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garyjennings Newbie

garyjennings   0

Posted
Filed: Other Country: Canada
 Timeline
Posted

Hello I have found this website from Canuck(s)abroad and found it very helpful

I recently married my girlfriend and our dreams of having a life together are stalling because I can't work or go to school in the US legally. I am a Canadian citizen born and raised there and she was born and raised in San Diego. We are now living in San Diego having fun in the sun :)

I have some questions and if anyone could point me in the right direction it would be a great help to both of us.

I came to the country visiting a friend and I met a girl eventually and we got married. So which visa do I have to file for? I want to be able to work and go to school ASAP and I do have a friend who is a lawyer who works for immigration offices here and am meeting her tomorrow so she can draw me up a "road map" of the process and fees, but I want to read as much as I can tonight.

I will answer any questions you have that may help in figuring which route to go.

Thank you for your time and for the information that is here

Kindest Regards

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Inky Grand Master

Inky   1,110

Posted
Filed: Citizen (apr) Country: Canada
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Posted

If you want to file for a visa, you would file for CR-1 and go back to canada.

You could file for AOS if you had no intention of staying when you went. Not sure how long you have been in the US that could make it more difficult.

Take a look at both the guides for thos.

You will need to get a medical and you will need canadian long form birth certificate and canadian police certificates.

-------------------------------------------- as1cE-a0g410010MjgybHN8MDA5Njk4c3xNYXJyaWVkIGZvcg.gif

Your I-129f was approved in 5 days from your NOA1 date.

Your interview took 67 days from your I-129F NOA1 date.

AOS was approved in 2 months and 8 days without interview.

ROC was approved in 3 months and 2 days without interview.

I am a Citizen of the United States of America. 04/16/13

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soon2batexan Explorer

soon2batexan   3

Posted
Filed: Lift. Cond. (pnd) Country: Canada
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Posted

If you entered the US with the intent of visiting and then decided to get married, you actually can just adjust from B-2 (which is what they automatically grant you when you enter the US as a visitor/tourist if you're from Canada) to a Permanent Resident. You'll have to file form I-485, same as anyone else who applies for a green card, but unlike many others to marry outside the country to have to apply for a visa prior to entry, it's likely you can just adjust as a visitor. While in the US, you are deemed to be in whatever status you entered on until you apply otherwise (ie student, tourist, etc).

One important thing to note - now that you're married, I don't recommend leaving the US while your green card app is pending. You can apply for a travel document, but in order to adjust your status from that of a visitor and remain in the same status you entered on, it's important that you don't leave until you receive or green card. Otherwise, you'll end up having to file visa paperwork and remain in Canada while it's processed.

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garyjennings Newbie

garyjennings   0

Posted
Filed: Other Country: Canada
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I called a local office here in SD about this (saw an ad for a free consultation on the site here actually lol) they said I need to file for AOS and it would cost $2500?

Where can I find the current fees and processing times?

thank you for the help you have provided so far

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Inky Grand Master

Inky   1,110

Posted
Filed: Citizen (apr) Country: Canada
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Posted

Check the guide.

No one can really give you a process time because everyones process is different. It depends how long it takes you to get your stuff ready and how long it takes them to process and if you get RFEs etc.

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

-------------------------------------------- as1cE-a0g410010MjgybHN8MDA5Njk4c3xNYXJyaWVkIGZvcg.gif

Your I-129f was approved in 5 days from your NOA1 date.

Your interview took 67 days from your I-129F NOA1 date.

AOS was approved in 2 months and 8 days without interview.

ROC was approved in 3 months and 2 days without interview.

I am a Citizen of the United States of America. 04/16/13

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Markieboy Proficient

Markieboy   104

Posted
Filed: Citizen (apr) Country: Philippines
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Posted

If you entered the US with the intent of visiting and then decided to get married, you actually can just adjust from B-2 (which is what they automatically grant you when you enter the US as a visitor/tourist if you're from Canada) to a Permanent Resident. You'll have to file form I-485, same as anyone else who applies for a green card, but unlike many others to marry outside the country to have to apply for a visa prior to entry, it's likely you can just adjust as a visitor. While in the US, you are deemed to be in whatever status you entered on until you apply otherwise (ie student, tourist, etc).

One important thing to note - now that you're married, I don't recommend leaving the US while your green card app is pending. You can apply for a travel document, but in order to adjust your status from that of a visitor and remain in the same status you entered on, it's important that you don't leave until you receive or green card. Otherwise, you'll end up having to file visa paperwork and remain in Canada while it's processed.

Excellent advice! :thumbs:

NATURALIZATION
02/15/13 - Mailed N-400
02/19/13 - Received by Phoenix Lockbox (day 01)
02/21/13 - NOA1 issued (day 03)

REMOVAL OF CONDITIONS (WIFE)
02/18/12 - Eligible for Removal of Conditions on Residence
03/23/12 - Mailed I-751 to CSC
03/26/12 - Received by CSC (day 01)
03/31/12 - Received NOA1 (day 06)
05/02/12 - Biometrics done (day 38)
10/23/12 - Received approval email (day 212)
11/01/12 - Received green card (day 221)

IR-2 (STEPDAUGHTER)
06/01/10 - Mailed I-130 petition
06/03/10 - Package delivered to USCIS (day 01)
06/08/10 - NOA1 issued (day 06)
11/03/10 - Received approval email (day 154)
11/08/10 - Received approval notice in mail (day 159)

NATIONAL VISA CENTER (STEPDAUGHTER)
11/08/10 - NVC received case from USCIS
11/09/10 - NVC case # & IIN generated, email addresses given, DS-3032 sent via email & USPS (day 01)
11/16/10 - Received and paid AOS bill (day 08)
11/17/10 - AOS bill marked as PAID; AOS packet express mailed (day 09)
11/19/10 - Received and paid IV bill; DS-3032 accepted (day 11)
11/22/10 - IV bill marked as PAID; IV packet express mailed (day 14)
12/03/10 - Sign-in failed (day 25)
12/09/10 - INTERVIEW SCHEDULED FOR JANUARY 10, 2011 @ 6:45AM
12/28/10 - Medical exam done at SLEC Manila - PASSED! (day 40)
01/10/11 - Interview at USEM Manila - APPROVED! (day 53)
01/21/11 - Stepdaughter received passport with IR-2 visa! (day 64)

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Canadiandggal Proficient

Canadiandggal   49

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

I called a local office here in SD about this (saw an ad for a free consultation on the site here actually lol) they said I need to file for AOS and it would cost $2500?

Where can I find the current fees and processing times?

thank you for the help you have provided so far

heres a link to USCIS site:

http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=3faf2c1a6855d010VgnVCM10000048f3d6a1RCRD&vgnextchannel=dd346d26d17df110VgnVCM1000004718190aRCRD

heres a Guide

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

best place to get information on AOS

http://www.visajourney.com/forums/forum/7-adjustment-of-status-green-card-from-family-based-visas/

~~~Marriage : 2009-07-10~~~

~~~I-130 Sent : 2009-11-24~~~

~~~ Medical : 2010-09-28~~~ ~~~ MTL Interview : 2010-10-20~~~ ~~~ APPROVED~~~

~~~POE Date :2010-10-31~~~ ~~~Received SSN's 2010-11-08~~

~~~Welcome Letter/Notice Receipt :2010-11-30~~~ ~~~Received Our Green Cards 2010-12-06~~~

~~~ ROC :2012-08-20~~~ ~~~NOA1 :2012-08-28~~~ ~~~BIO :2012-09-25~~~~

age.png

age.png

event.png

~~~Do not argue with an idiot. He will drag you down to his level and beat you with experience.~~~

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garyjennings Newbie

garyjennings   0

Posted
Filed: Other Country: Canada
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  • Author
Posted (edited)

I am reading some of the guides now and looking around the site :)

Thank you all for the help in pointing me in the right direction, and the advice. it seems much easier than I originally thought and the only problem seems to be the time we will have to wait.

I have a book by him sitting in front of me Shal

Edited by garyjennings
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nickbits Community Regular

nickbits   43

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

I called a local office here in SD about this (saw an ad for a free consultation on the site here actually lol) they said I need to file for AOS and it would cost $2500?

Where can I find the current fees and processing times?

thank you for the help you have provided so far

You can do it yourself (no lawyer) for half that.

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Rob and Jill Community Regular

Rob and Jill   82

Posted
Filed: AOS (apr) Country: Scotland
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Posted
So part of the $2500 is a fee for someone else to do it for you?

Yes, about $1,500 of it is a lawyer fee!

Also, they don't say this on a lot of stuff, so if money is an issue at all, be prepared to get nickel and dimed A LOT during the process...even if you file alone!

"You don't marry someone you can live with, you marry the person you can't live without."

Mailed K-1 on 2-6-10

USCIS received packet on 2-8-10

NOA 1: Received 2-16-10

NOA 2: Approved 4-29-10 (72 Days)

NVC Forwarded Petition to London- 5-6-10

NVC Letter Received: 5-7-1010

London Received Packet: 5-14-10

London Mailed Packet to Rob: 5-18-10

Packet 3 Received by Rob: 5-22-2010

Packet 3 paperwork mailed to Rob 6-12-10

Medical- July 8, 2010

Everything mailed to Embassy 7-19-10

Interview Date: 9-14-10- Approved pending non-machine washed replacement passport.

Entry to US- 10-6-10 POE- Newark

Wedding- 10-23-10

AOS

Mailed AOS paperwork to the Chicago lockbox 1-7-11

Delivery Notification 1-10-11

Text stating application was received 1-20-11

Check Cashed 1-21-11

NOA 1 received 1-22-11

Biometrics letter received 1-29--11

Biometrics appointment 2-24-11

Received notice- I-485 has been transferred to the California Service Center 2-9-11.

3-11-11 - EAD production ordered

3-19-11- EAD Received

3-31-2011- AOS approved without interview

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garyjennings Newbie

garyjennings   0

Posted
Filed: Other Country: Canada
 Timeline
  • Author
Posted

Yes, about $1,500 of it is a lawyer fee!

Also, they don't say this on a lot of stuff, so if money is an issue at all, be prepared to get nickel and dimed A LOT during the process...even if you file alone!

I have a friend that is an immigration lawyer, I meet with them tomorrow to get some advice so I should be in good hands

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