Moved to the states & can't legally work!

[sarah87 0]

Hi,

So my situation - I applied for a TN Visa 2 months ago, but got denied. Anyways, I decided to move to Hawaii to live with my boyfriend. Problem - can't legally work, but I already knew that. However, being here for 2 weeks now, it's really starting to dawn on me what a barrier it is to NOT have a SSN. Long story short, my options are pretty limited. Probably didn't think this one through too well, but that's not the point of it all.

We've talked about getting married in the next 30 days. If so, after that, I will file for....IR-1? Correct me if I am wrong. I would still be living in the states. Does this make it any easier for me to get work authorization once I'm married already to a US Citizen and living here? Can I work right away or I MUST wait till all paper work clears, like 10 months down the line?

I'm sure there is an answer in these forums, but I couldn't find anything specific for 20 minutes so please bear with me and reply if you have an answer!

THANKS!

[Anh map 2,098]

Hi,

So my situation - I applied for a TN Visa 2 months ago, but got denied. Anyways, I decided to move to Hawaii to live with my boyfriend. Problem - can't legally work, but I already knew that. However, being here for 2 weeks now, it's really starting to dawn on me what a barrier it is to NOT have a SSN. Long story short, my options are pretty limited. Probably didn't think this one through too well, but that's not the point of it all.

We've talked about getting married in the next 30 days. If so, after that, I will file for....IR-1? Correct me if I am wrong. I would still be living in the states. Does this make it any easier for me to get work authorization once I'm married already to a US Citizen and living here? Can I work right away or I MUST wait till all paper work clears, like 10 months down the line?

I'm sure there is an answer in these forums, but I couldn't find anything specific for 20 minutes so please bear with me and reply if you have an answer!

THANKS!

You would not be work authorized until you received the green card.

[pushbrk 12,122]

Hi,

So my situation - I applied for a TN Visa 2 months ago, but got denied. Anyways, I decided to move to Hawaii to live with my boyfriend. Problem - can't legally work, but I already knew that. However, being here for 2 weeks now, it's really starting to dawn on me what a barrier it is to NOT have a SSN. Long story short, my options are pretty limited. Probably didn't think this one through too well, but that's not the point of it all.

We've talked about getting married in the next 30 days. If so, after that, I will file for....IR-1? Correct me if I am wrong. I would still be living in the states. Does this make it any easier for me to get work authorization once I'm married already to a US Citizen and living here? Can I work right away or I MUST wait till all paper work clears, like 10 months down the line?

I'm sure there is an answer in these forums, but I couldn't find anything specific for 20 minutes so please bear with me and reply if you have an answer!

THANKS!

As a Canadian you are allowed to "visit" the USA, not just "move here". Now that you are visiting, if you decide to marry, you can simply file to adjust your status to Conditional Permanent Resident. Once you file, you'll have work authorization in about three months.

Start with this guide. http://www.visajourney.com/content/i130guide2

[NinaD 6]

Hmmm, you can stay legally in the USA for 6mo. as a visitor. You could get married and apply for permanent residency (PR) with an I-130. You can also apply to adjust your status (I-485) at the same time as you apply for the PR, but it is kind of a sticky situation.

HOWEVER:

I would caution against this. It says on the form that you are allowed to do this, but it usually pertains to someone who was in the USA as a student or some kind of work visa who then met and married an American, not as someone who entered as a visitor. It does say that you can do this if you came on a visitor visa and got married "on the spur of the moment". BUT, you have to be able to give evidence that you didn't plan on marrying when you entered the country on a visitor visa. In my opinion that is pretty hard to do...

If I were you guys, I would apply for a FIANCEE VISA (K-129) and go from there. You will still have to wait about 5 months for it to be approved and you will still have to come back to Canada to do your medical and interview. Personally I think this is the best bet for you. From start to end you will probably have about a 8-9 month wait for the green card (but don't quote me). Right now it is about 5 months for application approval and another 3 months wait for your interview in Canada).

If you get married now and try to apply with the I-130 and the I-485 you will still have at least a 5mo. waiting time. PLUS, you will have to prove that you did not intend to marry (or even enter the states permanently) when you first arrived. Also, during the wait for the application to be accepted and approved, your 6 month visitor visa may expire, and then you are in doo-doo if they find that out that you overstayed when they interview you for your visa.

I hate to burst your bubble, but it isn't a fast process regardless of how you apply... It can take from 5-13+ months for a Canadian to approved for entry into the USA.

Here is what I would do, although others may tell you not to:

Apply now for the FIANCEE visa (K-129) and visit with your boyfriend until it is approved OR until your 6 months is up and you have to return home (whichever comes first). Once the application is approved, you can be in Canada to do your end of things there. It may still mean that you are apart for a few months, but it is WAY better than messing around with US Immigration by overstaying your visa or having to somehow prove that you didn't enter the USA with the intention of staying permanently.

Edited August 17, 2012 by NinaD

[NinaD 6]

Oh, to answer your specific question of:

"Does this make it any easier for me to get work authorization once I'm married already to a US Citizen and living here? Can I work right away or I MUST wait till all paper work clears, like 10 months down the line?"

You must wait to work until all the paperwork is done even if you are married to the US Citizen. As I say in my post above, at least 10-13 months (possible longer if they get sticky with your application and ask for extra evidence).

Oh, and sorry, but the FIANCEE VISA will allow you to work once you enter as a FIANCEE...so it is actually faster than the I-130. You would enter as a FIANCEE and then be able to apply for a work permit for right away (even before you marry). That is why I recommend the FIANCEE VISA over the other method (I-130 & I-485).

Also, according to US Immigration, you are not allowed to "wait" in the USA, although as a Canadian you can visit for 6mo. of the year. Also, Canada wants you to be in Canada for 6 months and 1 day in order to maintain your Canadian residency, so if you do have to come back, make sure you have a place to live (mom and dad, room-mate, sister/brother or something like that) so that you have a REAL address to put on your application form and receive mail from the USCIS at IN CANADA.

Edited August 17, 2012 by NinaD

[pushbrk 12,122]

Hmmm, you can stay legally in the USA for 6mo. as a visitor. You could get married and apply for permanent residency (PR) with an I-130. You can also apply to adjust your status (I-485) at the same time as you apply for the PR, but it is kind of a sticky situation.

HOWEVER:

I would caution against this. It says on the form that you are allowed to do this, but it usually pertains to someone who was in the USA as a student or some kind of work visa who then met and married an American, not as someone who entered as a visitor. It does say that you can do this if you came on a visitor visa and got married "on the spur of the moment". BUT, you have to be able to give evidence that you didn't plan on marrying when you entered the country on a visitor visa. In my opinion that is pretty hard to do...

If I were you guys, I would apply for a FIANCEE VISA (K-129) and go from there. You will still have to wait about 5 months for it to be approved and you will still have to come back to Canada to do your medical and interview. Personally I think this is the best bet for you. From start to end you will probably have about a 8-9 month wait for the green card (but don't quote me). Right now it is about 5 months for application approval and another 3 months wait for your interview in Canada).

If you get married now and try to apply with the I-130 and the I-485 you will still have at least a 5mo. waiting time. PLUS, you will have to prove that you did not intend to marry (or even enter the states permanently) when you first arrived. Also, during the wait for the application to be accepted and approved, your 6 month visitor visa may expire, and then you are in doo-doo if they find that out that you overstayed when they interview you for your visa.

I hate to burst your bubble, but it isn't a fast process regardless of how you apply... It can take from 5-13+ months for a Canadian to approved for entry into the USA.

Here is what I would do, although others may tell you not to:

Apply now for the FIANCEE visa (K-129) and visit with your boyfriend until it is approved OR until your 6 months is up and you have to return home (whichever comes first). Once the application is approved, you can be in Canada to do your end of things there. It may still mean that you are apart for a few months, but it is WAY better than messing around with US Immigration by overstaying your visa or having to somehow prove that you didn't enter the USA with the intention of staying permanently.

She's already in the USA. Any decision to marry and adjust status will have occurred AFTER she was already here. Nothing sticky about it at all. Marry and adjust status. No worries.

[NinaD 6]

She's already in the USA. Any decision to marry and adjust status will have occurred AFTER she was already here. Nothing sticky about it at all. Marry and adjust status. No worries.

Really? I was under the impression that this wasn't the best thing to do...

I thought about doing this, and then I got scared and came back to Canada. Once my I-130 is approved, could I go to the USA and apply to adjust status?

That would be nice...still nervous about it though.

I know she is in the States now, but how does she prove she didn't enter in order to stay permanently? I suppose she could send affidavits from her family saying she decided to marry "on the spur of the moment" to prove she didn't intend on marrying and staying when she first entered. Or a photocopy of the return portion of her airline ticket (provided she has that) It just seems hard to prove and I have heard that US Immigration is sticky about this.

Maybe the original poster should call an immigration lawyer and ask for some advise.

[pushbrk 12,122]

Really? I was under the impression that this wasn't the best thing to do...

I thought about doing this, and then I got scared and came back to Canada. Once my I-130 is approved, could I go to the USA and apply to adjust status?

That would be nice...still nervous about it though.

I know she is in the States now, but how does she prove she didn't enter in order to stay permanently? I suppose she could send affidavits from her family saying she decided to marry "on the spur of the moment" to prove she didn't intend on marrying and staying when she first entered. Or a photocopy of the return portion of her airline ticket (provided she has that) It just seems hard to prove and I have heard that US Immigration is sticky about this.

Maybe the original poster should call an immigration lawyer and ask for some advise.

I don't know what your circumstances were before but if an I-130 has already been filed, you are not NOW in any similar circumstance. My answer is based on the OP's current situation, not yours now or before. The devil is in the details. What I wrote had specifics that do not currently apply to you.

[Ryan H 3,791]

Moved from IR-1/CR-1 Process & Procedures to Adjustment of Status from Work, Student, & Tourist Visas forum.

Edited August 17, 2012 by Ryan H

[afoyoswa 178]

Oh, and sorry, but the FIANCEE VISA will allow you to work once you enter as a FIANCEE...so it is actually faster than the I-130. You would enter as a FIANCEE and then be able to apply for a work permit for right away[/color] (even before you marry). That is why I recommend the FIANCEE VISA over the other method (I-130 & I-485).

Gosh, I wish this were true! But it's not. If you come in on a fiance(e) visa, you are not allowed to work until you marry the USC who petitioned for you and then apply for and receive the EAD (which you apply for at the same time as the green card, but which is processed more quickly). A good 3-4 months after you get married, I'm told.

[pushbrk 12,122]

Gosh, I wish this were true! But it's not. If you come in on a fiance(e) visa, you are not allowed to work until you marry the USC who petitioned for you and then apply for and receive the EAD (which you apply for at the same time as the green card, but which is processed more quickly). A good 3-4 months after you get married, I'm told.

EAD generally comes two to three months after filing. Filing is done after marriage so how long from marriage depends on how quickly one files.

[AF-Wife 181]

Go ahead, get married, file the I-485, I-130, EAD & Advance parole & do NOT leave the country. You should receive your work permission, with what you can get your SSN within 3 months. No need to go through the much longer CR-1 progress in Canada. Adjust here & get this done! Don't listen to a few people here, they are just angry with people who are totally legal to adjust here being with their loved ones & not being away from them. I adjusted from a tourist visa and it took me 2 months to get my GC from the date I send it away, my friend from Canada wasn't sure and did the CR-1 visa 1 year ago and is STILL waiting for her interview. I would waste that much time .... Intent is not a ground to deny AND hard to prove anyways when you had return tickets etc.

[AF-Wife 181]

Oh, to answer your specific question of:

"Does this make it any easier for me to get work authorization once I'm married already to a US Citizen and living here? Can I work right away or I MUST wait till all paper work clears, like 10 months down the line?"

You must wait to work until all the paperwork is done even if you are married to the US Citizen. As I say in my post above, at least 10-13 months (possible longer if they get sticky with your application and ask for extra evidence).

Oh, and sorry, but the FIANCEE VISA will allow you to work once you enter as a FIANCEE...so it is actually faster than the I-130. You would enter as a FIANCEE and then be able to apply for a work permit for right away (even before you marry). That is why I recommend the FIANCEE VISA over the other method (I-130 & I-485).

Also, according to US Immigration, you are not allowed to "wait" in the USA, although as a Canadian you can visit for 6mo. of the year. Also, Canada wants you to be in Canada for 6 months and 1 day in order to maintain your Canadian residency, so if you do have to come back, make sure you have a place to live (mom and dad, room-mate, sister/brother or something like that) so that you have a REAL address to put on your application form and receive mail from the USCIS at IN CANADA.

That's completely untrue. It doesn't take 10 to 13 months adjusting here in the US! And also, she doesnt have to wait to work until all her paperwork is donr. Her workpermit, after filing, should arrive within 3 months. And she is LEGALLY allowed to wait here in the US while adjusting her status and waiting on her Greencard.

OP, please don't take this advice from the poster above since it's totally WRONG!

[S and P 9]

Something you need to be aware of.... you can get married and file the I-130 and I-485 concurrently.... (don't know how long this process takes.. yes.. I know that was your original question).... people have done this successfully in the past.

BUT you may run into some issues when doing this.... you say that you were denied a TN visa....... and so you decided to MOVE to Hawaii.... that is shows you came here with the intent to immigrate... What did you tell customs when you came into the US... did you tell them you were moving here... or lie and tell them you were just visiting??? Do you have any ties to Canada still (home, job, bank account) to prove you didn't plan on immigrating??.... so far you haven't overstayed your 6 months that a Canadian is allowed to VISIT the US... so you can still go through the proper channels... get married in the states if you want.... and start the CR-1 petition.... and return to Canada when your 6 months is up... or wait to get married and files the K-1 fiance visa... and make sure you return to Canada before your 6 months visit is up.... You can visit the US during these processes.... as long as you show strong ties to Canada.... and that you are filing the proper paperwork that allows you to immigrate legally to the US the correct way.

just know that if you cannot convince the USCIS that you didn't come into the US without intent to immigrate... you COULD face serious consequences... like a lifetime ban from the US. It's really up to you... I'm not being jealous or just trying to scare you...(although you should be scared)... just trying to make sure you are informed. You may want to get an attorney to help you with your case. just my two cents....

Good luck to you!

editing to add: your TN visa denial could be a red flag if you get married and adjust status while living in the US...

Edited August 17, 2012 by S and P

[S and P 9]

She's already in the USA. Any decision to marry and adjust status will have occurred AFTER she was already here. Nothing sticky about it at all. Marry and adjust status. No worries.

but she said she decided to MOVE here... not visit... MOVE.. as in LIVE here..... there are worries... it doesn't matter that she didn't plan on getting married when she came here.. it matters that she planned on staying and living in the US... it's not the intent to marry that causes the trouble.. it's the intent to immigrate....