Canadian applying for AOS, K1 or CR1? HELP :)

[naniani711 0]

Hi there! i've been lurking for a while and I am SO confused about this whole process.. I thought it would be quite simple and I could do the AOS but the more I read, the more confused and disheartened I become. Let me explain my story as quickly as I can and see if you have any advice for me.. Next step is calling a lawyer but I'm hoping to get some answers from you guys who are so much more knowledgable than I am!

My bf and I met in Canada where we were both University students. He is an American citizen from Massachusetts but he is also a Canadian citizen so he was in Canada for school! After he graduated, he stayed here to work for his own company and I finished up my degree and began an internship.

He now needs to relocate back to the US (Boston) because his business is taking him there (he works for himself). I came with him to Boston because we had a wedding to attend and I wanted to spend some time with him/help him settle in. I'm a Canadian so within my rights to be visiting (I believe up to 6 months?)

Now that we're here, we are thinking about going to get married because we always planned on it and we were going to stay in Canada and wait a bit but now we want to just go to city hall, get married and get paperwork done so we can be together!

If we get married in Boston, do we have to apply for the spouse visa then and go through that waiting game? I'm Canadian and here legally. Could I either

a. stay in the US while we apply for that visa? (up to 6 months) OR

b. skip that step and just apply for the AOS?

I think (from what I gathered) step B is much quicker and simpler.. it would allow us to be together which is what we want ultimately.. I'm so stressed and confused! Can someone please help! Is just doing that going to cause issues later on since we had plans to marry beforehand? There's honestly not much tying me to Canada AT ALL (just finished my internship) so I have no issue with just staying.

FINALLY, the other option was a K1 fiance visa.. so I would go back to Canada and wait.. but that seems silly as I'm already in the US and we're together AND I'm here totally legally... I just REALLY don't want to have to wait and go through this while process.

Or maybe I'm missing something or an alternate option??? I'd love some wisdom! Thanks SO much in advance!!!

The issue I keep running into is then proving I came without intent to marry and that looks really bad.. since we already knew each other and planned to marry of course.

UGH it seems like I'd be in a better position if I just met him while visiting and decided to get married for a greencard than my actual process of being in love and wanting to be together!!!

I REALLY hope I'm missing something !

[KayDeeCee 4,893]

Do what you are wanting to now. Get married, stay and file for AOS. Follow this guide > http://www.visajourney.com/content/i130guide2

[CdnRN 40]

Yes, you can AOS from within the US.

[naniani711 0]

That's great! But does that look bad later on? Since it looks like I entered just to get married?

[naniani711 0]

<sub>If your fiance/fiancee came to the US on a tourist visa with the intent of immigration and marriage, and you are not yet married, then he/she should return to his/her home abroad, and the K-1 visa should be filed (using an I-129f) instead of the I-130 to avoid a denial, deportation, or even being banned from re-entry to the US.

If you are already married, and your spouse came to the US on a tourist visa with the intent of immigration and marriage, then he/she should return to his/her home abroad, and the I-130 (or along with an I-129f for a K-3 Visa) should be filed with the relative outside of the U.S. to avoid denial, deportation, or even being banned from re-entry to the US.</sub>

Our case could easily look like either.. that's what concerns me... and I don't really have anything from Canada to prove I was going to return because I was going to have to move and apartment hunt/ job hunt so nothing was really even tying me there. I REALLY want to do this as quickly as possible but I also don't want to risk being deported and getting in trouble

Should we wait to get married for a few weeks or can we do it now? It seems like the only difference setting me apart from the above is that I entered to go to a wedding with him not have my own (haha!) but anybody could say that.

[naniani711 0]

and sorry! ONE MORe question! If we file for the I-130 after we get married, we need to provide supporting documents such as leases, joint bank accounts, etc... but we do not have those yet as he wasn't on my lease in Canada! I thought this was only needed for the greencard interview (in which time we'd have enough time to actually have a lease in place in Boston and a joint bank account)...

should we go open a bank account together? should we quickly find an apartment together?

[Ery 0]

I'm in a very similar position to you. I am dual Canadian/Australian. I came here on my Canadian passport so have a B2 visa and am still here legally. My boyfriend is American we are thinking of doing the same thing. I don't want to have to be away for 6-12 months. From what I've read it is all fine, but there is so much conflicting info on the internet that it gets confusing. I am going to see a lawyer on Thursday to discuss our options so I'll send you their thoughts once I've been.

[naniani711 0]

WOW so happy to hear that! PLEASE let me know what happens!!!

This might be a really stupid q.. but I don't need a visa to enter the US.. so can I adjust from that? I don't have a tourist visa.. just entered US with my Canadian passport.

I'm in a very similar position to you. I am dual Canadian/Australian. I came here on my Canadian passport so have a B2 visa and am still here legally. My boyfriend is American we are thinking of doing the same thing. I don't want to have to be away for 6-12 months. From what I've read it is all fine, but there is so much conflicting info on the internet that it gets confusing. I am going to see a lawyer on Thursday to discuss our options so I'll send you their thoughts once I've been.

[Ery 0]

Did you enter by land or air? I arrived from Australia and have a B2 stamp in my passport. Did they stamp your passport when you entered?

[CdnRN 40]

They don't necessarily stamp your passport. If you are Canadian you are here as a tourist.

I would open a bank account together - or have your boyfriend add you to an existing account. Same for a place to live. It would be useful in this case to get some affidavits of the authenticity of your relationship.

Your intent was to enter as a tourist and then return home, so you didn't lie at your POE, so you are fine to marry now that your plans have changed. You can go online to get your I-94 number.

[naniani711 0]

Thanks SO much! If my passport isn't stamped, will they know when I entered the country?

Would you recommend I wait 60 days to go get married? I'd really prefer not to as we can get the process started beforehand now that we've decided ot get married! Either way, we will have the big wedding either later on in Canada or here.. but we want to save up and wait!

will it look bad to have a courthouse wedding?

do you recommend we wait or just go do it ASAP and get things going? (will they even know when i entered the country if there's no stamp?)

FINALLY, will it be a problem not to have evidence tying me to Canada? I have no lease, job, etc.. just my father who lives there that could vouch for me and that I was planning on settling down. I might have e-mails with a relator while I was apartment hunting for the Fall.. and perhaps some emails applying to jobs?

thanks SO much everybody. your help is so appreciated.

They don't necessarily stamp your passport. If you are Canadian you are here as a tourist.

I would open a bank account together - or have your boyfriend add you to an existing account. Same for a place to live. It would be useful in this case to get some affidavits of the authenticity of your relationship.

Your intent was to enter as a tourist and then return home, so you didn't lie at your POE, so you are fine to marry now that your plans have changed. You can go online to get your I-94 number.

[lesthatsri 9]

Hi naniani

My situation is similar to yours. I am from Peru and I met my boyfriend online. We were dating online for eight months and I came on a J-1 visa for a work and travel program (this was my fourth year coming back and forth) and we knew from before I came that we had a huge future as a couple. We never met on person though. We met on the new years week this year and we knew then that we wanted to marry. I finished my work and traveled to Indiana to be with him. We got married a month later.

At the beginning we were going to do it on the courthouse, but eventually (after buying the wedding dress and all) we decided to get married in a park with all his friends and family. We took lots of pictures and we had ice cream cake at the dinner afterwards. I researched all the documents and forms and did the filing myself. My AOS is in process right now. We did a concurrent filing, which means that I sent my application for change of status and he sent the petition for an alien relative together. And paid the $1500 fee. (I firmly believe you don't need a lawyer for this). My application came through without any RFE and now I am waiting for my interview to be scheduled. According to the instructions for the AOS you would have needed to be inspected at a point of entry as one of their requisites. I believe you do meet this criteria.

In my case it could look like I used the J-1 visa as an easy way to enter the country and then seek AOS but actually I didn't know we would get married before coming to the US. In your case it is the same, you both were in a relationship in Canada and you came as a tourist, so it shouldn't be a problem. When you file and you get your interview you only have to say the truth about your situation and you should be all right.

I have a picture of my wedding here:

If you need help with your process you can message me.

[naniani711 0]

THanks so much everyone!!! I feel so much better now!