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Starburst

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    Canadian, what's my status ?

    in Adjustment of Status from Work, Student, & Tourist Visas

    Posted

    A. It is still fine to come here with the intent to marry. If circumstances change, then yes, the person can stay and AOS. They never had intention to adjust status when crossing the border, and the border guard (who makes the final determination) decides if he feels they have intent or not. If he/she thinks they have intent, they are not allowed in,. If they are allowed in, then they did not have intent.

    B. I have asked this of posters before. I want to see proof of "Others have been banned for marrying and not being able to show that it was unplanned.". I have not seen one instance of this, in fact intention can NOT be used as a reason to deny, there must be other significant negative factors in the case.

    ETA: I presume you meant that "Others have been banned for ADJUSTING STATUS and not being able to show that it was unplanned."

    I did not need any proof to prove it was unplanned. I had no return ticket (cause we didn't know when exactly I was going back), nor job back home. I lived in my parents basement at the time. I was on leave from school.

    The never questioned it, nor asked for proof.

    Canadian, what's my status ?

    in Adjustment of Status from Work, Student, & Tourist Visas

    Posted

    Hi,

    You can enter the States for 6mo. at a time as a visitor. It is called a B-2 visa and is issued at the port of entry. Once the 6mo. is up you must return to Canada or you will have overstayed your visa and that can be big trouble down the road if you decide to emigrate as a wife or fiancee. Even if you marry while you are in the States while on a B-2 visitor visa you cannot do AOS. You must file the I-130 and wait to be approved as if you were still in Canada. I just went through the whole process and it took a year. I entered the States as a visitor and got married, we applied for a CR-1 visa with the I-130 application. When my 6mos. visitor time expired I had to go back to Canada and wait for the application to be approved. Once the application was approved I went to Montreal for the final processing (medical and interview).

    Anyway, to answer your question. You can't do AOS. You don't need a visa to enter as a visitor since they issue it at the border when you enter the USA. If you do decide to do this don't tell the custom agent that you are going to the States to get married to an American, chances are they won't let you in as they might consider that a reason for you not to leave again (immigration fraud). Whatever you do, make sure that you are not in the States for over 6mos. at a time.

    Also, during the processing time you can visit the USA. What I did was go back to Canada for two months after I got married, and then went back to the States to visit in the summer, then I went back to Canada for four months, then I went back to visit for five months. So I was able to visit my husband a lot during the year that we waited for the application to be approved. What I would suggest is entering the USA on your B-2 6mo. visa and getting married very shortly after you enter. Apply for the CR-1 visa RIGHT AWAY, then you can wait in the States for a lot of the approval time. But go back to Canada before that B-2 expires. :)

    Hope this helped.

    This is actually not true, as far as I know.

    I am Canadian, and went to visit my husband in the US. During that time, we randomly decided to get married. We adjusted status two months after getting married, and had no problems.

    You don't HAVE to leave the US once you get married if you decided to do it after you get there. That's not illegal. It's entering with the plan of getting married that's illegal.

    So be careful telling people they only can do a CR-1 visa, because it's not necessarily true if they decided to get married during a visit, and it was unplanned.

    Issues at the border (with card)

    in Working & Traveling During US Immigration

    Posted

    Starburst, your experience was probably just an anomaly. As the others have said, I never had a problem returning from Europe, either, with my ticket and passport in my former name and my GC in my married name. In fact, I have never had a problem, ever, using the passport and GC in different names. I don't know of anyone in this same scenario who has done anything different. Perhaps if you change your luggage tags to match your GC? That's probably what made them suspicious in the first place. You kind of have to think like an agent to see it from their perspective. In any event, I am not changing my passport name. lol

    If you are speaking to the OP... Canada requires a completely new passport with a name change. They won't update an existing passport.

    Moving from General Immigration to the Travel section.

    Thanks Everyone.

    I've flown many times since getting my GC years ago and never had an issue before.

    The issue they had is that the tags the airlines put on the luggage(for where to send your bags to) didn't match my GC. (and they show you your luggage at customs). So since the name was under my maiden, they said they "weren't sure it was mine". I have a huge sticker on the back of my luggage that is also stuck on my cover for my passport (well, the plastic cover I have). The guy in secondary said "oh it matches!". He told me that as long as I'm identifying my luggage, it should be fine.

    US customs coming from Canada never even look at my marriage licence (and I've flown back and forth tons).

    I'll see what happens when I go back to Toronto in December. If it happens again, I'll be changing my name on either my GC or Passport. I just didn't want to because once I move back to Canada permanently with my husband in a few years, I would just change it back.

    Thanks again everyone :D

    /starburst star_smile.gif

    Issues at the border (with card)

    in Working & Traveling During US Immigration

    Posted

    Hi Guys,

    In May, I took a trip to Europe, and upon my departure I got pulled into secondary customs, and had all sorts of issues at other points in security.

    My greencard is in my married name, and my passport is in my maiden. I've never had an issue before (I even went to Europe last Fall and it was fine).

    Apparently because Greencard + Tags on my luggage don't match, they pulled me. It was this 2.5 hour ordeal before the top customs official released me.

    Is there a work around this to prevent the issues in the future? I don't want to change my passport because it's fairly new (and would require an entire new one).

    I always carry a copy of our marriage licence when we travel to show the name transfer, and they've never questioned it before.

    Has anyone had this problem (and solved it outside of getting an entire new passport?)

    I have to book my tickets in my maiden name since it has to match the passport.

    thanks!

    /starburst star_smile.gif

    I-751 June 2011 Filers

    in Removing Conditions on Residency General Discussion

    Posted

    Thanks!

    I got my approval letter today, but not the card yet. i'm sure that'll take some time.

    Also, is it normal for them to mail stuff back? They mailed me back all the photos I've sent them (between I-485 and I-751) in a big envelope today with a note saying "I thought you'd like these back"

    It was really nice of them!

    Still crossing my fingers for everyone here! good.gif

    /Starburst star_smile.gif

    I-751 June 2011 Filers

    in Removing Conditions on Residency General Discussion

    Posted · Edited by Starburst

    Stopping by with great news! Less than 5 minutes ago..

    Application Type: CRI89 , PETITION TO REMOVE CONDITIONSOF PERMANENT RESIDENT STATUS RECEIVED

    On October 31, 2011, we ordered production ofyour new card

    Took 125 days.

    I hope everyone else hears from them soon! Don't give up! good.gif

    (funny enough, I tweeted @uscis yesterday and told them to hurry up!)

    I'm not going to touch that chart. I almost screwed it up before! (sorry!)

    ps; BOTEVINKA - statistically speaking after our AOS, you should get yours today/tmmr rofl.gifrofl.gif

    I-751 June 2011 Filers

    in Removing Conditions on Residency General Discussion

    Posted

    Anyone travel with only their GC and NOA?

    My wife was questioned by the Airlines while leaving US that she needed the stamp in the passport or NOA notice, but when we call USCIS they say she only needs NOA and the GC...

    Anyone else have any recent experience traveling? Just little nervous here.

    Just got back from Europe a few weeks back with no issues! Just make sure you have a photocopy with someone in the US, and bring one with you as well!

    Have fun!

    /Starburst star_smile.gif

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