Where do we go from here?

[MDaffron 2]

Hello!

First a little bit of an introduction. Our names are Melissa and Sam. Melissa (me) is from Canada and Sam is a Citizen of USA. We've been together for a little over 5 years, we met online (not a dating site) and managed to meet in person in 2009, and instantly hit it off. We've both been back an forth visiting each other since, me making the majority of the visits to the USA while I was in school and working. Our marriage was a spontaneous as I arrived in america not two weeks before we decided to get married. Why so soon? Well I think after 5 years of friendship and love it was about time. We were both born on holidays, and Halloween being our favorite we decided to rush to make the date! Couldn't be happier!

But we've ran into a lot of worries and questions about where to go from here. Fresh out of college with Welding certificates and experience under my belt, with not many ties to Canada, (While my husband, Sam owns his own business in Tennessee) It made more sense for me to make the move to the USA.

I'm currently still here, on a visitors visa, as I drove over the border, I do not have an i-94. I would very much like to stay in the US while the process goes through, but with horror stories of deportation and such, we're at a loss of what to do.

What I DO have (hopefully in our favor)

One very good Affidavit of (financial) support, who is worth a substantial amount more than what is required.

Evidence of bona fide marriage bank accounts, written testimonies from friends and family members.

Air ticket receipts, phone calls, photographs. all over the past 5 years (we're very sentimental and kept all of that in a folder.)

My question to the community is; What route should we take?

Stay in America, filing the i-130, and extension of stay and so on?With risk of questions if we had intent to marry, (visa fraud)

Or should I return to Canada before my visitor visa expires as he files the i-130 and wait for the whole process to go through?

CR-1 or ?

[h13rma 35]

Stay and AOS.

[MDaffron 2]

Stay and AOS.

I'm worried about using adjustment of status after only being here for a short amount of time before we got married.

Does this matter? We've read somewhere that you could be instantly denied/deported if you were married within 30 days of entering the USA

[h13rma 35]

I'm worried about using adjustment of status after only being here for a short amount of time before we got married.

Does this matter? We've read somewhere that you could be instantly denied/deported if you were married within 30 days of entering the USA

No not true, we got married 12 days after I entered the USA and successfully adjusted last year, as long as you enter the country legally its pretty straight forward follow the guide on here and all will be fine.

[Boggy1974 124]

Hello!

First a little bit of an introduction. Our names are Melissa and Sam. Melissa (me) is from Canada and Sam is a Citizen of USA. We've been together for a little over 5 years, we met online (not a dating site) and managed to meet in person in 2009, and instantly hit it off. We've both been back an forth visiting each other since, me making the majority of the visits to the USA while I was in school and working. Our marriage was a spontaneous as I arrived in america not two weeks before we decided to get married. Why so soon? Well I think after 5 years of friendship and love it was about time. We were both born on holidays, and Halloween being our favorite we decided to rush to make the date! Couldn't be happier!

But we've ran into a lot of worries and questions about where to go from here. Fresh out of college with Welding certificates and experience under my belt, with not many ties to Canada, (While my husband, Sam owns his own business in Tennessee) It made more sense for me to make the move to the USA.

I'm currently still here, on a visitors visa, as I drove over the border, I do not have an i-94. I would very much like to stay in the US while the process goes through, but with horror stories of deportation and such, we're at a loss of what to do.

What I DO have (hopefully in our favor)

One very good Affidavit of (financial) support, who is worth a substantial amount more than what is required.

Evidence of bona fide marriage bank accounts, written testimonies from friends and family members.

Air ticket receipts, phone calls, photographs. all over the past 5 years (we're very sentimental and kept all of that in a folder.)

My question to the community is; What route should we take?

Stay in America, filing the i-130, and extension of stay and so on?With risk of questions if we had intent to marry, (visa fraud)

Or should I return to Canada before my visitor visa expires as he files the i-130 and wait for the whole process to go through?

CR-1 or ?

I say you two file an I-130 petition for CR-1. Go back home and wait of the process. Then immigrate legally.

[Harpa Timsah 13,258]

I'm worried about using adjustment of status after only being here for a short amount of time before we got married.

Does this matter? We've read somewhere that you could be instantly denied/deported if you were married within 30 days of entering the USA

This is patently false. You can file AOS because you did not intend to immigrate when you last entered.

[Lakehouse 293]

Congratulations on your marriage:)

I don't know much about 'denial or deportation if you were married within 30 days of entering', but I do know you'll hate being apart for a year if you come back to Canada and file the I-130 from here!

If you can stay down there and file, I say go for it and don't look back. Surely 5 years of a relationship is enough evidence that this isn't a 'marriage of convenience' for the purposes of immigrating, it's a REAL relationship.

I say you two file an I-130 petition for CR-1. Go back home and wait of the process. Then immigrate legally.

This would be a legal immigration, there is nothing wrong with them applying from the US.

[Darnell 8,478]

I'm worried about using adjustment of status after only being here for a short amount of time before we got married.

Does this matter? We've read somewhere that you could be instantly denied/deported if you were married within 30 days of entering the USA

you are looking at this wrongly. You can stay, file the I-130 and I-485, seeking an adjustment of status case, leading to a greencard.

It's allowed. This 30 day thing is not any rule or guideline, but it is a thresh-hold many immigration attornies (heck, even AILA itself) recommend to prevent extra-ordinary scrutiny.

I think since you two have 'been together' all of this time, that proof will overcome that extra-ordinary scrutiny.

But hey - I'm not a lawyer, nor do I play one on TV or podcast.

[lmihler 23]

Stay and AOS. Since you did not intend to marry/ immigrate when you came across the border you will be fine!

[MDaffron 2]

Wow! It's incredible how quickly and so many have replied, I really appreciate this.

We were really worried about me entering on a tourist visa, and getting married in such a short time.

I believe we will go with i-130 and i-485 while I remain here. We're both very nervous, and want to do this right, along with not staying apart very long.

Thank you!

[Scom 5]

You can stay as you did not enter the country with the intent to marry. I came to America from England in December 2012 to visit my fiancé for the third time and was planning to return to the UK in 90 days at the end of February 2013. We ended up getting married 2 months after I arrived on Valentines day last year and despite what some people might think this was not pre-meditated or planned. We filed the I-130 and I-485 on 6th December 2013 and I have a green card interview date of March 4th 2014.

[Ryan H 3,791]

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

[Boiler 43,497]

Stay and AOS.

Way to go!

[Exocet 88]

I wish to all that's holy that I had stayed with my husband after we had married. I was told by legal counsel that the proper way to do it was to go back to Canada. We were both so naive and unprepared after we got married.. and just willing to accept what people told us.

I have been apart from my husband for 1.5 years now.. and we only just got our NOA2. It's been the most horrible time our lives.

Stay and AOS. That's my advice.

[MaleAlpha 314]

Stay and AOS. Best option!