Just married my Canadian wife on Tourist Visa

[jay2_619 0]

She arrived in the US couple weeks ago. We decided to get married yesterday. She will be returning to Canada in November. I am wondering, would it be safe to apply for I-130, I-485, I-131 and I-765 now?

[Ian H. 207]

If you guys are planning on doing AOS, I wouldn't do it while on a tourist visa. They may accuse her of visa fraud. It's ok if she came here with the visa and got married, but to then do AOS, it's a big no no for USCIS. You can definitely submit the I-130 because you are already married. Once you submit that, she should be able to travel to visit you while the process is pending. As long as she doesn't overstay, she would be fine. Also, if she is Canadian she's not here on a tourist visa, is she? I believe Canadians don't need visas to enter the US for tourism purposes.

[jay2_619 0]

You know I am not sure if she came on a tourist visa, I have always assumed it was a B2. I may be wrong. But will file the I-130. Thanks for the input.

[Ian H. 207]

She probably is just here on her passport. I believe they are admitted as B2, without having to have an actual B2 visa. Also make sure you read the guides on how to properly file the I-130 and feel free to ask if you don't understand something on the form. Good luck!

[KayDeeCee 4,893]

She arrived in the US couple weeks ago. We decided to get married yesterday. She will be returning to Canada in November. I am wondering, would it be safe to apply for I-130, I-485, I-131 and I-765 now?

It is not fraud to decide to marry after entering the US. If you want to marry and file for AOS, then you legally can. She would not be able to leave until she had AP or her green card though. Otherwise, the AOS would be abandoned. Check out this FAQ about filing > http://www.visajourney.com/forums/topic/504257-general-faq-filing-for-adjustment-of-status/

Edited August 31, 2014 by KayDeeCee

[Ian H. 207]

Getting married is fine, as I mentioned. But entering as a tourist and then doing AOS can seriously backfire in this kind of situation. Legally, yes they can do so. I have read several posts already from more experienced members on here and other sites, and they do not recommend doing marriage based AOS after entering with tourist visa. If they have any reason to believe that she entered for the purpose of getting married and then doing AOS, it won't be pretty. There are people that have done so before, but they honestly just got lucky. If she had a dual intent visa, like a work visa, then that would work out great.

[KayDeeCee 4,893]

No. Intent alone is not a reason for AOS denial. Getting married and staying is fine too.

There are plenty of others that did it before, on tourist visas, Canadian visitors, VWP entrants, student and work visa holders alike. They were not lucky. It is the law. It is perfectly legal to do so.

Edited August 31, 2014 by KayDeeCee

[Ian H. 207]

You're right about intent. I don't think I mentioned that their AOS would get denied, though. I simply was referring to possible issues they may face if the USCIS officer gives them a hard time, especially when there are always those who overuse their discretion.

As for the OP: Here is another link with more info.

http://www.peerallylaw.com/en/content/view/562

Your wife should make sure she remembers exactly what she said at the POE and what she wrote and said if she submitted a visa app. Basically you guys just want to make sure that she didn't say anything that could be construed as misrepresentation, which is separate from intent. An example would be saying that she came to visit her mother, when she actually came to visit her boyfriend and what Hypnos mentioned in the other link, stuff like that.

[jay2_619 0]

Will she be able to visit for the holidays during the I-130 is in process? Then after the I-130, I am assuming I can continue to move forward for permanent residency?

[Kitti 65]

Will she be able to visit for the holidays during the I-130 is in process? Then after the I-130, I am assuming I can continue to move forward for permanent residency?

I am in this situation , I am in Canada, married to an American , waiting since March for my NOA2. It is out understanding that visiting the US while waiting for a visa approval depends on each individual border crossing guard. You have to prove that you are planning to come back to Canada, and it is up to that person to determine your intent.

[kehills 217]

Will she be able to visit for the holidays during the I-130 is in process? Then after the I-130, I am assuming I can continue to move forward for permanent residency?

Visit where, Canada or America?

If you are talking about her returning to Canada to live while waiting out the I-130, yes, she can visit all through the petition process. She just needs to be prepared to show strong ties that guarantee her return to Canada: letter from employer, lease or home property, car registration, bank accounts, obligations in the future, etc.

If you are talking about her staying and adjusting status in the US, then chances are, at this point in time, she would not receive advanced parole and be able to travel to Canada for the holidays. (Might happen but would be cutting it VERY close.)

[jay2_619 0]

Visit where, Canada or America?

If you are talking about her returning to Canada to live while waiting out the I-130, yes, she can visit all through the petition process. She just needs to be prepared to show strong ties that guarantee her return to Canada: letter from employer, lease or home property, car registration, bank accounts, obligations in the future, etc.

If you are talking about her staying and adjusting status in the US, then chances are, at this point in time, she would not receive advanced parole and be able to travel to Canada for the holidays. (Might happen but would be cutting it VERY close.)

Sorry, her visiting me in the US for the holidays, then return to Canada. And obviously future visits while waiting out the I-130.

[NikLR 13,227]

She arrived in the US couple weeks ago. We decided to get married yesterday. She will be returning to Canada in November. I am wondering, would it be safe to apply for I-130, I-485, I-131 and I-765 now?

Yes. But she has to stay in the USA until she has her AP or green card. So that may or may not be November.

~~moved to AOS from Tourist, work, and Student visas from IR1/CR1 process and procedures~~

[Boiler 45,670]

Unclear as to what you want to do, adjust in country or not?

[jay2_619 0]

Unclear as to what you want to do, adjust in country or not?

Sorry, I would like her to eventually move to the US with me permanently.