WW33

5 hours ago, mam521 said:

 

Dealing with USCIS is one of the most unfun things you can do and you want to minimize it as much as humanly possible!  Do consular processing.  Avoid AOS and hopefully ROC. 

 

While my process was pending, I could travel to and from the US, I could visit my spouse and he could visit me, we could travel internationally and most importantly, I could work my job in Canada.  

 

After I interviewed at the Consulate, I entered the US with my greencard in hand.  I didn't have to do anything else.  I walked into the SSA and got my SSN, I could travel in and out of the US freely, I started accruing time towards my citizenship.  We chose to enter 1 day after our 2 year wedding anniversary so my kids and I would receive 10 year greencards and not have to go through the headache of removal of conditions (ROC).  

 

If you adjust, you can't work initially (and you're currently breaking the law with potential impact by working remotely despite it being for a job in Canada, FYI), you can't travel outside of the US initially, you have to pay to adjust, then pay again to remove conditions.  Removing conditions, if you read on here, can be a pain and often people aren't issued their 10 year greencards in due time and are stuck with extension letters and a ton of hassles dealing with USCIS. I also don't know how your approval odds would be considering you'd have ZERO income between the two of you. 

 

As an outsider looking in, it makes a helluva lot more sense for you to go back to Canada, keep working and apply for consular processing.  You can keep visiting as you have, but put as much money away as you can and don't serve as a distraction to your partner so she can finish school and get a job to sponsor you.  As I've said many times before, immigration is a privilege, not a right and the amount of time it takes to get through the process properly is minor when you consider marriage is supposed to be a life long commitment.  Additionally, starting a marriage under financial duress is a surefire way to end up on the short path to divorce court.  

 

 

 

Thank you this makes so much sense and I value your perspective since you’re Canadian too.  A couple of points I am wondering about should I choose to do it the way you have outlined:

1. Me and my partner don’t really communicate too much over text or FaceTime. We still talk a couple of times per day when we are away from each other through text, but would there not be some issues proving bona fide relationship if we are long distance? What did you submit/what was required? We only started dating within the past year so we don’t have too many photos yet either.

2. do you know if my Canadian employer income could be used to help our financials on the application if I am working in Canada?

1 hour ago, SalishSea said:

Much longer than what?   Getting a green card via the K-1 process takes much, much longer.   Please do some reading about the K-1 and adjustment of status.  
 

Also, you have t really responded re:  working in the U.S. illegally.   That could create problems later on for you.

I meant much longer than applying for marriage green card without leaving the US. Like if I just stay here instead of going back to Canada

1 hour ago, mam521 said:

If you get married and apply for consular processing, you enter the US with a greencard in hand, able to apply for a SSN and work straight out of the gate.  

 

If you get married and adjust status right now, you cannot work until work authorization is issued, you cannot leave the US until your travel document is issued, you have to not only adjust status, but will have to remove conditions on your 2 year, conditional green card (when you finally get it).  

 

Not sure how you two would survive financially without you able to work for likely 8-10 months.  

 

You still haven't said if you're working remotely.  This is prohibited.  If you are working remotely, I suggest you stop immediately.  That can cause complications with your case, no matter what direction you choose to take on your immigration journey.  

Do you know how long that process takes compared to me just staying in the US right now and then doing AOS? I see in your profile it took you 2 years, would you have gotten things done quicker via being in US?
 

I am working currently yes but I am only here visiting my dad, I haven’t gotten married yet. 

3 hours ago, mam521 said:

Hopefully not working - this could cause some issues. 

It seems like getting married and then going back to Canada before applying for the IV could be the option that makes more sense, my concern with that route is does it not take much longer to get the green card?
 

It would certainly be easier for me to explain the living apart aspect

2 minutes ago, TBoneTX said:

Your immediate need would be to find anyone -- family member or someone -- who'd agree to cosponsor you.

 

Another option is to wait until your girlfriend graduates from college, finds a job, and is earning enough to qualify financially in her own right.

My dad is a US citizen and would be willing to sponsor me but I don’t know how that would satisfy the lease/bank account requirements? I’m living with my dad right now and she stays here when she’s not on campus too, but the lease is in my dads name

3 minutes ago, TBoneTX said:

Welcome to the forum!

She would need a cosponsor whose income would meet the requirements.

Study the "Guides" (blue dropdown atop any VJ page).

Thank you! I’ve read about requiring a lease together and joint bank account etc, but given our circumstances we wouldn’t have this, does that not matter?

Hello my US citizen girlfriend is a college student and has little to no income, can we still get married and apply for my green card so I can live with her? For reference I am a Canadian who is employed remotely and I am already in the USA spending the winter with her. Just unsure what the next best steps or options would be.

thank you in advance