jay2_619

Congratulations! But wow, it took 6 months? Is Santa Ana a higher volume location? Glad you made it through without a hitch.

We were a little worried about 5 months in but we didn't think too much about it. Just living our normal lives and her landing a job kept both of us busy. Not sure if Santa Ana has higher volume although there were many people in the waiting room for their interview when we arrived at USCIS. We waited about 45 minutes from appointment time to call us in.

And thank you ValerieA for your help as well!

Any mention of immigrant intent when entering as a tourist?

She normally comes to visit me monthly (sometimes I would go visit her) for the past 3 years and we just told him we just decided to get married after a few days so we can be together. He had a awkward look on his face and said, "Just like that?"

Our reply, "Yes, Just like that."

Update: It's been quite a journey and I cant express how thankful I am to come across many helpful people on this forum. Here is an update of my timeline.

My wife should receive her permanent resident card by June 1, 2015.

What we have learned from the interview:

- First thing interviewer asked us to turn off our cell phones in front of him. We couldn't show the pictures of us is stored.

- Bring many photos together. Pictures of you two on trips will help. Also with many friends and family. I recommend at least 15 photos. They will keep these photos.

- If you were born outside the USA after 1990 then later become a USC in the USA, you will need to show proof of Naturalization/GC. I was born outside of the US (father was in the US Navy) way before 1990 and both my parents are USC. Interviewer kept questioning me about my citizenship and for some reason he told me my US Passport wasn't enough evidence to prove I am a USC.

- If you have an expired passport and came to the USA with your new one, should bring your old one well. Can make a copy of your passport but they will make a copy of themselves to ensure nothing is tampered.

- Make copies of everything! Any shared accounts, phones, banks, cars, car insurance, health insurance, lease agreement, beneficiary, etc for the interviewer to keep.

- Make copies of tax forms for the last 3 years. Interviewer asked if my income was steady.

- My wife never had her passport stamped when entering into the USA from Canada. This also happened a few times when we visited each other (me going to Canada, or her coming to the US). Her friend drove her from Vancouver to Bellingham, Washington (40 mins) because it's cheaper to fly within the USA to Orange County, California. Interviewer kept questioning why there is no passport stamp. After a few minutes, he decides to confirm on his computer. He asked for the date upon entry to the US and airline she flew from Bellingham to Santa Ana.

Although she did get approved for her I-131 Travel Document, we have never received it. We wanted to visit her family in Canada over the holidays but we will now next month!

Again thank you everyone and a special thank you to kcoyclay1 for guiding me through this smooth sailing visa journey.

OP, my 2c - if your spouse has no reason to be back in Canada for about 90 days (the time it takes to get AP) it is WAY faster to AOS, and it is perfectly legitimate. Also saves you traveling back and forth, and living separately for the year a CR-1 would take.

Ignore the fearmongers on here; AOS is perfectly legal, easy, fast, and ideally suited for your situation. USCIS only cares that you have a bonafide marriage, which is easy to prove if you do have one!

Thank you Valerie and everyone for the overwhelming replies.

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.

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.

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?

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.

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?

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

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

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