Wow..a lot of info to take in

[ptcouture 0]

I am sorry in advance for asking so many questions, I am not very educated so I do not know much, especially in this area. Please help us out as much as you can. We don't have money to hire a lawyer, so we will have try and do this on our own.

I am a U.S. Citizen, I got my citizenship through naturalization when I was in my early teens. I am now 23 btw. Anyhow, my wife (Canadian citizen) and I just got married a week ago in Seattle, our plan is to live in the States and start a family here. She is not going to go back to Canada to visit until she gets her GC. I am in the process of filling out the I-30 form and I have couple of questions:

For my side on #13 it asks me to "give the give certificate number and date and place of issuance of my naturalization." The problem here is that I was never given a certificate or anything for that matter. All I was given was a U.S. passport once I became a U.S. citizen. All I know is that everything was done in the Seattle office. So...would I need to get this information?, and if I do, how would I go about giving this information.

For her side on #14 it asks "14. If your relative is currently in the U.S., complete the following:" I don't want them to know that she is and will be living here until she gets her GC (I was told that most likely they will deport her after her 6 months visiting visa expired, so it would best to not say anything) What do you guys think? we visit each other often prior, but the longest we ever stayed at ones country was a month. I am sure they have it in the system that she arrives as a visitor.

For #17. "List husband/wife and all children of your relative." So do I write my info on here since I am her husband?

For #21. "If filing for your husband/wife, give last address at which you lived together. (Include street, city, province, if any, and country):" We never really lived together until now, we visited each others for couple weeks and what not. What should I write in here?

For #22. "Complete the information below if your relative is in the United States and will apply for adjustment of status." Again, what do I write here?

Okay I have a couple more questions to go:

Should I and could I do the following prior to sending this form out?

1. Get her last name changed to mine

2. Get her a joint bank account with me

3. Get her a WA State drivers license

4. Get her on my medical and dental benefits through work

5. Put her on my W-4 for tax

Again, thank you all very much.

[canadian_wife 1,795]

1. I would contact the local office or make an infopass appointment to find out your naturalization information. I assume this is important information not to be left blank

http://infopass.uscis.gov/

2. She is not living in the US. She is visiting. And they already know. Put that she is in the US. Not doing so could result in misrepresentation which you want to avoid. Besides, what's that line on the bottom of the I-130 say about lying on the forms? Oh yes, it's against the law

3. #17 list your name as the spouse

4. Since she is staying for a large amount of time, put the address you are current at

5. Is your wife adjusting status? If yes, then put the city and state you are currently in. If she is not, then put N/a in that blank and move over to the right and put "Montreal, Canada" since that is where the interview will be

If she plans on using her name, she should begin changing it to yours. Begin with her Canadian passport so the green card arrives in her married name. The rest is up to the bank and the DOT of her state. The medical can only be done at a certain time, again...is she adjusting status in the US or is she returning to Canada?

If your wife is not adjusting status, note that this process can take over a year to complete. For Canadians interviewing in Montreal, it is a very long process. If she stays in the US longer than a year, she could accumulate time towards a ban, you want to avoid this as well

Good luck

[Canadiandggal 49]

I am sorry in advance for asking so many questions, I am not very educated so I do not know much, especially in this area. Please help us out as much as you can. We don't have money to hire a lawyer, so we will have try and do this on our own.

I am a U.S. Citizen, I got my citizenship through naturalization when I was in my early teens. I am now 23 btw. Anyhow, my wife (Canadian citizen) and I just got married a week ago in Seattle, our plan is to live in the States and start a family here. She is not going to go back to Canada to visit until she gets her GC. I am in the process of filling out the I-30 form and I have couple of questions:

For my side on #13 it asks me to "give the give certificate number and date and place of issuance of my naturalization." The problem here is that I was never given a certificate or anything for that matter. All I was given was a U.S. passport once I became a U.S. citizen. All I know is that everything was done in the Seattle office. So...would I need to get this information?, and if I do, how would I go about giving this information. Make a Infopass appointment to get all the information on your naturalization, I know that naturalization for a "child" is different then an adult there is no test etc.

For her side on #14 it asks "14. If your relative is currently in the U.S., complete the following:" I don't want them to know that she is and will be living here until she gets her GC (I was told that most likely they will deport her after her 6 months visiting visa expired, so it would best to not say anything) What do you guys think? we visit each other often prior, but the longest we ever stayed at ones country was a month. I am sure they have it in the system that she arrives as a visitor.

Are you not doing AOS? I mean if she is already there then you can do AOS instead of a Cr-1 and in both cases you need to tell them the truth they could look it up!

For #17. "List husband/wife and all children of your relative." So do I write my info on here since I am her husband? Yes you are her husband so your "info" would go here

For #21. "If filing for your husband/wife, give last address at which you lived together. (Include street, city, province, if any, and country):" We never really lived together until now, we visited each others for couple weeks and what not. What should I write in here?

Write N/a as you have never lived together

For #22. "Complete the information below if your relative is in the United States and will apply for adjustment of status." Again, what do I write here?

If you are doing AOS, complete the information.

Okay I have a couple more questions to go:

Should I and could I do the following prior to sending this form out?

1. Get her last name changed to mine (she can if she wants)

2. Get her a joint bank account with me (sure)

3. Get her a WA State drivers license (cant unless she has a SSN which she wont get till after AOS)

4. Get her on my medical and dental benefits through work (again most cannot be added without a SSN)

5. Put her on my W-4 for tax (possible, sure if you can)

Again, thank you all very much.

[Canadiandggal 49]

That didnt go As I had planned lol lets try this again to be clear

1)Make a Infopass appointment to get all the information on your naturalization, I know that naturalization for a "child" is different then an adult there is no test etc. click link http://infopass.uscis.gov/

2)Are you not doing AOS? I mean if she is already there then you can do AOS instead of a Cr-1 and in both cases you need to tell them the truth they could look it up!

3)Yes you are her husband so your "info" would go here

4)Write N/a as you have never lived together

5)If you are doing AOS, complete the information.

1. Get her last name changed to mine (she can if she wants)

2. Get her a joint bank account with me (sure)

3. Get her a WA State drivers license (cant unless she has a SSN which she wont get till after AOS)

4. Get her on my medical and dental benefits through work (again most cannot be added without a SSN)

5. Put her on my W-4 for tax (possible, sure if you can)

good luck

[soon2batexan 3]

If she is already in the US, entered as a visitor, and is now your spouse, why not just file the I-1485 application to adjust status to permanent resident? If you file the I-130, I'm pretty sure she'll have to go back to Canada for an interview, etc.

Did she enter as a K-1? Did she indicate it was her intent to come to the US to get married when she entered? If not, she should be able to just adjust status from visitor to LPR.

[Darnell 8,478]

are you looking to 'get her a visa' --> http://www.visajourney.com/content/i130guide1

or

'adjust status' ? --> http://www.visajourney.com/content/i130guide2

She is not going to go back to Canada to visit until she gets her GC

if you've no plan for her to return to Canada, you really should look into 'adjust status' instead of 'get her a visa'. For either 'thing', ya - the I-130 is needed, but if yer NOT persuing a VISA, 'how' to fill out this form will differ.

Hey ! Welcome to VJ !! You've got some great questions, but I suggest you delve into those 2 guides first, then map out which route you two will be taking.

Edited September 9, 2010 by Darnell

[ptcouture 0]

1. I would contact the local office or make an infopass appointment to find out your naturalization information. I assume this is important information not to be left blank

http://infopass.uscis.gov/

2. She is not living in the US. She is visiting. And they already know. Put that she is in the US. Not doing so could result in misrepresentation which you want to avoid. Besides, what's that line on the bottom of the I-130 say about lying on the forms? Oh yes, it's against the law

3. #17 list your name as the spouse

4. Since she is staying for a large amount of time, put the address you are current at

5. Is your wife adjusting status? If yes, then put the city and state you are currently in. If she is not, then put N/a in that blank and move over to the right and put "Montreal, Canada" since that is where the interview will be

If she plans on using her name, she should begin changing it to yours. Begin with her Canadian passport so the green card arrives in her married name. The rest is up to the bank and the DOT of her state. The medical can only be done at a certain time, again...is she adjusting status in the US or is she returning to Canada?

If your wife is not adjusting status, note that this process can take over a year to complete. For Canadians interviewing in Montreal, it is a very long process. If she stays in the US longer than a year, she could accumulate time towards a ban, you want to avoid this as well

Good luck

I did not know about the AOS until now. I would like to pursue the legal and safe route since she is leaving in the US with me. If she was to go back to Canada, it would only be to visit her family. But yes, our plans are to live in the U.S. permanently. Thank you very much!

That didnt go As I had planned lol lets try this again to be clear

1)Make a Infopass appointment to get all the information on your naturalization, I know that naturalization for a "child" is different then an adult there is no test etc. click link http://infopass.uscis.gov/

2)Are you not doing AOS? I mean if she is already there then you can do AOS instead of a Cr-1 and in both cases you need to tell them the truth they could look it up!

3)Yes you are her husband so your "info" would go here

4)Write N/a as you have never lived together

5)If you are doing AOS, complete the information.

1. Get her last name changed to mine (she can if she wants)

2. Get her a joint bank account with me (sure)

3. Get her a WA State drivers license (cant unless she has a SSN which she wont get till after AOS)

4. Get her on my medical and dental benefits through work (again most cannot be added without a SSN)

5. Put her on my W-4 for tax (possible, sure if you can)

good luck

Now that I know, we will go with the AOS route. What is the difference between AOS and CR-1? Do I still need to fill out the I-30 form going with AOS route?

Thank you very much!

If she is already in the US, entered as a visitor, and is now your spouse, why not just file the I-1485 application to adjust status to permanent resident? If you file the I-130, I'm pretty sure she'll have to go back to Canada for an interview, etc.

Did she enter as a K-1? Did she indicate it was her intent to come to the US to get married when she entered? If not, she should be able to just adjust status from visitor to LPR.

Yes she is already in the US, we got married here too and our plans are to live here. She did not enter as K-1, she entered as a visitor just like any other time she cross the border to visit.

Thank you for your help!

are you looking to 'get her a visa' --> http://www.visajourney.com/content/i130guide1

or

'adjust status' ? --> http://www.visajourney.com/content/i130guide2

She is not going to go back to Canada to visit until she gets her GC

if you've no plan for her to return to Canada, you really should look into 'adjust status' instead of 'get her a visa'. For either 'thing', ya - the I-130 is needed, but if yer NOT persuing a VISA, 'how' to fill out this form will differ.

Hey ! Welcome to VJ !! You've got some great questions, but I suggest you delve into those 2 guides first, then map out which route you two will be taking.

Thanks for the warm welcome! Yes she has no plans to go back to visit Canada until she is legally able to cross the US border without hiccups.

[ptcouture 0]

I think I should go into detail a little bit more than my OP. Sorry for the lack of details and keeping you guys guessing.

She came across the US border as a visitor status in August.

We got married in the US 2 weeks after.

She is and will be living in the US with me.

She is not planning to visit Canada until she is legally able to come back to the US without trouble from customs.

She would like to be able to work and go to school as resident status within a year or so.

She would like to visit her family back home in Canada as much as she wants, and be allowed to come back to the US to live.

What would be the best option for us?

[kruz_patz 22]

In the first place, How did you apply for US passport without certificate of citizenship/naturalization certificate ?

Edited September 10, 2010 by kruz_patz

[canadian_wife 1,795]

I see some issues in your case, not to mention the overstay, she married you within 2 weeks of entering. She had every intention of crossing the border and marrying you to live. This is all true correct?

Good luck

[Canadiandggal 49]

I see some issues in your case, not to mention the overstay, she married you within 2 weeks of entering. She had every intention of crossing the border and marrying you to live. This is all true correct?

Good luck

She may not have intended to be married, however that pose a great question. Did you two already arrange to be married? was this a planned wedding? did you just elope? If you two intended to get married on this visit then this could pose some problems and she really should go back to Canada and start the CR-1 visa. It is not illegal to get married to a US citizen and you dont technically need a visa to do so but she must return home and do the CR-1 visa. However if the wedding was Unplanned, she may do the AOS. I don't exactly see where she overstayed as She entered in August and it is only September however I may have missed something along the way.

Here is the links to both guides, I suggest you read up on them

cr-1 Visa

http://www.visajourney.com/content/i130guide1

Aos procedure

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

[LotofPatience 65]

If she didn't have the intention to marry you while entering in visit visa, she may do adjust the status. Check the I-94 stamp and the expiry date. When you file I-1485 (AOS), the overstay part is over and I-94 is immaterial.

BTW, as kruz said, how did you get U.S passport without Naturalization certificate, if you are not a natural citizen.

Loto

[Canadiandggal 49]

If she is from canada she most likely did not get a I-94, We don't usually need vistor visas and can usually go back and forth without much problems. (However secondary can really frigging suck )

[LotofPatience 65]

If she is from canada she most likely did not get a I-94, We don't usually need vistor visas and can usually go back and forth without much problems. (However secondary can really frigging suck )

Yes, that's correct , Canadiandggal

Loto

[ptcouture 0]

Thanks all for the replies.

I am originally from Australia. However, my mom got married to my stepfather (American) and we moved to the states when I was 10. I got my Passport when my mother got hers, and for some reason they never issued me a naturalization certificate, but they did issue her one. I did get my passport, social security number, and citizenship though.

My wife is Canadian so its pretty easy to cross the border. I do not think she ever got an I-94 before, but I am not sure, I will have to check her passport. However, when she cross the last time, the U.S. border did pull us in and asked us questions and what not. They know that we were engaged, and we told them she was coming to visit and would only be staying for a few weeks. We actually did not plan to get marry during her visit, we got into a huge fight and a had a talk, we then decided to just get marry now and she would live here with me.

Edited September 11, 2010 by ptcouture