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Posts posted by CAnadyIn
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Wow, thank you SO much RumRunner. That is very helpful information. I will discuss it with my fiancé to see what we want to try. Even though I may be ELIGIBLE to get a California driver's license, it remains to be seen whether I can pass the tests. Not exactly the small town (with one main street) that I originally passed my test in, when I was 16. But thanks for mentioning that. I would have thought that'd be a tricky one to get.
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I realize this is an old topic, but I have been searching for info related to Canadians not receiving I-94's and came across the following, from The United States Embassy Consular Services Canada website:
USA Arrival-Departure Record (Form I-94)
Not Applicable to Canadian Citizens
Canadians who travel to the United States as tourists or on business generally do not need a Form I-94.
This page is included here for the benefit of visitors from elsewhere who are traveling to both the U.S. and Canada.
I thought this may of use to people looking for info.
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Here is the Canada Forum
Thanks NArocks! I was just browsing it as you replied. A LOT of action over there.
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Thanks for all of that Kathryn41! I really appreciate it. It's beginning to make sense now. I'll be sure to check out the Canada forum. I wasn't aware there was such a thing
I think my username looks like a woman's name, but I'm the man, hehe. It's a different spelling of Canadian, with the "In" capitalized because I'm IN the US. The CA is uppercase because I'm in California. A lot of thought, I know
The form numbers (and what they do) is finally beginning to sink in. Thank you for being thorough!
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I appreciate all your help.
Sorry about posting in the wrong place. I was confused about the process and thought it belonged here.
I now realize that since I am in the country I am not applying for a visa, but rather an adjustment of status.
Finally makes sense.
As for the intent, it was not there upon entering. Of course there is planning for the wedding now that it is happening.
The original plan was not for this to happen, however, as I had a return ticket. Upon my entering the US the wedding plans were not made, no rings bought, etc.
Is it the timeline that is too close after entering? The wedding takes place over 3 months after entry, as does the process.
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Cool. That makes sense. Thanks NArocks.
What Visa are we applying for by submitting the I-130? Is it a CR-1 that we get? K3?
I'm looking at the comparison but can't see which applies. I'll get the hang of this, I swear, and then I'll be on this forum helping others navigate
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Are you planning on adjusting Status from here witrh in the US? Or do you plan to go back to Canada?
I plan to adjust status here in the US, and not in Canada.
If you are in the US and plan to remain here, you file for Adjustment of Status.If you plan to marry and go to Canada for processing, you file for a CR-1.
2 years after becoming a permanent resident, you will remove conditions.
If I'm understanding correctly, we do an I-130 and I-485 concurrently and then the I-751 has to happen because we will be married less than 2 years when we apply.
Is this right?
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If you are filing the I-130 and not adjusting status (assuming by the 'quite costly' comment) then you will need to go back to Canada. You will need to ensure you do NOT overstay the allotted time you were given in the US.
Good luck.
Thanks canadian_wife.
I just read in *Len*'s signature about the I-751. That would remove the conditions of the CR-1.
Are you saying that I have to do an Adjustment of Status during this process of getting the CR-1 or do you mean AFTER those two years?
If it's the second, it appears the I-751 is what a person uses to remove the conditions.
If it's the first, I don't think it would make sense to apply for a Visa, adjust my status to stay here and THEN remove conditions.
I could be wrong, but that doesn't seem right
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If you're filing for the CR1, you will not need to file the I485.
Hmmm...really? Never, or just not until the CR-1 expires in 2 years (is that even the case?)
Prior to your CR1 expiring you'll file for removal of conditions, not the I485. We're filing IR1 so not 100% sure on the process for removal of conditions.
Ah, ok. That would be a relief since the I-485 is quite costly!
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If you're filing for the CR1, you will not need to file the I485.
Hmmm...really? Never, or just not until the CR-1 expires in 2 years (is that even the case?)
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There is nothing wrong with marrying here on a tourist visa --- as long as you return to Canada for your processing. Otherwise, the onus will be on you to PROVE you did not have immigrant intent when you entered. Careful.
Thanks for that. I realize the immigrant intent issue. I think we're covered on that front, although I'm aware there could very well be questions about it. Would this come up during the interview or before? Do you know?
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Hi everyone!
I've been looking through this site and others and I think I have an understanding of what's going on. I'm looking for some clarification, though.
Background:
- I am Canadian
- My SO and I have been dating since last September, with several trips back and forth
- I came here at the end of May on a tourist Visa, with round-trip ticket
- My SO and I have since decided to get married, in the US (in September)
- She has an apartment, and I'm staying here with her
My questions:
- Is the I-130 the first form we submit? Does this get us a CR-1 Visa?
- From there, is it an Adjustment of Status (I-485)? Can we file these at the same time or is it one after the other?
- Where do the I-765 (Employment Authorization), I-693 (Medical), I-864 (Affidavit of Support), I-131 (Travel) and G325A (Biographic) come into play? Or do they?
I'm also wondering about getting things in both of our names (lease, bank account), to show that we are living together. Is this possible since I have no SSN or US credit record?
Any tips, tricks or suggestions from people who have been in similar situations would be MUCH appreciated. We don't want to mess this up! Thank you!
How long after filing AOS until Green Card received?
in Adjustment of Status (Green Card) from K1 and K3 Family Based Visas
Posted
Although we're in California, we sent our forms on October 5th, had our interview today and the green card should be here in 2-3 weeks. So, overall that will be about 4 months. Best of luck.