Canadian looking for answers

[illybee 0]

Hi, I'm not sure where to start so without thinking about it I'm just going to start at the beginning and SUMMARIZE it very short.

• Met man of my dreams online
  
• Dated for 3 years
  
• Decided to move to states to be with him
  
• couldn't figure out what to do for visa reasons
  
• Decided to come and stay for 6 months tourist visa
  
• I don't have an actual visa right now (I'm Canadian), its been 5 months and he wants us to get married.
  
• I came on August 17 2012, and I'm assuming if I stay longer than Feb 17 2013 then I'm overstaying my visa. (he thinks because of the new year its reset)
  
• We registered for a marriage license a few months back... probably in October.
  
• He (my fiance) is under the impression that the marriage license is a legally binding agreement and will allow me to stay longer, i disagree and cannot for the life of me find any information on what to do.
  

To be completely candid his plan *NOT MINE* is to get married via courtroom marriage, and file spouse paperwork. Therefore ensuring I can stay in the states, live with him and voila in 3 months ill be able to work.

Please can someone provide me the facts I need to explain to him that he is actually incorrect and this will actually cause MAJOR problems when we go to get married, or i go back to Canada or god forbid I file my paperwork.

To sum it up. Fiance thinks getting married while I'm here "visiting" is a good idea. I believe that the F-1 visa route is the correct way and there is no "short cut" Am I correct? Or is there a way to get married while I'm here, stay here to process my paperwork and then everything work out that way?

[bigdog 376]

Don't overstay what ever you do. While on a valid visa, you can get married and file for adjustment of status, (their may be hurdles, see the guides and exceptions). See some Canada threads on this. Marriage License does not do anything accept allow you to get married. Read here on VJ Guides and see the WIKI. I am sure a Canadian will respond and assist you. I think F-1 finance visa is the safest, others might disagree, it is all about intent.

Edited January 14, 2013 by bigdog

[JedNik 5]

Congrats!

You DO NOT want to overstay your allowance into the states. I am a Canadian, who is patiently waiting for my visa paperwork to come through so I can go move down and be with my fiance in the states! on more than one of the applications it asks if you've overstayed your visit to the states...I can't tell you if that'll cause you problems down the road when you DO apply for your visa, but it would raise flags, thats for sure.

I believe that in the states you can't get married with the intent on living there unless you have a visa (fiance) so my suggestion to you is file your applciation!it takes a while! we've been waiting since the end of july and it SUCKS. You can apply for a different visa, if you guys do get married, hwoever, i've known a couple who have done that ( a few years back) and she (the canadian) wasnt allowed to come down to the states to visit her husband until she got her paperwork. IF you do file, I suggest the fiance visa first and THEN work from there, that way you guys can still visit.

ALso, if you do plan to come back to canada, and then back to the states while your visa is pending, have a LOT of proof that you are coming back to canada: (plane ticket, job, etc) as I went to visit my fiance for a couple months and got refused at the border

All the best and good luck

, a fellow canadian

[ValerieA 350]

If you're already here, it is fine to adjust your status once you are married using this guide. Just do not leave the country until you have your AP (document authorizing you to travel) or your green card. Don't worry about overstay too much, it is forgiven for spouses of US citizens when adjusting status. There is a specific forum for adjusting status from a tourist visa, I suggest you spend some time checking that out.

ETA: The whole process takes 3-5 months, typically.

Edited January 14, 2013 by ValerieA

[Penguin_ie 5,994]

** Moving from K1 to AOS from Tourist visa which seems the best option for the OP ***

[blankmedia 41]

Well, you only have two choices right now as far as I can tell. Either get married and Adjust Status here before February 16th or go back to Canada for 6 months. If you stay longer than 6 months you are overstaying which is really bad, especially if you aren't married to him yet. A marriage license doesn't do anything for your stay, even getting married doesn't do much unless you file all the paperwork and adjust your status.

If you want to do it, you better get started as you only have 4 weeks to

1- Get Married

2- Open a bank account together or show other financial resources that are mixed

3- Get a medical examination by a Civil Surgeon

4- Find a financial Co-Sponsor (unless your husband makes enough money)

Fill out a bunch of paperwork, etc, etc.

Also, you need a copy of your long-form birth certificate with both your parents names on it. Get one of those sent to you right away if you don't have it with you as it will be impossible to file the proper forms without it.

You need to file an i-130 and i-485 (READ THE INSTRUCTIONS FOR BOTH)

Anyway, there is a lot to do so you should get started because a month isn't too long to pull it all together.

He also will need a copy of his complete tax return and w-2's so try to find that.

It can be done, you just need to commit to it and get it done.

Good Luck.