Help-Married a US citizen while visiting

[imajin99 1]

Hi there,

Hoping that some of you could help me as this place has a lot of great information and many people have gone through various processes. I had been dating my boyfriend (US citizen) off and on for the last 2 years. In my recent trip to Vegas, we decided to get married. I cancelled my return ticket to Canada and have joined him in New York. I am hoping I can stay here until he files the forms and applies for my residency. I don't even know where to start and I have gotten scared that this may be an issue.

Questions:

1. Can I stay with him in the US while he files the paperwork?

2. Which forms does he need to complete?

3. How long will this take?

4. When can I return back to Canada as I have elderly parents there and would like to go back and forth?

[Darnell 8,478]

http://www.visajourney.com/content/i130guide2

1. yes.

2. see http://www.visajourney.com/content/i130guide2

3. unknown - 4 months to 2 years.

4. safely? when have green card in hand. for your adjustment of status type, getting advanced parole is doable and easy, but using it might be troublesome if you have any accrued overstay prior to green card issuance. once the green card is issued, overstay is automagically forgiven.

[imajin99 1]

Thank-you. I do not want to or plan to work in the US as we want to have kids quickly. I have contacted my work and asked for a one year leave which is possible with my employment. While the forms are being processed I was told I would not be able to leave the US for 4 months at least. Hoping we can sort this out ourselves but may need a lawyer. Any recommendations for a immigration lawyer in the NYC area?

[Darnell 8,478]

no - this is a DIY USA Immigration Web Portal, with an emphasis on 'Y' must 'D'.

Review the Guide, noting when yer finished you'll have 1.5 inches o paperwork to lob into the USPS system.

[Ian H. 207]

Hi,

You will be fine. Your circumstances changed after you entered the country. As long as you didn't lie at POE about your intentions meaning that you didn't say something like visiting a friend instead of a boyfriend for example. That could be construed as misrepresentation.

As for your questions:

1. Yes.

2. See the link in the previous post.

3. The process varies greatly on a number of factors ie workload, submission of proper forms and docs, etc.

4. When you file the I-485 you can submit forms I-765 and I-131 which are free when included as part of the AOS application. The document you will receive is an EAD/AP which will allow you to work and travel while your application is pending. This document can take anywhere from 45 to 90 days to receive after you submit your application for AOS.

I don't know any good LIARS here lol, but you can check the yellow pages. This site has really great info, and most things can be found online. Your case doesn't sound complicated so if you feel comfortable filling out these forms yourself, hiring an attorney is an unnecessary expense. Honestly, they will just overcharge you. It's best, IMHO to hire an attorney if you encounter a difficult situation such as an arrest, or some other complicated situation.

[imajin99 1]

Hi Ian,

Thank-you so much for your information and encouragement. I work with the government and have had no criminal issues. At POE I told them I was visiting Vegas for vacation and they didn't ask anything further. I have Nexus so I don't tend to have a lot of questions asked at POE. So I will begin the paperwork, from the link in the post I am assuming the CR-1 Process is the one we should be applying for.

[Ian H. 207]

You're welcome. It sounds like you're good to go then.

Yes, CR1 is the path you are taking. This is the immigration category for spouses of USC's who have been married less than 2 years. Although, when you adjust status in the US, it's CR6.

When your AOS (adjustment of status) is approved you will get a 2 year conditional green card and in the 90 day period before the card expires you have to submit a form (I-751) together with your husband to remove the conditions on your green card so that you can receive a regular GC.

Everything is explained in the guides, this site has plenty of great info so that you can start to get familiar with all of the terminology, the steps, the requirements, etc. You can also always start new threads about other question you have along the way. I will post a few more links here about the process as well. Good luck.

http://www.uscis.gov/family/family-us-citizens

http://www.uscis.gov/family/family-us-citizens/spouse/bringing-spouses-live-united-states-permanent-residents

http://www.uscis.gov/green-card/green-card-processes-and-procedures/adjustment-status

http://www.uscis.gov/green-card/after-green-card-granted/conditional-permanent-residence/remove-conditions-permanent-residence-based-marriage

[blk 87]

Hi Ian,

Thank-you so much for your information and encouragement. I work with the government and have had no criminal issues. At POE I told them I was visiting Vegas for vacation and they didn't ask anything further. I have Nexus so I don't tend to have a lot of questions asked at POE. So I will begin the paperwork, from the link in the post I am assuming the CR-1 Process is the one we should be applying for.

Hi, The process and forms are straight forward, we did it all with out the help of a lawyer. The guide you need to follow is the one that Darnell posted as you will be doing what is called an AOS, Adjustment of Status as you are married to a USC and now living here in the US with you other half.

Brian

Edited September 24, 2014 by blk

[Ryan H 3,790]

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

[NikLR 13,220]

OP is not doing the CR1 path. They are adjusting their status. Please do it ASAP for your convenience or at the very least before you've been in the USA for 180 days. After that time you accumulate overstay. As long as you've filed for the AOS you're not accumulating overstay as your stay is now authorized with the NOA1.

Apply for the I-131 advance parole using the example forms so you can leave the USA. It should only take 90 days for it. Also once you get your EAD, work authorization, you can quit your job due to moving to be with your husband, and apply for EI within 4 weeks of that.

[imajin99 1]

OP is not doing the CR1 path. They are adjusting their status. Please do it ASAP for your convenience or at the very least before you've been in the USA for 180 days. After that time you accumulate overstay. As long as you've filed for the AOS you're not accumulating overstay as your stay is now authorized with the NOA1.

Apply for the I-131 advance parole using the example forms so you can leave the USA. It should only take 90 days for it. Also once you get your EAD, work authorization, you can quit your job due to moving to be with your husband, and apply for EI within 4 weeks of that.

But do I not have to have him apply for my PR status as his spouse now as I only came to the US as a visitor on vacation. I cannot adjust the status until he sponsors me as a spouse???

[Ian H. 207]

He sponsors you for PR when you submit the AOS (I-485) application and the I-130 together. You have to submit the I-130, petition for an alien relative along with the I-485. You have to gather all of the documents required for each form and it all has to be sent in one envelope. The I-130 is a petition for USCIS to establish that a relationship exists, and the I-485 is to adjust your status from a tourist to a permanent resident.

But do I not have to have him apply for my PR status as his spouse now as I only came to the US as a visitor on vacation. I cannot adjust the status until he sponsors me as a spouse???

You can submit these as soon as you have everything ready, there is no waiting period before you can file. Also, as NLR suggested it's best if you do it before your authorized stay expires.

[imajin99 1]

He sponsors you for PR when you submit the AOS (I-485) application and the I-130 together. You have to submit the I-130, petition for an alien relative along with the I-485. You have to gather all of the documents required for each form and it all has to be sent in one envelope. The I-130 is a petition for USCIS to establish that a relationship exists, and the I-485 is to adjust your status from a tourist to a permanent resident.

You can submit these as soon as you have everything ready, there is no waiting period before you can file. Also, as NLR suggested it's best if you do it before your authorized stay expires.

Great I will get started today! As I didnt have to get a VISA to come to the US as I am a Canadian citizen, is it still true that I still can only remain in the US for a 6 month period?

[Ian H. 207]

You are allowed to stay for whatever it says on your I-94. Usually for Canadian citizens it's 180 days, so yes. That gives you plenty of time file your paperwork before your authorized stay expires. In any case you will be adjusting your status, so you don't have to leave anyway.

As a matter of fact, once you submit your application, you can't leave the country until you receive your AP document, otherwise you will not be allowed to reenter the US, your AOS application will be considered abandoned and will have to wait for your I-130 to be approved and will have to apply for a spouse visa from abroad.

[imajin99 1]

You are allowed to stay for whatever it says on your I-94. Usually for Canadian citizens it's 180 days, so yes. That gives you plenty of time file your paperwork before your authorized stay expires. In any case you will be adjusting your status, so you don't have to leave anyway.

As a matter of fact, once you submit your application, you can't leave the country until you receive your AP document, otherwise you will not be allowed to reenter the US, your AOS application will be considered abandoned and will have to wait for your I-130 to be approved and will have to apply for a spouse visa from abroad.

Thank-you, even after joining this forum in one day I am starting to have a better understanding of the processes and streams. Few other questions came to mind:

1. How long does the AOS process take roughly?

2. I am expected back at work in Canada within the next 6 months. If I choose to stay as a visitor in the US and have my spouse apply for my CR1 or K1 while I am abroad (back in Canada), is that another option? Is that a better option? As I will remain in Canada for at least 6 to 8 months (no definite time frame as I could stay for a shorter or longer duration if need be) to work before I take a leave from employment for a period of time.