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Canadian marrying a green card applicant

By zeeca in Bringing Family Members of Permanent Residents to America

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zeeca Newbie

zeeca   0

Posted
Filed: Other Country: Canada
 Timeline
Posted

Hi there,

I am a Canadian living here in the US but I am out of status. My Fiancee is here with a work visa and she should be applying in 3 month for her Green Card. My question is; should we get married before or after she gets her green card so that I can get a green card too?

How long would it take me before I would be able to get a work permit?

Would sombody answer my question PLEASE

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RICARDO4EVA2 Mentor

RICARDO4EVA2   194

Posted
Filed: F-2A Visa Country: Jamaica
 Timeline
Posted

Hi there,

I am a Canadian living here in the US but I am out of status. My Fiancee is here with a work visa and she should be applying in 3 month for her Green Card. My question is; should we get married before or after she gets her green card so that I can get a green card too?

How long would it take me before I would be able to get a work permit?

Would sombody answer my question PLEASE

She cannot help u for the next 5 years sorry.

Current cut off date F2A - Current 

Brother's Journey (F2A) - PD Dec 30, 2010


Dec 30 2010 - Notice of Action 1 (NOA1)
May 12 2011 - Notice of Action 2 (NOA2)
May 23 2011 - NVC case # Assigned
Nov 17 2011 - COA / I-864 received
Nov 18 2011 - Sent COA
Apr 30 2012 - Pay AOS fee
Oct 15 2012 - Pay IV fee
Oct 25 2012 - Sent AOS/IV Package
Oct 29 2012 - Pkg Delivered
Dec 24 2012 - Case Complete
May 17 2013 - Interview-Approved

July 19 2013 - Enter the USA

"... Answer when you are called..."

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Saddle Bronc Grand Master

Saddle Bronc   124

Posted
Filed: Citizen (apr) Timeline
Posted (edited)
She cannot help u for the next 5 years sorry.
Incorrect actually. He can marry his fiancee before she gets GC, and get a dependent visa. For this, he will need (post-marriage):
  1. copy of her passport (a copy of her Citizenship Card/Certificate, if she has one, will also work)
  2. copy of her work visa and I-94
  3. copy of the marriage licence/certificate
  4. his passport (good idea to carry his Citizenship Card/Certificate along on the trip)
  5. if going through airport-PFI, no extra moneys (airline already clobbered for I-94 fee), if by land enough cash for I-94 fee

If he waits until she gets the GC, he's shafted.

If he qualifies for work visa (dependent visas generally have the drawback that the holder cannot work in the US--the commonest one issued to Canadians, TD, is facetiously expanded as "total disaster"), there may be another alternative--him getting a job (and work visa) and then doing the marriage.

This is something I know well, being an erstwhile Canuck and erstwhile TN-1 holder.

Edited by Saddle Bronc

2005/07/10 I-129F filed for Pras

2005/11/07 I-129F approved, forwarded to NVC--to Chennai Consulate 2005/11/14

2005/12/02 Packet-3 received from Chennai

2005/12/21 Visa Interview Date

2006/04/04 Pras' entry into US at DTW

2006/04/15 Church Wedding at Novi (Detroit suburb), MI

2006/05/01 AOS Packet (I-485/I-131/I-765) filed at Chicago

2006/08/23 AP and EAD approved. Two down, 1.5 to go

2006/10/13 Pras' I-485 interview--APPROVED!

2006/10/27 Pras' conditional GC arrives -- .5 to go (2 yrs to Conditions Removal)

2008/07/21 I-751 (conditions removal) filed

2008/08/22 I-751 biometrics completed

2009/06/18 I-751 approved

2009/07/03 10-year GC received; last 0.5 done!

2009/07/23 Pras files N-400

2009/11/16 My 46TH birthday, Pras N-400 approved

2010/03/18 Pras' swear-in

---------------------------------------------------------------------

As long as the LORD's beside me, I don't care if this road ever ends.

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uwmouse Newbie

uwmouse   0

Posted
Filed: F-2A Visa Timeline
Posted

Hi there,

I am a Canadian living here in the US but I am out of status. My Fiancee is here with a work visa and she should be applying in 3 month for her Green Card. My question is; should we get married before or after she gets her green card so that I can get a green card too?

How long would it take me before I would be able to get a work permit?

Would sombody answer my question PLEASE

You should marry her BEFORE she gets her GC. You can file a follow-to-join after she gets it. It seems you can't file adjustment of status (form i485) together with her since you're out of status (not 100% sure, you may want to consult with a lawyer). If you marry her after she gets her GC, you'll be stuck in a long line like us - current waiting time is slightly less than 4 years!!!

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Saddle Bronc Grand Master

Saddle Bronc   124

Posted
Filed: Citizen (apr) Timeline
Posted
Hi there,

I am a Canadian living here in the US but I am out of status. My Fiancee is here with a work visa and she should be applying in 3 month for her Green Card. My question is; should we get married before or after she gets her green card so that I can get a green card too?

How long would it take me before I would be able to get a work permit?

Would sombody answer my question PLEASE

Really need more complete info--such as what are your quals?

You can, if you want to marry rightaway, do the dependent-visa.

2005/07/10 I-129F filed for Pras

2005/11/07 I-129F approved, forwarded to NVC--to Chennai Consulate 2005/11/14

2005/12/02 Packet-3 received from Chennai

2005/12/21 Visa Interview Date

2006/04/04 Pras' entry into US at DTW

2006/04/15 Church Wedding at Novi (Detroit suburb), MI

2006/05/01 AOS Packet (I-485/I-131/I-765) filed at Chicago

2006/08/23 AP and EAD approved. Two down, 1.5 to go

2006/10/13 Pras' I-485 interview--APPROVED!

2006/10/27 Pras' conditional GC arrives -- .5 to go (2 yrs to Conditions Removal)

2008/07/21 I-751 (conditions removal) filed

2008/08/22 I-751 biometrics completed

2009/06/18 I-751 approved

2009/07/03 10-year GC received; last 0.5 done!

2009/07/23 Pras files N-400

2009/11/16 My 46TH birthday, Pras N-400 approved

2010/03/18 Pras' swear-in

---------------------------------------------------------------------

As long as the LORD's beside me, I don't care if this road ever ends.

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Saddle Bronc Grand Master

Saddle Bronc   124

Posted
Filed: Citizen (apr) Timeline
Posted (edited)
You should marry her BEFORE she gets her GC. You can file a follow-to-join after she gets it. It seems you can't file adjustment of status (form i485) together with her since you're out of status (not 100% sure, you may want to consult with a lawyer). If you marry her after she gets her GC, you'll be stuck in a long line like us - current waiting time is slightly less than 4 years!!!
Actually, he can marry her in US, and file an I-539 to be able to stay (on dependent visa)--and then be added as derivative to her I-485.

For filing I-539, need:

  • copy of her work visa
  • copy of document proving her citizenship (Canadian Citizenship Certificate OR Birth Certificate)
  • copy of document proving his citizenship (as earlier)
  • copy of marriage-licence/certificate
  • $290 (ouch)

Edited by Saddle Bronc

2005/07/10 I-129F filed for Pras

2005/11/07 I-129F approved, forwarded to NVC--to Chennai Consulate 2005/11/14

2005/12/02 Packet-3 received from Chennai

2005/12/21 Visa Interview Date

2006/04/04 Pras' entry into US at DTW

2006/04/15 Church Wedding at Novi (Detroit suburb), MI

2006/05/01 AOS Packet (I-485/I-131/I-765) filed at Chicago

2006/08/23 AP and EAD approved. Two down, 1.5 to go

2006/10/13 Pras' I-485 interview--APPROVED!

2006/10/27 Pras' conditional GC arrives -- .5 to go (2 yrs to Conditions Removal)

2008/07/21 I-751 (conditions removal) filed

2008/08/22 I-751 biometrics completed

2009/06/18 I-751 approved

2009/07/03 10-year GC received; last 0.5 done!

2009/07/23 Pras files N-400

2009/11/16 My 46TH birthday, Pras N-400 approved

2010/03/18 Pras' swear-in

---------------------------------------------------------------------

As long as the LORD's beside me, I don't care if this road ever ends.

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Jojo92122 Experienced

Jojo92122   1,924

Posted
Filed: Timeline
Posted

CONSULT WITH A COMPETENT IMMIGRATION ATTORNEY BEFORE YOU GET MARRY AND BEFORE YOUR FIANCEE FILES.

This is going to be a bit tricky because you are out of status. YOU ARE LIVING IN THE US ILLEGALLY. YOU HAVE BROKEN THE IMMIGRATIONS LAWS WHICH YOU NOW WANT TO TAKE ADVANTAGE OF. YOU NEED A COMPETENT LAWYER TO GUIDE YOU.

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Saddle Bronc Grand Master

Saddle Bronc   124

Posted
Filed: Citizen (apr) Timeline
Posted

Two excellent immigration attorneys:

  1. Ron Gotcher, http://www.imminfo.com/aboutus/contact.html
  2. Jim Eiss (bonus: also former INS Inspector), http://www.usvisahelp.com/

2005/07/10 I-129F filed for Pras

2005/11/07 I-129F approved, forwarded to NVC--to Chennai Consulate 2005/11/14

2005/12/02 Packet-3 received from Chennai

2005/12/21 Visa Interview Date

2006/04/04 Pras' entry into US at DTW

2006/04/15 Church Wedding at Novi (Detroit suburb), MI

2006/05/01 AOS Packet (I-485/I-131/I-765) filed at Chicago

2006/08/23 AP and EAD approved. Two down, 1.5 to go

2006/10/13 Pras' I-485 interview--APPROVED!

2006/10/27 Pras' conditional GC arrives -- .5 to go (2 yrs to Conditions Removal)

2008/07/21 I-751 (conditions removal) filed

2008/08/22 I-751 biometrics completed

2009/06/18 I-751 approved

2009/07/03 10-year GC received; last 0.5 done!

2009/07/23 Pras files N-400

2009/11/16 My 46TH birthday, Pras N-400 approved

2010/03/18 Pras' swear-in

---------------------------------------------------------------------

As long as the LORD's beside me, I don't care if this road ever ends.

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JimVaPhuong Veteran

JimVaPhuong   4,863

Posted
Filed: K-1 Visa Country: Vietnam
 Timeline
Posted

Actually, he can marry her in US, and file an I-539 to be able to stay (on dependent visa)--and then be added as derivative to her I-485.

For filing I-539, need:

  • copy of her work visa
  • copy of document proving her citizenship (Canadian Citizenship Certificate OR Birth Certificate)
  • copy of document proving his citizenship (as earlier)
  • copy of marriage-licence/certificate
  • $290 (ouch)

He's also going to need proof that the reason for filing after he was out of status was due to extraordinary circumstances beyond his control, and that the length of the delay was reasonable. Now, how the heck do you prove this when the applicant wasn't eligible to change non-immigrant status before they were married, and they didn't marry until after they were out of status? I've never heard of "Because I wasn't eligible" being accepted as a reason for a delayed filing. :unsure:

12/15/2009 - K1 Visa Interview - APPROVED!

12/29/2009 - Married in Oakland, CA!

08/18/2010 - AOS Interview - APPROVED!

05/01/2013 - Removal of Conditions - APPROVED!

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Saddle Bronc Grand Master

Saddle Bronc   124

Posted
Filed: Citizen (apr) Timeline
Posted
He's also going to need proof that the reason for filing after he was out of status was due to extraordinary circumstances beyond his control, and that the length of the delay was reasonable. Now, how the heck do you prove this when the applicant wasn't eligible to change non-immigrant status before they were married, and they didn't marry until after they were out of status? I've never heard of "Because I wasn't eligible" being accepted as a reason for a delayed filing. :unsure:
With Canadians (such as the OP) in US, there is an allowance of being undocumented for up to six months (which has proven "nice" for Canucks on temp visas who have been laid-off from US jobs).

(note: this leeway applies ONLY to Canucks)

2005/07/10 I-129F filed for Pras

2005/11/07 I-129F approved, forwarded to NVC--to Chennai Consulate 2005/11/14

2005/12/02 Packet-3 received from Chennai

2005/12/21 Visa Interview Date

2006/04/04 Pras' entry into US at DTW

2006/04/15 Church Wedding at Novi (Detroit suburb), MI

2006/05/01 AOS Packet (I-485/I-131/I-765) filed at Chicago

2006/08/23 AP and EAD approved. Two down, 1.5 to go

2006/10/13 Pras' I-485 interview--APPROVED!

2006/10/27 Pras' conditional GC arrives -- .5 to go (2 yrs to Conditions Removal)

2008/07/21 I-751 (conditions removal) filed

2008/08/22 I-751 biometrics completed

2009/06/18 I-751 approved

2009/07/03 10-year GC received; last 0.5 done!

2009/07/23 Pras files N-400

2009/11/16 My 46TH birthday, Pras N-400 approved

2010/03/18 Pras' swear-in

---------------------------------------------------------------------

As long as the LORD's beside me, I don't care if this road ever ends.

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JimVaPhuong Veteran

JimVaPhuong   4,863

Posted
Filed: K-1 Visa Country: Vietnam
 Timeline
Posted

With Canadians (such as the OP) in US, there is an allowance of being undocumented for up to six months (which has proven "nice" for Canucks on temp visas who have been laid-off from US jobs).

(note: this leeway applies ONLY to Canucks)

I presume you're talking about TN status. If a Canadian is laid off they've got ten days from the last day of employment to leave the US. They can then reenter as a visitor for up to six months. This is not an "allowance of being undocumented". This is the normal policy for visitors from Canada.

12/15/2009 - K1 Visa Interview - APPROVED!

12/29/2009 - Married in Oakland, CA!

08/18/2010 - AOS Interview - APPROVED!

05/01/2013 - Removal of Conditions - APPROVED!

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