k2daho

Don't see a way around not having to go through CBP - everyone will have to (US citizens as well) after departing the plane.

Out of sheer curiosity - where in Europe are you flying from that takes you to SLC as your first stop.. ?

Yes, I know I won't be able to actually avoid it...just wondering if anyone had ever deferred to their next entry in light of the fact that they were simply transiting via the USA and not actually entering. For example...if you were from a country that needed a visa to enter the USA even for a visit...they would let you transit if you were not actually staying in the country at that point. So, I'm wondering if they might (in light of the transit factor, and the limited time that we have to catch our connecting flight!) let us defer the paperwork to when we enter the USA from Vancouver at their pre-clearance point.

We are flying from Paris.

Sorry for the confusion...it feels confusing too!

We are flying from outside of the USA through Salt Lake City with our first real destination being Vancouver. So in Salt Lake City we'll simply be changing planes to go to Vancouver, and will have an hour to do so. Since we are beginning our travels from Europe, I believe that we will have to clear customs and immigration in Salt Lake City in order to transfer over to a domestic terminal to fly to Vancouver. I have already confirmed that we have to change terminals for our flight to Vancouver.

So, I'm wondering if there is any way that the immigration official will let me simply transit as a Canadian citizen rather than going through the sealed brown envelope, etc. Considering I'm not ACTUALLY staying in the USA at that time, and will have proof that I'll be coming back the following week with lots of time to go through the process then.

I'm wondering if someone knows the answer to this question.

I was just approved and have my CR1 visa in my passport. My husband and I are living overseas and are travelling home this week to Canada first, and then to the USA for two weeks. Technically Salt Lake City will be my first point of entry, as I assume that we'll have to pass through customs/immigration there, but we will only be changing planes to continue on to Vancouver, BC. We have an hour to get to our next flight and I'm worried that if I have to do my visa processing at that immigration point then we will miss our flight to Vancouver!

Any chance that if we show them that we'll be re-entering the USA the following week to go to California that they would let me simply transit in that city and then give my visa paperwork when I leave Canada to go to California? I'm feeling like if we have to do it in that first city that we'll definitely miss our connection!

Any advice or experience with this type of issue?

Hey, sorry...the reason I'm not naming the country is that he works for the US gov't and it's not really appropriate or my place to talk about his work or where he is online if that makes sense. I know that he wouldn't like it...not trying to be secretive or anything weird!

Also I'm not living in the USA, was here staying with my husband until he left a couple of weeks ago, and then we were exploring the idea of me just staying and filing for adjustment. We have since decided against that...too risky.

So now we're filing DCF, I know it's not usual since I'm not living there, but the consular official we spoke to at the embassy where my husband is confirmed that we can file since he is working for in a gov't capacity there. They confirmed that I could either interview there (they prefer this) or else in Canada.

Regardless I still have almost four months to legally stay in the USA, and since our apartment is still rented and I have friends and family here that I can visit as well, I will most likely stay until I can file and interview for CR1 in Africa. We are being told that this will most likely happen before my allowed tourist time in the USA is up.

Does this make more sense?

After I interview and get approved I'll return to the USA using the CR1, file for expedited naturalization which is available to us, and give notice on the apartment and have the rest of our stuff shipped to our new home.

It all just seems convoluted to me...you're a Canadian on a tourist visa living in the US, but your husband works in 'an African' country where he intends to do DCF to for you to get your US residency? All so that you can join him to live there while he finishes his two year work contract? Where will you interview for the visa, in this unnamed country? Will you travel there, no visa needed for you to travel there? I'm having trouble following....but have you consulted w/ an attorney for an opinion? Perhaps that can be of more assistance, as this does not seem simple.

Good luck,

-P

Great, thanks Mateo...that's what I was thinking...it's basically the same as me staying at a hotel for a visit except that my husband pays for it! haha

You should put down everything in Canada and nothing about the address here in the US. You are just visiting as far as they are concerned and regardless of how long you stay, 2 days or 2 months its just a visit. We had a similar situation and we used all the foreign addresses.

I don't see how it's relevant to our filing the I-130 in pursuit of the CR1 visa without me overstaying in the USA...please explain your concern.

I'm here on vacation as a tourist in the United States which I'm legally entitled to do for six months a year as a Canadian citizen, and that should have no bearing on our filing. It's the same as a foreign spouse who visits in the USA as a tourist while their I-130 or I-129F is pending.

If you're seeing something I'm not please explain, but I'm pretty sure that I've done nothing illegal as long as I leave the USA before six months are up.

Not about me accusing you, it is what the government thinks you were doing on a tourist visa before you were married. Just seems a bit complicated and odd. I might ask a lawyer first before I filled out anything.

No that wasn't the "plan", it became an option for us after my husband and I thought about it further and thought we might be able to file concurrently while I was here, but now (with help from this forum) we've decided that it's not worth the risk. Both were post-marriage decisions. We got the joint lease when I was here before we got married (while I still had a residence and job in Canada) as a form of proof of our marriage for later on, and also so that we'd both have keys, parking passes, etc for our complex which we couldn't get without my name on the lease.

Not sure why you are accusing me...

But you were planning on staying in the US on a Canadian tourist visa. There are many other ways to prove a bonafide relationship than that. I know you are leaving, but it is just a bit strange. Eh, no idea.

We did that to have evidence of our bonafide marital relationship, and it does not matter since I'm not filing for I-130/AOS within the USA, we are filing DCF. I'm leaving to get the visa and will enter legally with that. Intent is only in question if you're planning to stay in the country.

You came as a tourist with a joint lease on an apartment in the US? Ummmm...your intentions were very clear. I think there could be trouble.

Hi there,

Some of you have seen my other posts, and my husband and I are going ahead with filing the I-130 at the embassy at the country in Africa he is in for work. We have contacted them and they will process our visa there! I do have to go over there to interview, but other than that it sounds like it should go fairly smooth.

So now I'm re-filling out the I-130 for my husband as we are now aiming for the CR1 and not adjustment of status within the USA.

Right now I am currently in the United States legally as a tourist from Canada. I entered just over two months ago and as a Canadian I believe I am allowed a 6 month stay. So, at this time I'm staying in our apartment (joint lease) here in D.C. while my husband is in Africa. I will not be overstaying my allowed time here, no intention of that, and now that we are doing DCF it shouldn't be an issue at all as it should go quickly from what we are told.

So for Question C.2. what should I put as my address? Will it look bad for me to put this U.S. address? Or should I put a permanent Canadian address where I will go back to if I run out of time here?

And following that for C.14. should I put that I am currently in the United States? I do not want them to mistakenly think that I am trying to adjust status from inside the U.S. and that make our application take longer. I will be leaving the U.S. either to go home to Canada or to go to Africa to the interview before my 6 months is up. This also brings up that as a Canadian I don't have an I-94 or I-95 and therefore have no document showing the day I entered the country...what should I do?

Next question... C.21. do I say that we were staying here at this apartment together for almost two months after we got married before he left for Africa? I've read elsewhere that this can make them suspicious that you've been living in the USA illegally.

Lastly...C.22. Am I right in thinking that I just don't fill this part out cuz I'm not doing AOS in the United States, correct?

Thanks!!!

Hi there,

Some of you have seen my other posts, and my husband and I are going ahead with filing the I-130 at the embassy at the country in Africa he is in for work. We have contacted them and they will process our visa there! I do have to go over there to interview, but other than that it sounds like it should go fairly smooth.

So now I'm re-filling out the I-130 for my husband as we are now aiming for the CR1 and not adjustment of status within the USA.

Right now I am currently in the United States legally as a tourist from Canada. I entered just over two months ago and as a Canadian I believe I am allowed a 6 month stay. So, at this time I'm staying in our apartment (joint lease) here in D.C. while my husband is in Africa. I will not be overstaying my allowed time here, no intention of that, and now that we are doing DCF it shouldn't be an issue at all as it should go quickly from what we are told.

So for Question C.2. what should I put as my address? Will it look bad for me to put this U.S. address? Or should I put a permanent Canadian address where I will go back to if I run out of time here?

And following that for C.14. should I put that I am currently in the United States? I do not want them to mistakenly think that I am trying to adjust status from inside the U.S. and that make our application take longer. I will be leaving the U.S. either to go home to Canada or to go to Africa to the interview before my 6 months is up. This also brings up that as a Canadian I don't have an I-94 or I-95 and therefore have no document showing the day I entered the country...what should I do?

Next question... C.21. do I say that we were staying here at this apartment together for almost two months after we got married before he left for Africa? I've read elsewhere that this can make them suspicious that you've been living in the USA illegally.

Lastly...C.22. Am I right in thinking that I just don't fill this part out cuz I'm not doing AOS in the United States, correct?

Thanks!!!

Why would I need to be there for six months? I thought the residency requirement was only for the USC filing, no?

My husband and I are looking at DCF as an option for us. He is living in Africa on a 2 year contract and I am currently in the USA, but am a Canadian citizen. I can legally be here in the States for 180 days so I'm good on that part.

He spoke to the Embassy today where he is and they say that DCF is available to us, but I have a question about where I'd apply for the visa once the I-130 was approved. I presume I'd be able to do that in Canada, right? Or do I have to be in the same country that he is in???

Please help me figure this out

In order to direct consular file you will need to be in Africa with him (in general most consulates require that you be in the country for at least 6 months first). Your interview will be scheduled there. Now whether or not you could then transfer your interview to Montreal - I'm not sure. I have seen a couple who had their case transferred from Montreal to Ireland (however he was an Irish citizen and they found they were not eligible to interview in Montreal as he was only here on a tourist visa).

My husband and I are looking at DCF as an option for us. He is living in Africa on a 2 year contract and I am currently in the USA, but am a Canadian citizen. I can legally be here in the States for 180 days so I'm good on that part.

He spoke to the Embassy today where he is and they say that DCF is available to us, but I have a question about where I'd apply for the visa once the I-130 was approved. I presume I'd be able to do that in Canada, right? Or do I have to be in the same country that he is in???

Please help me figure this out

Okay, thanks, that's how I was understanding it so that makes sense! I do realize I'd have to go back to Canada which wouldn't be a huge issue. And I am only two months into my allowed 6 month stay in the United States so I could easily stay here until then and then go back if that's the route we decided to go.

Anyone know what kind of time frame I'd be looking at to do the CR1? Also what's the difference between CR1 and IR1? Which would I get???

I was just looking into this actually. It seems more straight forward rather than doing the K3 and then adjusting status, right???

What is the downside?

Why would our situation make it difficult to do AOS if we did the I-130 first to get K3 and then did AOS after I entered???

CR-1/IR-1 Also results in a green card upon entry as it is an immigrant visa. There are unique factors in your case which could make AOS difficult and CR-1/IR-1 may be a better route.

But definetly, go see a lawyer. You can use this to help find one. http://www.aila.org/

With either the CRI or K3, you are going to have to go back to Canada for an interview. These are visas, and not AOS. CRI is actually a visa and adjustment rolled into one.

I was just looking into this actually. It seems more straight forward rather than doing the K3 and then adjusting status, right???

What is the downside?

Why would our situation make it difficult to do AOS if we did the I-130 first to get K3 and then did AOS after I entered???

CR-1/IR-1 Also results in a green card upon entry as it is an immigrant visa. There are unique factors in your case which could make AOS difficult and CR-1/IR-1 may be a better route.

But definetly, go see a lawyer. You can use this to help find one. http://www.aila.org/

My husband's job involves only overseas work, two year tours basically back to back with small bits of training back in the States so this shouldn't be an issue.

Your spouse has to have at least a year left in their orders, according to USCIS's guide to naturalization so depending on how your timeline goes, I'd be careful with that.

Hi there,

I should be able to naturalize as soon as I have a green card as there is a special expedited process for this reserved for military/gov't family members if the service member is overseas and seperated from their family because of the family member. We will file that as soon as I have a green card. There is no residency requirement, etc as there is with regular naturalization. I assume I"ll be able to get a passport right after that.

... On the other hand I REALLY want to be able to file both at once to shorten our wait so that I can get a U.S. passport to go join him in Africa for the second year of his tour.

You will not be eligible for a US passport for several years, even if you you stay to adjust status and it is granted successfully. You need to have legal permanent residency status for 3 years based on marriage to a US citizen first, before you can even apply for US naturalization.

If you flew into the US, then record of your entry will be in the system from when they scanned your passport, whether or not you filled out an I-94. They know you're here, and when you arrived.

Thanks, very good advice. Any advice on finding a good lawyer in the DC area who has lots of experience???

Do I take this to mean that there IS a way to turn our approved K1 into an I-130? I mean really it's all of the same initial paperwork, so I don't understand why we have to go through the process fully again...

Any experience doing anything like this???

By virtue of their marraige, they have technically invalidated the K1 and they cannot "convert" that to anything. They will not be doing the K1 + AOS but, rather, the AOS + I-130.

OP, I agree with most everyone who has posted here. Although you can technically apply for AOS+I-130 and stay here there are several factors in play in your situation that warrants a consultation with a good immigration lawyer. Please make sure that the lawyer you are consulting with has extensive experience with family immigration cases. I say this because we've personally had a bad experience with lawyers and try to avoid them if we can. But, in your case, it would be worth your peace of mind to consult with a good lawyer.

Ok thanks, that's what I thought. I don't see why we can't even just attach our I-129F approval with our new submission...you'd think that would save them a TON of work!

Do I take this to mean that there IS a way to turn our approved K1 into an I-130? I mean really it's all of the same initial paperwork, so I don't understand why we have to go through the process fully again...

Any experience doing anything like this???

Just to re-cap:

1-you're canadian,

2-live in the US with no visa,

3-can't work,

4-have an approved K1 but you're married,

5-marriage took place in the US while K1 was pending

You should probably apply for I-130 BUT you need to find out how you can convert K1 to I-130. I do know that you're NOT eligible for I-130 if you apply while living in the US. You should probably pursue it from Canada.

Visiting the US while the visa is pending is neither here nor there since it is the discretion of th POE officer. However, the onus is on you to inform the USCIS of a change in your marital status which again I think should be done as a Canadian resident.

No you can't convert your K1 to an immigrant approval. It's dead in the water now by virtue of your marriage.

I totally agree with you on why we were in a rush and I'm so surprised that there isn't more "wiggle room" for genuine situations like this, but I guess then everyone would come up with something that was unique about their particular case. Honestly I would hope that at the interview they would take this into account, especially as my husband is an officer in the military doing service for his country!

As for the date, no there is no stamp, and they didn't scan my passport as I entered by land crossing and I'm 99% sure they didn't scan it there. But I do not want to have to lie at any point, that would be out of the question for me.

well, I don't think it's that unreasonable for someone to be in a rush to get married before they're being sent to Africa for 2 years for military training.

also, there is proof of date when you got married but there is probably no stamp on your passport as to when you entered so that date is anyone's guess.

If we were denied and put into removal proceedings (most likely I'd just leave voluntarily if I was asked to) could I go back to Canada and then apply from there again? Or is it a one time only deal?

Basically, they can put you into removal proceedings if denied.

I haven't seen anyone denied on this board due to fraud, but I also haven't seen anyone apply who married the day after entering. That in and of itself looks suspicious, especially with a K-1 that was filed and subsequently approved. I'm not making a judgement call on what you did/didn't do, because that is not my place, but it could look suspicious to the IO. Having the K-1 in process in and of itself doesn't mean it's fraud, but that with the fact you married the day after entering and now want to stay could trip you up during the process. And like Gwen said, I wouldn't want to gamble my future on "it may or may not be an issue" or "a lot of people don't have problems".

You really need to speak to an immigration attorney asap, and if they advise you to return home and do a CR-1 or K-3, then it would probably be best to do that.

Do I take this to mean that there IS a way to turn our approved K1 into an I-130? I mean really it's all of the same initial paperwork, so I don't understand why we have to go through the process fully again...

Any experience doing anything like this???

Just to re-cap:

1-you're canadian,

2-live in the US with no visa,

3-can't work,

4-have an approved K1 but you're married,

5-marriage took place in the US while K1 was pending

You should probably apply for I-130 BUT you need to find out how you can convert K1 to I-130. I do know that you're NOT eligible for I-130 if you apply while living in the US. You should probably pursue it from Canada.

Visiting the US while the visa is pending is neither here nor there since it is the discretion of th POE officer. However, the onus is on you to inform the USCIS of a change in your marital status which again I think should be done as a Canadian resident.

Also...this confuses me. If you take the language in the instructions of the I-485 on its own...there is nothing that says that people cannot adjust status from visitor as a spouse...

"you are not eligible for adjustment of status if any of the following apply to you:

11. You were admitted to the United States as a visitor underthe Visa Waiver Program, unless you are applying because you are an immediate relative of a U.S. citizen(parent, spouse, widow, widower or unmarried childunder 21 years old);"

Applying directly for AOS when you married the day after you entered, is likely going to look like fraud. You are technically not allowed to marry and stay on a non-marriage/immigrant visa. Unless you can prove that it was not your intent when you entered. Although as you said, you didn't intend to stay, can you prove that if asked?

The safe way would be to return home and apply for K-3 or CR-1/IR-1.

With the AOS route, you may get lucky and have no problems. Or you could end up with some ugly issues if the adjudicator decides that what you did was fraudulent.

Before filing anything, I would suggest that you speak to a lawyer.

Yes this is what I'm worried about. My fiance tells me that he's not worried and that he's seen people go this route before and have no issue. But my biggest fear is for something to go terribly wrong. On the other hand I REALLY want to be able to file both at once to shorten our wait so that I can get a U.S. passport to go join him in Africa for the second year of his tour.

Does anyone have any specific info on what happens if they do decide that they think you are commiting visa fraud and deny you? What would the options be available to us at that point? Has this happened to anybody???

Applying directly for AOS when you married the day after you entered, is likely going to look like fraud. You are technically not allowed to marry and stay on a non-marriage/immigrant visa. Unless you can prove that it was not your intent when you entered. Although as you said, you didn't intend to stay, can you prove that if asked?

The safe way would be to return home and apply for K-3 or CR-1/IR-1.

With the AOS route, you may get lucky and have no problems. Or you could end up with some ugly issues if the adjudicator decides that what you did was fraudulent.

Before filing anything, I would suggest that you speak to a lawyer.

And also I have heard that there are issues surrounding this type of AOS as well which is why I'm asking, but most often I can't find the examples of when it's gone terribly wrong...it seems like most of what I'm finding in my research is that it's never really an issue when it get to the interview...that is my only concern as I said I KNOW what my intentions were and were not, but I have little concrete evidence should they be looking for it.

Well yes, they asked where I was going when I crossed the border and I answered honestly and there were no further questions. I crossed legally and got married (which is not illegal or fraudulent) and only after being here now for almost three months we have decided that I will stay here instead.

Well yes, they asked where I was going when I crossed the border and I answered honestly and there were no further questions. I crossed legally and got married (which is not illegal or fraudulent) and only after being here now for almost three months we have decided that I will stay here instead.

Looking forward to hearing what you have to say!

So you actually got into USA and got married before your K1 is approved and enter as a tourist?

I have heard many stories that is a big NO.

Oh yes sorry, I meant the I-130...that results in the K3 though right?

I am a Canadian so do not have an I-94, but I entered the day before our wedding in November and have six months to stay although I believe after I file the paperwork I can stay as long as it takes for it to be completed.

Here is our situation. We had applied for the K1 visa after we got engaged in early summer...sent our application in June. Then heard NOTHING for months.

During the meantime my now husband was in training for a military position overseas and then training was to end on November 2 2007, and he was considered ready to be sent at any time after that for a two year tour in Africa. Having heard nothing about the K1 we decided we wanted to get married before he was sent overseas, and we set a wedding date. After the wedding in early November I remained here in D.C. with him, the plan being to stay here until he was deployed and then return home. I still have my lease which expires next month to prove that I had a contract to my apartment in Canada still. I did technically leave my job (I was a nanny, they had to replace me not knowing how long I'd be gone) but I had, and still have an open offer to go back and work for them should I choose to.

Now my husband has left, and it's really just more financially realistic for us for me to stay here rather than fly back to Canada, and since my original intent was not to stay in the USA it seems that we should be eligible to apply for K3 and AOS at the same time. Also considering the situation with him being an officer in the military and our timeline getting pushed up due to his deployment, I'm hoping that may be considered somewhat by USCIS...not sure about that though.

Oh yes and to make matters even more complicated, or maybe just annoying, we got our K1 approval (pending interview, medical, etc) in the mail a few weeks after we got married!!! Even so though if we had waited for that my husband would have been gone before we would have gotten an interview and I would have had visa in hand so it would have been the same situation.

I know that there are lots of people on this board who really dislike the use of K3/AOS filing concurrently, but I really want some honest experiences of those who have done it and if my situation sounds doable. All I really have for concrete proof that of not intending to immigrate right now is my lease paperwork, so I'm worried about that side of it, although it sounds like from some experiences I've read on here, they don't even ask about intent...

Looking forward to hearing what you have to say!