forms, the I-130 and the I-485, and then there are related forms (think the I-130 and I-485 are like umbrellas with some other forms underneath them). Just start by familiarzing yourself with the forms, and good luck!

[KG0411 0]

a lot depends on yer intent, evaluated at the border crossing.

IF you have no intent to get married, at the border crossing, then there is the POSSIBILITY that you can remain in USA, file for AOS immediately (see http://www.visajourney.com/content/i130guide2 )

Now, if you HAD INTENT to get married in USA, at the border crossing, then yer USC spouse should be filing an I-130 to the lockbox in Chicago. At some point, you'll need to return to Canada, go play in Montreal for a week (medical exam and interview) and then get the CR-1 visa stamp in yer passport (see http://www.visajourney.com/content/i130guide1 )

or - you can choose to do nothing, for now - enjoy your married life, not worry about US Immigration.

It's all up to you.

And yer USC Spouse ...

Good Luck !

you said apply for the AOS right away? That's the I-485 form, correct? What reason would I chose under that form? Also, do I mail that in first? Or, do I mail in the whole application together?

Edited June 22, 2010 by KG0411

[KG0411 0]

If you are in the US now, then you can apply for adjustment of status, the concurrent I-130/I-485 that people are linking you to. You can stay in the US while the application is pending, although you cannot work until you get your work permit which takes about 3 months.

There are two main forms, the I-130 and the I-485, and then there are related forms (think the I-130 and I-485 are like umbrellas with some other forms underneath them). Just start by familiarzing yourself with the forms, and good luck!

So, I just go ahead and send in the I-485 first? What reason do I check off in that form? Then do I wait to see if I get approved, then send in the I-130 forms?

Edited June 22, 2010 by KG0411

[engineer21 51]

So, I just go ahead and send in the I-485 first? What reason do I check off in that form? Then do I wait to see if I get approved, then send in the I-130 forms?

No, send the i-130 together with i-485. check reason 'a' on part 2 of form i-485.

Just be ready for them to question your intent when entering the US. They may not ask, but be ready.

[KG0411 0]

No, send the i-130 together with i-485. check reason 'a' on part 2 of form i-485.

Just be ready for them to question your intent when entering the US. They may not ask, but be ready.

Ok so just those two forms first right? What do you mean by be ready for them to question me when I enter? I am already in the US Sorry for all the questions! This process is just so confusing!! Also, when filling out the forms, do I now use my married last name? And in the I-485, do I use the US address I am staying at, or my home address?

Edited June 22, 2010 by KG0411

[KG0411 0]

No, send the i-130 together with i-485. check reason 'a' on part 2 of form i-485.

Just be ready for them to question your intent when entering the US. They may not ask, but be ready.

Also, on the I-485 form, it as for the I-94 information. I was not issued an I-94 when I entered the states, what do I do?

[engineer21 51]

Ok so just those two forms first right? What do you mean by be ready for them to question me when I enter? I am already in the US Sorry for all the questions! This process is just so confusing!! Also, when filling out the forms, do I now use my married last name? And in the I-485, do I use the US address I am staying at, or my home address?

Sorry for being unclear. yes I know you already entered.

I meant later on in the immigration process, be ready for USCIS to ask about your intent when you entered (past tense)the US.

I say this because you got married relatively soon after arriving here.

Yes, file just the 2 forms (130 and 485)

If you would like to get work authorization while waiting (thats i-765) and permission to travel/advance parole (i-131), you can file these forms together with 485 and 130 also.

Not necessary, can take a few months for these to be approved themselves, but can be nice to have.

Hehheh.. hope I didn't confuse you any further

[engineer21 51]

Also, on the I-485 form, it as for the I-94 information. I was not issued an I-94 when I entered the states, what do I do?

from you location, I'm assuming you are a canadian citizen. Most canadian here have reported writing down:

'none/Canadian' where it asks for I-94 information.

You can also do a search on the canadian specific forum to ask what the other members have done.

[KG0411 0]

Sorry for being unclear. yes I know you already entered.

I meant later on in the immigration process, be ready for USCIS to ask about your intent when you entered (past tense)the US.

I say this because you got married relatively soon after arriving here.

Yes, file just the 2 forms (130 and 485)

If you would like to get work authorization while waiting (thats i-765) and permission to travel/advance parole (i-131), you can file these forms together with 485 and 130 also.

Not necessary, can take a few months for these to be approved themselves, but can be nice to have.

Hehheh.. hope I didn't confuse you any further

Oh okay now I understand! hehehe! Also, when filling out the forms, do I now use my married last name? And in the I-485, do I use the US address I am staying at, or my home address? Thanks so much for your patience! It's really helping me out a lot!

Edited June 22, 2010 by KG0411

[Harpa Timsah 13,258]

Oh okay now I understand! hehehe! Also, when filling out the forms, do I now use my married last name? And in the I-485, do I use the US address I am staying at, or my home address? Thanks so much for your patience! It's really helping me out a lot!

First of all, calm down There are instructions with all the forms, read them carefully.

If you legally changed your name when you got married, then that is your new name and you should use it.

What I don't think you are realizing yet is that this application is to become a permanent resident of the US. So it means that "the address you are currently staying at" in the US is NOW HOME.