PLEASE HELP!!

[KG0411 0]

Ok, so can someone please give me a CLEAR, STEP-BY-STEP BREAKDOWN of what my husband and I must do in order for me to be here, in the states, legally, as a permanent resident. I've been reading so many answers and so many topics on the site and on other external site and I am more confused than ever . I am a Canadian citizen. I had entered the US multiple times without an hassle. On June 4, 2010, I was denied entry because I failed to show significant ties to Canada to prove I was returning, including a return flight. I was held for over 2 hours, had my prints taken, as well as other information. I returned back to Canada and gathered all the necessary papers I needed. I went back on June 4, 2010 and provided the papers and was allowed entry. My return is dated for October 17, 2010. I was questioned as to why I was staying for so long and provided proof that I was there for vacation as well as to visit my boyfriend, and special occasions I was invited to(weddings mainly). My boyfriend, then unexpectedly got a marriage license and we just wed last week. We were on the brink of break up, which was also a main reason I came here, to fix things and I told this to the CBP officer. What should I do? As far as I know right now, I can apply for the AOS along with the I-130, or just go with the CR-1 visa route. According to my situation, is it safe to apply for the AOS? If not and I take the CR-1 route, can we send in the forms now and come October 17, 2010, I must leave? Would I be able to come back to visit for just a couple days? For example, for Christmas or New Years? Or, must I wait out until the process is done, and not see my husband until then? Thanks for any help!!!! I just need to know exactly what to do based on my situation so we can start them immediately!

[Flames9_RN 358]

Not to be rude, but why are you starting ANOTHER thread asking the SAME question!! The answers are not going to change!

No one, and I mean no one cares more about your case then YOU!!! Take some time (more than 3o seconds,lol) and read over the cr-1 forum. At the top their are guides then give you step by step instructions!! Same goes for the k1 (fiance) forum!

You don't have to make us belive that ur intentions of staying in the USA was a spur of the moment thing, its the USA govt people that make that decision! You could possibly be flagged because you had a denied entry, or not, who knows! and again,i bet there is step by step instructions on the AOS forum!

The process, paperwork wise isnt that hard, its the waiting for many that is the hardest! So take some TIME and read over the forums! I belive Trailmix on 1 of ur other threads posted a good link for you!! Best of luck

[HeatDeath 430]

Because you were married within 30 days of entry, you may have a hard time proving that you had no intention to marry when you crossed the border. There is an informal "30-60-90" days rule. Marriages within 30 days are usually assumed to have been intended at the border crossing. Marriages after 60 days are a toss-up, and marriages after 90 days are usually assumed not to have been intended. This is an informal, unofficial, unwritten CBP/USCIS rule of thumb, and is not, in itself, any cause for panic. If you have significant evidence that you intended to return promptly to Canada (a return ticket, a job waiting for you, a rental agreement or mortgage) then the presumption of intent can be overcome.

If you apply for AOS, you will file an I-130, an I-485, an I-765, and an I-131.

A one-time consult with an immigration lawyer might be a good idea, but in my non-professional opinion, filing for AOS, while not a dead lock, should be reasonably safe.

If you choose to go the CR-1 route (which is significantly safer, but takes significantly longer) you can start the process now, while you are in the US. You would certainly have to leave when your admitted stay is up in October. You should be able to return for Christmas/New Years. Just bring your documentary proof of strong ties to Canada, as you were made to this time. Lots of people are able to visit the US while their CR-1 is in process. It's not a dead lock, as it depends on the particular CBP officer you get, but the odds are quite good.

Above all, don't panic. This process works best if you stay cool like ice, working the steps one at a time. Like a bulldozer: slow, steady, and powerful. Be careful, pay attention to details, and no force on earth can stop you.

Edited June 23, 2010 by HeatDeath

[Flames9_RN 358]

negate my k1 comment--forgot she was married

[Darnell 8,478]

http://www.visajourney.com/forums/topic/261963-just-got-married-now-what/page__view__findpost__p__4019571

If 'intent' is of some concern to you, stick with option 2.

[trailmix 77]

I answered you yesterday, when you asked this identical question here:

http://www.visajourney.com/forums/topic/262064-extremely-confused-newlywed/page__p__4021100__fromsearch__1#entry4021100

Then when you posted the question again here, I mentioned that there was no need to post the question twice, VJ is not that big:

http://www.visajourney.com/forums/topic/262065-extremely-confused-newlywed/page__p__4021101__fromsearch__1#entry4021101

Now you have posted the identical text for the 3rd time?

As someone mentioned, the answers are not going to change.

Edited June 24, 2010 by trailmix

[antda 13]

(Lol...I posted this message MANY times on VJ before....but I might as well re-post it again here too...)

Hi KG0411,

Yes, VISITOR to AOS is perfectly LEGAL to do! (lol...I for one have done such...see my vj timeline...)

No, it's not illegal that you came to the US and get married while you were down here for a visit.

AS LONG AS YOU CAME HERE WITHOUT PRIOR INENTION TO IMMIGRATE ON YOUR VISIT and not do this as to avoid and/or break immigration laws, then it's fine and legal to do such.

I was in the same situation before too, as I came over to visit my boyfriend (now husband), on a tourist visa (which are rare for Canadians, as Canadians generally don't need visas to visit the USA) from Canada for 2 weeks, and then ended up getting married here in the USA, and overstayed, and then filed the paperwork with immigration. And yes, I did get approved and got my green card afterwards. For more information on my situation, see my VJ timeline (the link can be found on my signature).

In fact, I had no clue about the immigration/visa process when I got married and afterwards and was 'stuck' in the USA...

Definitely no intention at all in my case....Just visited...got married..then realized..Uh Oh....Can I stay?

So I went to seek the advice of an immigration lawyer....

And it was the lawyer that said that I should do the Visitor to AOS route instead of the other immigrant visa routes....(no point in going back for me..)...

Definitely not a loophole here! It is legal! But yes, it does carry a lot of risk in this process!

For example, if there was a denial in the Visitor to AOS route, it could not have been appealed (unlike the other visa routes), and one would have been deported...scary....

But we took that risk anyways..and it paid off for me....Can't say that this works for everyone though...

Again, contact a lawyer if in doubt of your particular situation....Which I advise anyone to do in this and in any case...

Every situation is different...So don't pre-judge as to one way is better than another way......

As long as in the end it all works out well, then so be it...

Hope this helps too..Good luck on your journeys too..

Ant

P.S. If you of HAVE PRIOR INTENTION TO IMMIGRATE ON YOUR VISIT you're probably better off filing for:

-A CR-1 (marriage visa...go back your former country, get married in the former country, file paperwork, come to the USA, get green card...)

Ok, so can someone please give me a CLEAR, STEP-BY-STEP BREAKDOWN of what my husband and I must do in order for me to be here, in the states, legally, as a permanent resident. I've been reading so many answers and so many topics on the site and on other external site and I am more confused than ever . I am a Canadian citizen. I had entered the US multiple times without an hassle. On June 4, 2010, I was denied entry because I failed to show significant ties to Canada to prove I was returning, including a return flight. I was held for over 2 hours, had my prints taken, as well as other information. I returned back to Canada and gathered all the necessary papers I needed. I went back on June 4, 2010 and provided the papers and was allowed entry. My return is dated for October 17, 2010. I was questioned as to why I was staying for so long and provided proof that I was there for vacation as well as to visit my boyfriend, and special occasions I was invited to(weddings mainly). My boyfriend, then unexpectedly got a marriage license and we just wed last week. We were on the brink of break up, which was also a main reason I came here, to fix things and I told this to the CBP officer. What should I do? As far as I know right now, I can apply for the AOS along with the I-130, or just go with the CR-1 visa route. According to my situation, is it safe to apply for the AOS? If not and I take the CR-1 route, can we send in the forms now and come October 17, 2010, I must leave? Would I be able to come back to visit for just a couple days? For example, for Christmas or New Years? Or, must I wait out until the process is done, and not see my husband until then? Thanks for any help!!!! I just need to know exactly what to do based on my situation so we can start them immediately!

Edited June 24, 2010 by Ant+D+BabyA