Confused about our options...

[timetravelingypsy 0]

I'm not sure where to post this as our situtation is a little... odd. I am a U.S. citizen and my fiance is a Canadian citizen who is studying here in the U.S. on a student visa. He will finish his course work in December but will not march until May 2011 (The college he is attending only graduates once a year). He is also in the process of obtaining a Green Card. His parents applied for him back in 2002 before he came to the States for school when he was a minor. They recieved their Green Cards back in 2007 but there was some complication with his paperwork and it has taken a longer time. From what I understand, last October (2009) he recieved notification that his application was under review. I'm wondering what our opptions are for getting married. We would like to marry next summer after he graduates. Can I file a K1 if he is a still a student here in the U.S. or must he be out of the country for me to file (this is an option as he may need to return to Canada in December so that he can obtain work. It would just lengthen the time 'til we can get married)? Should we just wait for the Green Card that has already been applied for?

On a side note, does anyone who has their Green Card have a phone number he can call that connects to an actual person so he can check his status? This has been 8 years in the process and it seems a little ridiculous for him not to be able to get any information as to what the hold up is.

Thank you for your help!

[trailmix 77]

Hi and welcome,

When you say "they" received their greencards back in 2007, you mean his parents? There are numbers to call for information, where exactly is his application at this point - physically?

You could file for a K1 while he is still in the U.S., he would have to go back to Canada for the medical and interview.

Alternately you could just apply to adjust his status, have a look at the Guides here on VJ (link at the top of this page).

[timetravelingypsy 0]

Hi and welcome,

When you say "they" received their greencards back in 2007, you mean his parents? There are numbers to call for information, where exactly is his application at this point - physically?

You could file for a K1 while he is still in the U.S., he would have to go back to Canada for the medical and interview.

Alternately you could just apply to adjust his status, have a look at the Guides here on VJ (link at the top of this page).

Yes, "they" refers to his parents.

I'm not sure exactly where the app is "physically." Something I should check. Should any call be made directly to the physical location?

I'm a little confused as to what you mean by "apply to adjust his status." I've looked through the guides and the information that I've seen is in regards to the K1 or K3 process and adjusting status after one is married.

Thank you for your reply!

[Dodi 69]

Contact the Dept of State at 202-633-1225 for more information. They can direct you to the proper contact office.

Also, have your fiance's parents contact their local Senator or Representative to help look into the process.

You CAN apply for the K1, however, if he's got a greencard coming as an unmarried child of a USC, it'd probably be easier to just wait for that to come through, and then adjust the status after, since you're not planning to marry for another year.

IF the green card doesn't come then get married and adjust from student to spouse and apply for your green card from that.

Good luck!!

[Leigh Ann 8]

If you want to get through to someone at USCIS, call the number that they have for information. Rather than trying to choose the best options (which pretty much guarantees you'll never talk to anyone), you can request a form, and then when it says, which form would you like? Choose the "I don't know" option and it should connect you to someone. When they ask if you're looking for a form, just say no and explain the situation. He'll have to call, not you.