Unexpected marriage/panic attack (Canadian on B1)

[katychla 0]

Hi guys,

I’m sure there are a TON of people with questions like this, and I found a few threads, but they’re all slightly different and I’m super-paranoid right now.

My bf and I met online a few years ago, we were able to visit each other only every 6 months (alternating between Canada and the States). He quit his job for unrelated reasons and came down to spend an extended visit with me. Originally his ticket was for 9 months out, then we realized that would overstay his tourist B-1 so we pulled in the ticket for early July (90 days ish) so that he wouldn’t go over.

It’s been a crazy couple of months, and we ended up eloping with a few friends as witnesses. Now I’m having a bit of a panic attack because I had been planning to start the K-1 process after he went back home.

How much trouble are we going to be in if we do an AOS? I’ve talked to two different lawyers and they both said that an AOS was the way we should go, but also followed it up with “I can help you with it for $XXXX”. I’m worried they’re just saying that in the hopes of getting my money, but I’d rather do it myself.

[lost_at_sea 995]

If you want to do AOS, you don't need a lawyer to do it. The instructions are quite simple: http://www.visajourney.com/content/i130guide2 (Read the warning at the top, though)

As for what you should do, I'm sure others will chime in. It sounds like you got married unexpectedly, but the fact you were planning to do the K1 route means you were intending to get married at some point (and, perhaps, you were already engaged?). It's a tough call. I'm not sure what I'd do in your shoes, to be honest!

If you were ready to deal with the wait of the K1, perhaps you're also willing to do the wait of filing the I-130 and CR-1 from abroad also... it's generally a little faster than the full K1 journey and obviously also done outside the US as well, but it would be the more guaranteed route. The guide for doing that is here: http://www.visajourney.com/content/i130guide1

It's really up to you both to think about the risk of filing the AOS with him inside the US. Do you think you can confidently defend your spontaneous marriage as genuinely spontaneous? If yes, go for it. If not, do the I-130/CR-1.

[canadian_wife 1,791]

Was he actually on a B-1 tourist visa? Or did he cross over like regular Canadians do?

good luck

[katychla 0]

Sorry, he actually just crossed over. So not sure if that's considered a B1. He did the passport scan thing.

[Harpa Timsah 13,258]

There is no reason to freak out. You won't be denied for how you entered.