Steps for Canadian to marry American and move to US - split from thread in AOS forum

[jay2_619 0]

Don't mean to resurrect this thread but I do need some clarification and I am in a similar situation.

I am a US citizen, my fiance is a Canadian citizen currently living in Canada. We visit each other once a month/every other month for 2-3 weeks. She comes to the US on a B2 Tourist Visa then we decide to go to Vegas or even just go to the local county clerk to get married.

- Is she allowed to head back to Canada then come back to the US 1-2 months later without any problems? Her next trip back to the US will be permanent.

- What forms will I need to complete day of or after marriage here in the US? For her to immediately work, etc? I file an I-130? She applies for an AOS/I-485, EAD/I-765 and AP/I-131?

Any insight is greatly appreciated.

Thanks

[GurkenSalat 48]

Don't mean to resurrect this thread but I do need some clarification and I am in a similar situation.

I am a US citizen, my fiance is a Canadian citizen currently living in Canada. We visit each other once a month/every other month for 2-3 weeks. She comes to the US on a B2 Tourist Visa then we decide to go to Vegas or even just go to the local county clerk to get married.

- Is she allowed to head back to Canada then come back to the US 1-2 months later without any problems? Her next trip back to the US will be permanent.

- What forms will I need to complete day of or after marriage here in the US? For her to immediately work, etc? I file an I-130? She applies for an AOS/I-485, EAD/I-765 and AP/I-131?

Any insight is greatly appreciated.

Thanks

Hmm, best course of action (in my view): she comes to the US on a B2 and marries you, then returns to Canada and you file for a CR1 spousal visa. I don't know the rules about traveling while CR1 is pending, but she certainly can't make a "permanent" trip until she has that visa in hand.

Even if you file for AOS while she is still in the US on a B2 (I don't recommend this!), she would not be able to work immediately. She'd have to wait for an EAD, which takes anything from 60 to 90 days from filing.

[jay2_619 0]

Hmm, best course of action (in my view): she comes to the US on a B2 and marries you, then returns to Canada and you file for a CR1 spousal visa. I don't know the rules about traveling while CR1 is pending, but she certainly can't make a "permanent" trip until she has that visa in hand.

Even if you file for AOS while she is still in the US on a B2 (I don't recommend this!), she would not be able to work immediately. She'd have to wait for an EAD, which takes anything from 60 to 90 days from filing.

So I would have to first file a CR1? wait for CR1 then file AOS? or better yet, when do we file an AOS?

Thanks again

[Melibelle 10]

Reread post #20 above - it pretty much outlines your options. You should note that if she comes in on a visitor visa with the intent to immigrate permanently at that point, it's technically fraud. If she tells the customs officers that she's coming to the US to get married and adjust status, they probably won't let her in. Once you start the adjustment of status process, she will not be able to leave the country again or work until she gets her advanced parole and EAD which takes about 3-4 months.

[NikLR 13,232]

Don't mean to resurrect this thread but I do need some clarification and I am in a similar situation.

I am a US citizen, my fiance is a Canadian citizen currently living in Canada. We visit each other once a month/every other month for 2-3 weeks. She comes to the US on a B2 Tourist Visa then we decide to go to Vegas or even just go to the local county clerk to get married.

- Is she allowed to head back to Canada then come back to the US 1-2 months later without any problems? Her next trip back to the US will be permanent.

- What forms will I need to complete day of or after marriage here in the US? For her to immediately work, etc? I file an I-130? She applies for an AOS/I-485, EAD/I-765 and AP/I-131?

Any insight is greatly appreciated.

Thanks

No. Your first question would not be a legal method of moving to the USA. The CBP would not allow her across the border if she answers them truthfully.

The correct method would be to either pursue the K1 visa or CR1 visa.

If she spontaneously decides to stay after marriage that is also spontaneous, you file the I-130, I-485, I-765, and I-131 all at the same time. She cannot leave the USA until at least the AP is granted. She cannot work or collect EI until the EAD is granted.

For working immediately upon entry the best way is the CR1. The immigrant recieves a green card upon entry and can work and collect EI asap.

[NikLR 13,232]

As long as she continues to work in Canada or attend school crossing the border is fairly easy. Always be truthful, always bring proof of your ties to your home country, keep trips shorter, have a return ticket, and pack appropriately.

CBP have the right to search your things fyi.

[Kathryn41 3,205]

This topic has been split from a thread in the AOS forum and moved to the CR-1 forum as it appears the OP will need to follow the CR-1 process and his questions can be answered more appropriately here.

[jay2_619 0]

Would I need to submit a G-325a and I-864 with the AOS package?

[Ryan H 3,856]

Would I need to submit a G-325a and I-864 with the AOS package?

~~~Based on the first post and some of the subsequent replies in this thread, AOS is not a legal avenue for you and is not to be discussed further in this thread per the TOS. Any questions about the CR-1 process can be discussed.~~~

Edited August 30, 2014 by Ryan H

[canadian_wife 1,831]

Since you are unable to adjust status, follow this guide

Good luck

http://www.visajourney.com/content/i130guide1