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Liquid

Getting Married in the US and staying there

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Filed: Country: Canada
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I've read the guides and I'm still a bit confused, so hopefully someone can help me out :)

I work from home (internet-related), so where I am does not really affect my work. My fiancee (American) is doing her second major in the US.

I'm right now in the US visiting here, and as a Canadian, I did not have to go through the normal visa process etc.

We are thinking about getting married and me just staying here. Is that possible? I was told that as a Canadian I can go into the US for 6 months at a time (I assume an implicit visa), but I want to stay here.

I don't need to go find a job, and I don't even really need an SSN (everything is all in her name). I am not looking into becoming a US citizen/green card holder. I do want to stay here legally, and be able to leave/re-enter the country.

So with those details - is it possible? No need for job/ssn/green card - just ability to stay here (for longer than a six month period) and exit/re-enter if I need to.

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Filed: AOS (apr) Country: Canada
Timeline

I don't think so. You may be able to adjust status but you can't work even if you don't have a ssn. I mean you can't continue with your home based job.


Feb. 15/ 07 --- GC approved

Nov. 17/09 -- I-751 sent (Day 1)

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Filed: Timeline

Liquid,

This is an issue best discussed with an immigration attorney. You will probably like what you hear after the attorney has reviewed all of the facts of your situation.

Yodrak

[EDIT] I overlooked the part about not necessarily wanting a Green Card. Maybe your reaction to what the attorney advises you will be mixed.

I've read the guides and I'm still a bit confused, so hopefully someone can help me out

I work from home (internet-related), so where I am does not really affect my work. My fiancee (American) is doing her second major in the US.

I'm right now in the US visiting here, and as a Canadian, I did not have to go through the normal visa process etc.

We are thinking about getting married and me just staying here. Is that possible? I was told that as a Canadian I can go into the US for 6 months at a time (I assume an implicit visa), but I want to stay here.

I don't need to go find a job, and I don't even really need an SSN (everything is all in her name). I am not looking into becoming a US citizen/green card holder. I do want to stay here legally, and be able to leave/re-enter the country.

So with those details - is it possible? No need for job/ssn/green card - just ability to stay here (for longer than a six month period) and exit/re-enter if I need to.

Edited by Yodrak

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Filed: Country: United Kingdom
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I've read the guides and I'm still a bit confused, so hopefully someone can help me out :)

I work from home (internet-related), so where I am does not really affect my work. My fiancee (American) is doing her second major in the US.

I'm right now in the US visiting here, and as a Canadian, I did not have to go through the normal visa process etc.

We are thinking about getting married and me just staying here. Is that possible? I was told that as a Canadian I can go into the US for 6 months at a time (I assume an implicit visa), but I want to stay here.

I don't need to go find a job, and I don't even really need an SSN (everything is all in her name). I am not looking into becoming a US citizen/green card holder. I do want to stay here legally, and be able to leave/re-enter the country.

So with those details - is it possible? No need for job/ssn/green card - just ability to stay here (for longer than a six month period) and exit/re-enter if I need to.

I started out by looking for the same type of visa. They don't exist. If you want to live in the US and travel back and forth freely, you need some sort of visa/status other than 'visitor' (what you are now), and the most obvious one is for you to be a Permanent Resident.

Why don't you want a Green Card?


Now That You Are A Permanent Resident

How Do I Remove The Conditions On Permanent Residence Based On Marriage?

Welcome to the United States: A Guide For New Immigrants

Yes, even this last one.. stuff in there that not even your USC knows.....

Here are more links that I love:

Arriving in America, The POE Drill

Dual Citizenship FAQ

Other Fora I Post To:

alt.visa.us.marriage-based http://britishexpats.com/ and www.***removed***.com

censored link = *family based immigration* website

Inertia. Is that the Greek god of 'can't be bothered'?

Met, married, immigrated, naturalized.

I-130 filed Aug02

USC Jul06

No Deje Piedras Sobre El Pavimento!

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Want in one hand .....


05/16/2005 I-129F Sent

05/28/2005 I-129F NOA1

06/21/2005 I-129F NOA2

07/18/2005 Consulate Received package from NVC

11/09/2005 Medical

11/16/2005 Interview APPROVED

12/05/2005 Visa received

12/07/2005 POE Minneapolis

12/17/2005 Wedding

12/20/2005 Applied for SSN

01/14/2005 SSN received in the mail

02/03/2006 AOS sent (Did not apply for EAD or AP)

02/09/2006 NOA

02/16/2006 Case status Online

05/01/2006 Biometrics Appt.

07/12/2006 AOS Interview APPROVED

07/24/2006 GC arrived

05/02/2007 Driver's License - Passed Road Test!

05/27/2008 Lifting of Conditions sent (TSC > VSC)

06/03/2008 Check Cleared

07/08/2008 INFOPASS (I-551 stamp)

07/08/2008 Driver's License renewed

04/20/2009 Lifting of Conditions approved

04/28/2009 Card received in the mail

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Filed: Country: Canada
Timeline

Okay hehe - I think I am confusing everyone here :)

I myself am a dual citizen. I was born in Pakistan, left when I was one, and have lived in Canada for the last 9 years. I have an active Canadian passport, and my Pakistani passport has expired. My fiancee is a dual American/Canadian citizen.

I myself operate a web development firm online, and my fiancee is perusing a second major in the US.

We have lived together for 2 years (in Canada), and the main point is that we still want to live together. Marriage is not the issue here.

So - the question really is how can I live in the US (with my fiancee) and be able to exit/enter the US if I want to. The other issues - getting a job, green card, SSN are secondary - so getting a green card, getting a local job, getting an SSN are not important. To be clear - I don't have a problem with having/getting them, but since I dont need them, I thought there might be an easier way.

Thanks for all the advice so far, and hopefully this helps elucidate what I need.

Edited by Liquid

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Filed: Timeline

Liquid,

But you do need them - the LPR status and the SSN - to be sure that you can do what you want to do without hassle.

Yodrak

....

So - the question really is how can I live in the US (with my fiancee) and be able to exit/enter the US if I want to. The other issues - getting a job, green card, SSN are secondary - so getting a green card, getting a local job, getting an SSN are not important. To be clear - I don't have a problem with having/getting them, but since I dont need them, I thought there might be an easier way.

....

Edited by Yodrak

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You will need to get a visa of some sort at some point. You are not allowed to remain in the US for longer than 6 months (whether that is consecutive days or total of 6 months of a year) Basically if you are spending more time in the US than Canada then you are considered to be living in the US - and with out a visa or GC you will be considered living illegally in the US.

You situation is similar to mine. My employment will remain in Canada and don't really plan on ever working in the US, plus I still have stong ties including a residence in Canada and the only need I have for a SSN is for tax reasons. That being said I am married to a US citizen and we will be making our primary home in the US and I will be spending the majority time in the US even though I will be going back and forth to Canada daily to work. Thus I am require to have legal residence status in the US.

I'm not sure about your internet work in the US. I would suspect that that may be considered to be working in the US. You would have to check that out.

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Filed: Country: United Kingdom
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We have lived together for 2 years (in Canada), and the main point is that we still want to live together. Marriage is not the issue here.

So - the question really is how can I live in the US (with my fiancee) and be able to exit/enter the US if I want to. The other issues - getting a job, green card, SSN are secondary - so getting a green card, getting a local job, getting an SSN are not important. To be clear - I don't have a problem with having/getting them, but since I dont need them, I thought there might be an easier way.

There are very limited ways you can legally live in the US and have unfettered travel privledges. By far, the easiest way is through a US citizen spouse. The option through a spouse is a Green Card/PR status.

As a Canadian visitor, you may spend up to 6 months per 12 in the US. Every time you cross the border, you risk being denied entry as a prospective immigrant. That is the way US law is written, not a judgement on your intentions.

You are not authorized to work in the US while here as a visitor, period. That includes working for yourself or working for a foreign employer & being paid outside of the country (there are a few special exceptions to this).

If you're talking about being in the US for a couple/few years, it's a worthwhile investment, and not that difficult.

A meeting with a US immigration attorney would be a good investment too. You may have options that appeal to you more.

Edited by meauxna

Now That You Are A Permanent Resident

How Do I Remove The Conditions On Permanent Residence Based On Marriage?

Welcome to the United States: A Guide For New Immigrants

Yes, even this last one.. stuff in there that not even your USC knows.....

Here are more links that I love:

Arriving in America, The POE Drill

Dual Citizenship FAQ

Other Fora I Post To:

alt.visa.us.marriage-based http://britishexpats.com/ and www.***removed***.com

censored link = *family based immigration* website

Inertia. Is that the Greek god of 'can't be bothered'?

Met, married, immigrated, naturalized.

I-130 filed Aug02

USC Jul06

No Deje Piedras Sobre El Pavimento!

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Filed: Country: Canada
Timeline
You will need to get a visa of some sort at some point. You are not allowed to remain in the US for longer than 6 months (whether that is consecutive days or total of 6 months of a year) Basically if you are spending more time in the US than Canada then you are considered to be living in the US - and with out a visa or GC you will be considered living illegally in the US.

You situation is similar to mine. My employment will remain in Canada and don't really plan on ever working in the US, plus I still have stong ties including a residence in Canada and the only need I have for a SSN is for tax reasons. That being said I am married to a US citizen and we will be making our primary home in the US and I will be spending the majority time in the US even though I will be going back and forth to Canada daily to work. Thus I am require to have legal residence status in the US.

I'm not sure about your internet work in the US. I would suspect that that may be considered to be working in the US. You would have to check that out.

Okay with that in mind - what should I look at applying? for We are ready to get married, so a K1 or K3 can work. But at the same time, while applying for whatever documents, I want to live with her (and not be forced to wait in Canada). Or really - what are you doing?

I will definitely be contacting a lawyer, just trying to get my head around this first :)

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Okay with that in mind - what should I look at applying? for We are ready to get married, so a K1 or K3 can work. But at the same time, while applying for whatever documents, I want to live with her (and not be forced to wait in Canada). Or really - what are you doing?

I can only give advice based on my circumstances. The K1 (fiance visa) wasn't a good option for me due to the restriction that once you enter on it that you can't leave the US and re-enter with-out Advance Parole until the AOS was complete. I still needed to get to Canada to work daily.

My option was the K3 (spousal visa) or the straight petition for the Permanent resident card CR-1. The K3 option is said to be faster than the CR-1.

We chose the CR-1 as the wait time was not a factor for us as we live very close together and being we live in an area with small POES where we frequently cross the border and we know the officers at the POE's. They are aware of my intent and know I am doing things legally and doing the CR-1. This is one big advantage for us but I am still subject at anytime right now for refusal to the US if at some point one officer feels like they should refuse me enty. It still is a "####### shoot" for me when I visit my husband.

Unfortunately, I don't think there is any visa out there that is going to make it easy for you to live with your loved one while the paper work is in the work. You will have to return to Canada to wait it out and choose the visa option that is the quickest. Good luck to you.

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