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CanadianMarie

Canadian visiting the US wants to get married

By CanadianMarie in Adjustment of Status from Work, Student, & Tourist Visas

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CanadianMarie Rookie

CanadianMarie   0

Posted
Filed: Timeline
Posted

Hi, I'm a Canadian visiting the US and I want to marry my boyfriend down here (he's an American). Is it possible for us to just go and get married, fill out the visa application and for me to stay down here visiting him while it processes? Also, any idea how long it is 'til I can work once we first fill out the application? Any help at all would be really great!

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Sweetcheeksss Rising Star

Sweetcheeksss   91

Posted
Filed: IR-1/CR-1 Visa Country: Canada
 Timeline
Posted

Think it depends on what reason you told the border guards when you crossed, because it could potentially be harmful to you in the long run due to misrep.

Tho, I'm not very experienced on this so hopefully someone else can give their experience/opinion on this subject

Good luck with everything!

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Bobby+Umit Mentor

Bobby+Umit   161

Posted
Filed: Lift. Cond. (apr) Country: Turkey
 Timeline
Posted (edited)

Yes, if you entered the US lawfully, you can marry an USC, then attempt to AOS.

Times vary - check the USCIS site for timelines.

You may be looking at 3-4 months before you could get an EAD to work. (they usually give 90 days to process - but it can be quicker).

(moving from K-3 to AOS from Tourist visa - more related)

Edited by Bobby+Umit

My Advice is usually based on "Worst Case Scenario" and what is written in the rules/laws/instructions. That is the way I roll... -Protect your Status - file before your I-94 expires.

WARNING: Phrases in this post may sound meaner than they were intended to be. Read the Adjudicator's Field Manual from USCIS

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GabiandVi Proficient

GabiandVi   34

Posted
Filed: AOS (pnd) Country: Benin
 Timeline
Posted

If you are already here, no problem. Just get married, file the I-130, I-485, I-765, and I-131 concurrently. Don't leave the US until you get your I-131.

It seems to be taking about 2-3 months after USCIS receives the AOS package until interview. It'll take you at least a couple of weeks to get the paperwork together, including the I-693. It seems very complicated and overwhelming to start with, but it is actually not difficult, and you'll get a lot of help here. Start with the guides, but don't worry about how it says that you should go home and apply from there. Everything after that is helpful.

AOS Timeline

4/14/10 - Packet received at Chicago Lockbox at 9:22 AM (Day 1)

4/24/10 - Received hardcopy NOAs (Day 10)

5/14/10 - Biometrics taken. (Day 31)

5/29/10 - Interview letter received 6/30 at 10:30 (Day 46)

6/30/10 - Interview: 10:30 (Day 77) APPROVED!!!

6/30/10 - EAD received in the mail

7/19/10 - GC in hand! (Day 96) .

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ValerieA Experienced

ValerieA   350

Posted
Filed: Lift. Cond. (apr) Country: Canada
 Timeline
Posted

Here is a link to the guides for the Adjustment of Status process. As mentioned above, do NOT leave the US until you have your AP.

AOS Guide

Post on Adjudicators's Field Manual re: AOS and Intent: My link
Wedding Date: 06/14/2009
POE at Pearson Airport - for a visit, did not intend to stay - 10/09/2009
Found VisaJourney and created an account - 10/19/2009

I-130 (approved as part of the CR-1 process):
Sent 10/01/2009
NOA1 10/07/2009
NOA2 02/10/2010

AOS:
NOA 05/14/2010
Interview - approved! 07/29/10 need to send in completed I-693 (doctor missed answering a couple of questions) - sent back same day
Green card received 08/20/10

ROC:
Sent 06/01/2012
Approved 02/27/2013

Green card received 05/08/2013

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CanadianMarie Rookie

CanadianMarie   0

Posted
Filed: Timeline
  • Author
Posted (edited)

Would I be able to visit Canada and get back into the US during this time, while the application is still processing?

lol nevermind, I guess you just answered that question as I was posting it!

Yes, if you entered the US lawfully, you can marry an USC, then attempt to AOS.

Times vary - check the USCIS site for timelines.

You may be looking at 3-4 months before you could get an EAD to work. (they usually give 90 days to process - but it can be quicker).

(moving from K-3 to AOS from Tourist visa - more related)

Edited by CanadianMarie
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engineer21 Proficient

engineer21   51

Posted
Filed: Citizen (pnd) Country: Indonesia
 Timeline
Posted

Just wanted to add, that depending on how long ago you entered the US and when you are getting married, they might question your intent when you came here. They may wonder about whether or not you planned to come and get married all along, which you aren't supposed to do on a tourist visa.

Just be ready for that in case it gets asked.

AOS 05/08/10 - sent05/14/10 - receipt date on NOAs - transferred to National Benefits Center06/14/10 - Biometrics Done - Lawrence, MA (original appt)07/26/10 - Interview - APPROVED!!07/30/10 - Welcome letter rec'd (notice date: 07/26)08/05/10 - Green Card (&EAD) Received! - 2 months and 28 days total!ROC 04/28/12 - ROC package sent05/03/12 - check cashed05/04/12 - NOA1 received - dated 05/01/1206/07/12 - Biometrics done02/07/13 - Approved (status update via text msg)02/14/13 - Ten year Green card receivedNaturalization07/26/13 - eligible (90 day window opened 4/27/13)02/24/14 - N-400 sent to Dallas03/04/14 - Check cashed & case accepted (update via txt & email)03/10/14 - Biometrics appt letter rec'd (scheduled for 03/28/13)03/28/14 - Biometrics done04/01/14 - In line for interview 04/03/14 - Case status change to scheduled for interview04/10/14 - interview letter rec'd 5/13/14 - interview 6/3/14 - in line for oath 6/30/14 - Scheduled for oath
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GabiandVi Proficient

GabiandVi   34

Posted
Filed: AOS (pnd) Country: Benin
 Timeline
Posted

Just wanted to add, that depending on how long ago you entered the US and when you are getting married, they might question your intent when you came here. They may wonder about whether or not you planned to come and get married all along, which you aren't supposed to do on a tourist visa.

Just be ready for that in case it gets asked.

I have no first hand knowledge about this. However, there have been many discussions on this site about "intent" with regards to an AOS based on marriage to a USC. There are quite a few people who insist that intent to remain DOES NOT come into play in these cases unless there are other negative factors, such as a criminal background, etc.

Where your timeline might be significant is in proving that the marriage is valid. Make sure you include as much evidence of a bona fide marriage as you can.

AOS Timeline

4/14/10 - Packet received at Chicago Lockbox at 9:22 AM (Day 1)

4/24/10 - Received hardcopy NOAs (Day 10)

5/14/10 - Biometrics taken. (Day 31)

5/29/10 - Interview letter received 6/30 at 10:30 (Day 46)

6/30/10 - Interview: 10:30 (Day 77) APPROVED!!!

6/30/10 - EAD received in the mail

7/19/10 - GC in hand! (Day 96) .

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engineer21 Proficient

engineer21   51

Posted
Filed: Citizen (pnd) Country: Indonesia
 Timeline
Posted

I have no first hand knowledge about this. However, there have been many discussions on this site about "intent" with regards to an AOS based on marriage to a USC. There are quite a few people who insist that intent to remain DOES NOT come into play in these cases unless there are other negative factors, such as a criminal background, etc.

Where your timeline might be significant is in proving that the marriage is valid. Make sure you include as much evidence of a bona fide marriage as you can.

I don't have 1st hand knowledge either. It may or may not become an issue. Just wanted the OP to be aware of the possibility.

Don't mean to scare..

And yes, bonafide-ness (is that a word?) of marriage is definitely the most important thing.

AOS 05/08/10 - sent05/14/10 - receipt date on NOAs - transferred to National Benefits Center06/14/10 - Biometrics Done - Lawrence, MA (original appt)07/26/10 - Interview - APPROVED!!07/30/10 - Welcome letter rec'd (notice date: 07/26)08/05/10 - Green Card (&EAD) Received! - 2 months and 28 days total!ROC 04/28/12 - ROC package sent05/03/12 - check cashed05/04/12 - NOA1 received - dated 05/01/1206/07/12 - Biometrics done02/07/13 - Approved (status update via text msg)02/14/13 - Ten year Green card receivedNaturalization07/26/13 - eligible (90 day window opened 4/27/13)02/24/14 - N-400 sent to Dallas03/04/14 - Check cashed & case accepted (update via txt & email)03/10/14 - Biometrics appt letter rec'd (scheduled for 03/28/13)03/28/14 - Biometrics done04/01/14 - In line for interview 04/03/14 - Case status change to scheduled for interview04/10/14 - interview letter rec'd 5/13/14 - interview 6/3/14 - in line for oath 6/30/14 - Scheduled for oath
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CanadianMarie Rookie

CanadianMarie   0

Posted
Filed: Timeline
  • Author
Posted

How can they prove whether or not we had an intent on getting married when I entered? Couldn't I have simply come down here to visit him, and wanted to get married because I wanted to stay and be with him?

I don't have 1st hand knowledge either. It may or may not become an issue. Just wanted the OP to be aware of the possibility.

Don't mean to scare..

And yes, bonafide-ness (is that a word?) of marriage is definitely the most important thing.

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engineer21 Proficient

engineer21   51

Posted
Filed: Citizen (pnd) Country: Indonesia
 Timeline
Posted

How can they prove whether or not we had an intent on getting married when I entered? Couldn't I have simply come down here to visit him, and wanted to get married because I wanted to stay and be with him?

Yes, you can and it is fine. Sorry!! I didn't mean to make you worry. I'm just saying they might ask.

But if the marriage is real and you have done nothing wrong, you will be fine.

AOS 05/08/10 - sent05/14/10 - receipt date on NOAs - transferred to National Benefits Center06/14/10 - Biometrics Done - Lawrence, MA (original appt)07/26/10 - Interview - APPROVED!!07/30/10 - Welcome letter rec'd (notice date: 07/26)08/05/10 - Green Card (&EAD) Received! - 2 months and 28 days total!ROC 04/28/12 - ROC package sent05/03/12 - check cashed05/04/12 - NOA1 received - dated 05/01/1206/07/12 - Biometrics done02/07/13 - Approved (status update via text msg)02/14/13 - Ten year Green card receivedNaturalization07/26/13 - eligible (90 day window opened 4/27/13)02/24/14 - N-400 sent to Dallas03/04/14 - Check cashed & case accepted (update via txt & email)03/10/14 - Biometrics appt letter rec'd (scheduled for 03/28/13)03/28/14 - Biometrics done04/01/14 - In line for interview 04/03/14 - Case status change to scheduled for interview04/10/14 - interview letter rec'd 5/13/14 - interview 6/3/14 - in line for oath 6/30/14 - Scheduled for oath
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CanadianMarie Rookie

CanadianMarie   0

Posted
Filed: Timeline
  • Author
Posted

So once we sign the marriage papers and are a married couple, do we file for a I-130 (and what follows, etc) or the AOS? Or is this the same thing? Sorry, I'm new to all of this so it's all a little confusing. Also, do I apply for all of these at once: (I-130, I-485, I-765, and I-131) or is it a one-at-a-time process sort of thing, as in I get approved for one and then go on to the next form?

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SF83 Explorer

SF83   1

Posted
Filed: Lift. Cond. (apr) Country: United Kingdom
 Timeline
Posted (edited)

It is actually illegal to enter the US with the intent of marrying and adjusting status without the correct Visa. Just so you know that if things went wrong, you are not entitled to appeal their decision. I am currently adjusting status myself from the Visa Waiver Program, however it wasn't planned. I was only supposed to be here for 2 weeks and have things to prove that if they ever decided to make an issue out of the 'intent' thing.

As for the forms you would have to file them all at the same time. I would advise you to seek legal advice before doing anything.

Edited by Jinxxabelle

Jinxxabelle's Removal Of Conditions Timeline

Mailed Package To Vermont Service Center: 06/06/2012

Package Received At Vermont Service Center: 06/08/2012

Checks Cashed: 06/15/2012

NOA1 Received: 06/18/2012

Biometrics Notice Received: 07/07/2012

Biometrics Appointment: 07/24/2012

Approved: 03/11/2013

Card Production Ordered: 03/11/2013

10 Year GC Received: 03/16/2013

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Krys & Nova Enthusiast

Krys & Nova   2

Posted
Filed: AOS (apr) Country: Canada
 Timeline
Posted (edited)

Hi my fellow Canadian,

I am in you r exact shoes... I can here over the xmas holidays and my husband popped the question. I did not return to Canada and started the whole process of adjusting my status while living in the US. We filed April 24, 2010 and our interview is July 27, 2010.

I would suggest that you not leave the US until you have green card in hand. Even if you apply for an AP (advance parole), STAY IN THE USA!! The reason I say this is; IT IS UP THE BORDER GUARD... If he/she doesn't like your face, suspects you we untrue when crossing the last time, he/she can refuse your entry even with your AP. Once you get you GC, travel all you want.

As for having intenet... they can speculate, but they have to have UNDENIABLE PROOF!!!

I am going to email you my checklist that is specific to us Canadian as we don't reall have visa's and or not really a part of the waiver program. If you have any question on the forms, what's normal, you get stressed, don't hesitate to email me. I'm on here at least once a day.

Krys

Edited by Krys & Nova

AOS from Canadian Visitor....

02/22/2010 - Got Married.

04/24/2010 - Sent I-130, I-485, I-765 and I-131 to Chicago Lockbox

04/26/2010 - Package received in Chicago @ 10.16 AM by K Walker (Day 01)

04/30/2010 - Both cheques cashed / Entered in USCIS system (Day 05)

05/04/2010 - Received all 4 NOA's dated April 30, 2010 (Day 09)

05/24/2010 - Biometric letter received (FINALLY!!!)(Day 29)

06/02/2010 - Biometrics walk in DONE!!! (Day 38)

06/17/2010 - "Original" Biometrics appointment (Day 53)

06/21/2010 - Interview letter (dated June 17, 2010) (Day 57)

07/07/2010 - Approval AP (I-131) (Day 73)

07/09/2010 - 1st EAD (I-765) Card Production Order (Day 75)

07/14/2010 - 2nd EAD (I-765) Card Production Order (Day 80)

07/15/2010 - Received AP (where's my EAD??) (Day 81)

07/26/2010 - Received EAD (Day 92)

07/27/2010 - GC Interview @ 2.30pm APPROVED!!! (Day 93) (3 mths and 3 days)

07/27/2010 - Passport stamp received (I-551)

07/31/2010 - welcome letter and I-130 aproval (Day 97)

08/05/2010 - Received SSN card

08/07/2010 - RECEIVED GREEN CARD! (Day 104)

ROC

04/28/2012 - Removal of Condition window opens

07/02/2012 - Sent out ROC package

07/05/2012 - Package received @ VSC

07/06/2012 - NOA1 received

07/10/2012 - Chq cashed

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CanadianMarie Rookie

CanadianMarie   0

Posted
Filed: Timeline
  • Author
Posted

I did not come with an intent to marry. I was just visiting (I booked a return ticket too) so there's nothing illegal there.

It is actually illegal to enter the US with the intent of marrying and adjusting status without the correct Visa. Just so you know that if things went wrong, you are not entitled to appeal their decision. I am currently adjusting status myself from the Visa Waiver Program, however it wasn't planned. I was only supposed to be here for 2 weeks and have things to prove that if they ever decided to make an issue out of the 'intent' thing.

As for the forms you would have to file them all at the same time. I would advise you to seek legal advice before doing anything.

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