edmc

Sorry meant to update, he's back home now in Canada and we checked the I-94, thankfully he didn't overstay it. Thank you again for the advice and information!

2 minutes ago, OldUser said:

On one hand I agree with you about consular processing being a safer choice. On the other hand, it's not unusual for folks in this situation to leave the US after 6 months visit, spend a month overseas, and plan another 3-4 months trip to the US because they "cannot stay apart and I-130 is taking forever."

 

If OP really just wants to stay, I think it's worth taking the risk and adjusting. Immigrant intent becomes less relevant after 60+ days after entry.

 

I myself adjusted from nonimmigrant visa to GC under Trump v1 administration. Of course, things may be a bit different now.

 

I still believe if OP didn't have plan of staying, they can adjust.

 

Of course, consular processing is prefereble, as long as OP doesn't seek another admission as a tourist shortly after departing the US.

 

 

He 100% intended on going home but things happened and he ended up staying a month longer after 3 months. While adjusting sounds tempting, I'm way too much of a straight arrow and nervous nelly to go through that process. However, I will look into it. Thanks again for the advice!

Thanks everyone for the replies, it's been insightful 🥲 he will return home and we'll chill out with the visits. 

1 hour ago, OldUser said:

Did he file for an extension?

If yes, it's a bad idea. Even worse if he didn't apply for extension.

 

Does he just went to stay indefinitely?

I'd rather have him adjust status than stay longer without status.

To my understanding, an extension is not needed since Canadians are allowed to stay for 6 months upon entry: https://ca.usembassy.gov/canadians-requiring-visas/

Quote

Canadian visitors are generally granted a stay in the U.S. for up to six months at the time of entry. Requests to extend or adjust a stay must be made prior to expiry to the U.S. Citizenship and Immigration Service . As with all foreign visitors, Canadians are reminded that U.S. law requires entrants to qualify for the desired stay and purpose of travel at the time of their initial entry. A visitor who intends to live, work, or study in the U.S. and who does not disclose this information to the Consular or CBP officer beforehand may be permanently barred from the United States. For general information about immigration to or residency in the United States, please consult Travel.State.Gov .

Hi all,

Apologies if this is the wrong category for this question but I'm married to a Canadian and we applied for the CR-1 on August 2024. Since then, he's come to visit and has been here since November 2024 (132 days ago today).

He was supposed to go home in January but decided to extend his trip until April since he's allowed to be here for 182 days. As for finances, he freelances when he's home in Canada (not doing work in USA don't worry :-) he has savings and I make enough to support us both).

We would like for him to stay until May since that's the final 6 months that's allowed. My question is, will this impact our CR-1 application if he stays for this long? As per the new executive order, we did register here: https://www.uscis.gov/alienregistration but since he's Canadian he's supposedly exempt from fingerprinting but at least has to make an account and register.

Thanks for any advice!   

Wasn't able to find a topic for August 2024 filers so here we are 🙂

Filed on August 1st, 2024! 

45 minutes ago, little immigrant said:

You will declare it on the new I-864. Don't try to hide it. Once your ex naturalizes and/or gets 40 credits, you'll be fine.

Sorry I meant my ex coming after me haha. I still have a copy of all the documents and will likely include it as part of evidence it was a bona fide marriage.

7 minutes ago, Boiler said:

Plus 1 on the I 864, obviously being a second petitioned will come up at the interview.

I have a pretty close family and it's likely that my parents or my brother would be more than willing to sponsor.. fingers crossed!

43 minutes ago, little immigrant said:

Is your ex naturalized? If not, you're still on the hook for the I-864

 

To share a little bit of my experience with you: I'm the foreigner. I divorced my American husband and married another foreigner within a month of my divorce. I sponsored his green card and ultimately he got naturalized. It all went smoothly. 

He's not naturalized, that's too bad on the I-864. My ex spouse is doing well in his career so I hope that doesn't come up. 

9 minutes ago, Chancy said:

 

The rules say 2 years between I-129F petitions.  If you can't wait 2 years, you may submit a waiver request to allow you to file another petition.  But that doesn't apply in your case as it has been more than 2 years since you filed the I-129F for your ex.  So if you want to file a petition for your bf now, you may do so without needing a waiver.

 

That said, if/when you feel ready to marry your bf, consider marrying and pursuing a spouse visa instead.  Your bf has easy access to come visit anyway while waiting for the visa process to complete.  The timeframe for K1 processing is much longer now than it was back in 2017, and for some lucky couples, CR1/IR1 spouse visa processing turned out to be even shorter.

 

Thank you for the advice! I was also worried about the "183 day" rule and can't find much information outside of the definition of it.. My boyfriend I think passes the "substantial presence" test now and not sure what needs to be done.   Would you happen to have any information on this? Due to his situation he's able to visit me 6 months at a time and moving forward we plan on toning that way down. 

Also, how does one go about getting married without violating any laws? 😇

Hi all,

Long story but I wanted to come back to VisaJourney and confirm a few things because with my previous visa process these forums were a huge lifesaver. 
 

• I divorced my green card holding spouse (he received his 10 year sometime during it all. It was already processed/approved, he was very fortunate with the timing) because he cheated on me in late 2019-early 2020 and I found out in March 2020. 
  • We started dating in 2014, got engaged in 2016, he moved here in 2017 and we had our wedding party in the same year. 
  • Our marriage was failing in the 3rd year and we did go to couples therapy but he wasn't honest so it went no where. 
  • I did try my best to fix things but in the end he had already "checked out" mentally and it was difficult to reconcile.
  • I do have correspondences, photos, a mortgage, car payments, wedding photos, wedding bills, etc. to prove it was a bona fide marriage.
  • I do have the option to request an affidavit from my ex spouse stating that it was a bona fide marriage. We are not on good terms but I believe he will cooperate.  
  • I do have evidence of his infidelity. Not sure if this would help my case but figured I should mention it
  • Last bit I wanted to mention, we separated in April 2020 and officially divorced in August 2020, I have the divorce decree as well.  
• I did a search on Google and found that there is only a 1 year wait time for the petitioner to get married and petition for another K-1. Is this correct?
  • My boyfriend has not proposed yet but we have spoken about marriage and likely to pursue a K-1 visa around 2024. This is just me being proactive :). 
• My boyfriend is Canadian and we got together late 2020. I know I moved on quick, unfortunately my previous marriage was going downhill for a year. After I found out my ex was cheating I could see a light at the end of a very dark tunnel. An answer to the question I hadn't been able to answer for a year as to why things felt different. I am so much happier now and no longer living in a constant state of worrying and self loathing. 

Thanks for reading and any advice/help you may have!