memoria

If you do decide to stay and apply for AOS, do it before your 6 months are up, and then Do Not Leave until you have green card in hand. Which could take quite a while, and you'll have to endure family griping at you still for several months to maybe a year.

Or do not leave until I have the Advance Parole in my hand right? From what I'm reading on other threads, I can apply for my EAD, and AP at the same time as the AOS. Nothing is for sure, I'm thinking of going back home, its hubby who wants the AOS.

If I go by the guides here even filing for an AOS I have to file for an I-130 too. Is this correct? and if so do I file them both at the same time?

If you do decide to stay and apply for AOS, do it before your 6 months are up, and then Do Not Leave until you have green card in hand. Which could take quite a while, and you'll have to endure family griping at you still for several months to maybe a year.

Or do not leave until I have the Advance Parole in my hand right? From what I'm reading on other threads, I can apply for my EAD, and AP at the same time as the AOS. Nothing is for sure, I'm thinking of going back home, its hubby who wants the AOS.

I'm totally new on this but with such a long wait have you guys at least allowed to travel outside the US to go visit family?

Thanks for your replies, my husband wants to go the AOS route, I don't agree, in spite of the fact that I believe we have sufficient proof of no fraud or intent. He's wondering if we do the AOS route before my time is up or after.

I do appreciate everyone's time and advice. I feel better then I did yesterday simply by knowing I'm not alone. Thanks everyone.

basically I have to prove that my 5 months were not intended to stay or get married. That's where this problem lies?

You hit the nail on the head there, in terms of just staying in the U.S. and adjusting status or returning to Canada and applying for the K3 or CR1.

It is all about 'intent'. If you just happened to be in the U.S., met your, now, Husband and decided to just get married - no intent to stay when you entered - so adjustment of status is fine (it won't be fine if you pop up for a visit and then return - the intent thing again).

However if you decided you would get married and live in the States and you then went there - that is intent to stay - this is what will be a problem if you decide to try to adjust status.

We are currently filing the IR1 (equivalent of a CR1). We filed in March of 2007, my Husband's interview in Montreal is the middle of February - so 11 months.

While Montreal seems to have picked up a bit in terms of the time between completion at the National Visa Center and getting an actual interview, the timeline between filing your I-130 and having that approved has grown. There was a fee increase in August and many people filed at that point. You should plan on a timeline of about a year.

I do somehow have proof that I had no intent, just by my medical insurance, when I kept renewing it since I was staying longer then intended. I would plan on leaving then we thought I could stay another month so I would renew and so on and so on. That alone is proof that I had no intent on staying. We got married and I was/am to return to Canada. The only that is hard is the fact that we could be apart for so long. I can't imagine married couples being apart for 12 months, how does anybody even do that? How can they expect that?

Lance, that seems to be my best option, may I ask how long you and your spouse were apart?

Nine and a half months from filing to interview for the K3. But the US consulate in Montreal was really backlogged then. Check the Montreal timeline to interview thread to see how long it will take from the Packet3 getting to the consulate to the time you have your interview.

http://www.visajourney.com/forums/index.ph...c=39547&hl=

Lance... did you get to visit your spouse during those 9.5 months?

This is worse than I thought. I don't know where I heard that there is a form that he can fill out while I stay here with my husband. Maybe it was wishful thinking.

If it was that easy, it's something we would all be doing.

Again, if you leave the US to visit family you must either go the K3 or CR-1 route and maintain legal residency outside the US while the case is pending.

If you stay in the US until you receive an AOS interview be prepared to prove that when you first entered 5 months ago, you had no intention of staying. If they think that you did, you will be denied and banned from the US.

I entered the US as a Canadian Citizen and married my wife and was unaware that there was a visa for getting married. We did have intent to eventually settle in the US and decided to persue the K3/CR1 route. It gave me peace of mind since I knew I was doing things the right way and did not want to take any chances being banned or having to get a waiver. The only problem was being apart through the process but compared to a lot of other people we Canadians are extremly lucky since most of us can visit each other numerous times while awaiting for the visa.

Lance, that seems to be my best option, may I ask how long you and your spouse were apart?

Ok, so I should leave before I overstay my welcome. Have my husband apply for a K3 or CR-1 while I'm gone. Then I'd be allowed to come back legally. Ok, now I just have to see how long I have to be apart from him and then I can make a quick decision.

I keep hearing about people who stayed the 6 months, then got married and all lived happily ever after. This must be an urban legend. What about this? http://www.visajourney.com/forums/index.ph...page=i130guide2

basically I have to prove that my 5 months were not intended to stay or get married. That's where this problem lies?

When I apply for the K3 or CR-1 can I just come and visit (no I'll have extended my 6 months right?) so I just have to wait it out.

Thanks for your help, its really appreciated.

This is worse than I thought. I don't know where I heard that there is a form that he can fill out while I stay here with my husband. Maybe it was wishful thinking.

I've been here for 5 months already. So I have a choice if I understand correctly. I must immediately apply for the I-130 (which is a CR-1 right??) Therefore once that's done I can stay here at wait for all to be approved? If I do the I-130 I don't have to do an AOS?

Thanks again for your patience, I'm actually calming down.

What if I don't mention that I'm married? I'm stressing over this but with reason. Is the K3 an I-130? How long am I allowed to stay? Is it not from January to December of every year.

Sorry for the whining.

I think I'm confused over the K3 and I-130 and the adjustment of status. Which one will allow me to visit my husband and still go home.

Hi, I just got married on the 21st of December. Family pressures and obligations are putting me on a plane to return to Canada this Tuesday. However, I'm terrified that at my return (7 days later) they won't let me back in. We have not filed any paperwork yet simply due to the lack of funds, Hubby's employer has not come back from an out of town trip and therefore has not paid him, which is a substantial amount.

Do I go? Do I stay? What are the risks, chances of getting back in. I would even get a return ticket back to Canada. I'm stressing over this immensely. There is so much information out there but too much at times (for me anyways). We plan on filling out the forms once his employer gets back (which will be also upon my return from Canada).

I was wondering if I should just not fill out any forms until my return from Canada. Do I even risk going back? Of course if I don't my Canadian family will be furious but that's a risk I'll have to take if I can't come back in.

Will I have trouble at the POE since Ive been here 5 months already?

If this has already been answered I'm sorry but I'm stressed and really need your kindness and help please.

Thanks

Memoria.

visitor for a month should not be a problem right

If you are visiting for a month - do you have a job back in Canada? If you don't then this is a big red flag entering into US and then trying to prove that you have substantial ties that will indeed take you back to Canada.

I just started my own small business and work part time for a family member. So is there something of my business that I should bring while traveling to prove this.

Thanks I'm feeling very overwhelmed right now!!!

Thanks alot everyone, I'll read the guides and see if I have any questions afterwards... This is a great site by the way!

Hi, I fell in love and hard. I'm Canadian and my fiance is American, he wants me to move to the US ASAP. We are wondering when we should get married to make it as painless as possible for us and for me to be able to work there ASAP as well. We are in love, we have documents to prove it, I've already been to see him in the States and we contact each other every single day. What do you guys suggest? I will also be traveling with a pet (cat), going to the US as a visitor for a month should not be a problem right?