soon2batexan

If you entered the US with the intent of visiting and then decided to get married, you actually can just adjust from B-2 (which is what they automatically grant you when you enter the US as a visitor/tourist if you're from Canada) to a Permanent Resident. You'll have to file form I-485, same as anyone else who applies for a green card, but unlike many others to marry outside the country to have to apply for a visa prior to entry, it's likely you can just adjust as a visitor. While in the US, you are deemed to be in whatever status you entered on until you apply otherwise (ie student, tourist, etc).

One important thing to note - now that you're married, I don't recommend leaving the US while your green card app is pending. You can apply for a travel document, but in order to adjust your status from that of a visitor and remain in the same status you entered on, it's important that you don't leave until you receive or green card. Otherwise, you'll end up having to file visa paperwork and remain in Canada while it's processed.

Americans can travel in and out of Canada pretty freely. We don't have Fiance visas in Canada, so you shouldn't encounter any difficulties. As for your Canadian Fiance, he can visit you as well. Just make sure he brings proof of his ties to Canada (ie lease/title for his home, a letter from his employer stating when he's expected to return to work, a couple of utility bills (cell phone isn't a good enough example..electricity/water bill would be preferred), and any other proof of ties that would compel him to return).

I personally visited the US twice while my K-1 was pending as was never even asked to show proof, although I had it with me to be on the safe side. Also, when I went through customs at the airport, I had a printed copy of my itinerary showing proof of my return airfare, and I handed that over automatically with my boarding pass and passport to the customs officer. That way the don't have to ask how long I'm staying, therefore it reduces the need to ask a bunch of other questions.

There are people who have been denied entry, but it's rare. Your Fiance should answer honestly and confidently, and remember to look the CO in the eye.

Our k-1 took about 3.5 months to process from start to finish. I live in AB, and since your Fiance is in SK he'll most likely interview at the Vancouver Consulate as well (which is an easy and less expensive trip than going to Montreal, which will be required if you file aK-3 or CR-1...Vancouver doesn't process those, at least not that I'm aware of).

Keeping a list is a great idea!

What is G325A and attachment? What's the attachment? I guess I'll have to go back and check the form instructions. If anyone can shed light on this, though, that'd be great!

I would recommend requesting tax transcripts from the IRS...that's the best route to go, and it's pretty quick. You can call and request them, takes about a week unless they fax it. I believe the i-864 instructions state that if you have IRS Tax Transcripts, the W2 and 1099 aren't required anyway. All the best!

Thanks Kathryn41! This is good info! I'm crossing POE with my K-1 on Dec 3rd, and I know tax season will arrive upon on us sooner than we think. While I plan to hire a professional tax accountant to handle my CDN/US returns this Spring, this is very helpful information. I'll admit I've been a little panicked wondering about how it all works, and hoping we don't get slapped with some huge tax payment just because I moved and we got married.

Does anyone know if it's typical for Canadians to get at least somewhat of a rebate when they move? I know every situation is different, but how common is it to owe? My parents didn't find it to be too bad at all when they moved to Texas 2.5 years ago, and I've heard others say it typically balances out.

Perhaps I'm worrying for nothing?

My Fiance is adding me to his insurance policy, and Progressive said they can insure a driver with a Canadian license.

Texas is a bit more stringent when it comes to the requirements for the DL. They are one of the states that passed the REAL ID Act, so I think they tend to be tougher in terms of paperwork. IF they give me a license, it'd likely only be for the validity period of the I-94...I'd sooner keep my CDN license (which is valid til 2012) than surrender it and have something that expires in 90 days.

Any advise people?

I'm with you on this one LDRKristin! I move to Houston 3 weeks from today and it sounds like it's quite a complicated process to get a DL on a K-1. I get that they want to see an EAD, and we're getting married and filing for AOS right when I get there so hopefully I have my EAD within 90 days. Doe anyone know how long a K-1 Canadian can drive in TX with their Canadian license? And if we wait past the 90 days, there isn't a fine or anything for waiting too long, is there?

What a gong show!

I'm hoping someone can offer some helpful info..

I'm entering the US on my K-1 (moving to Houston) December 3rd. The I-94 they'll give me at the border will state that I'm allowed to be in the country for 90 days.

Problem is, to obtain a driver's license, the TX DMV needs to see that I'm allowed to be in the country legally for at least 6 months. Now I know Canadians are allowed to visit for a period of 6 months so i'm not sure if that works in my favor. I thought I remembered hearing that Canadians can drive with their Canadian license for 6 months - year, and I'm a careful driver so it's not so much that I'm worried about getting pulled over as I'm concerned that when I DO go to apply for my license, I'll be fined or something for not getting a TX license within 90 days, as required by new residents. It's a catch 22! Now, it's possible I'll receive my work permit within the 90 day period and that should be sufficient proof, but if I don't, what's the best way to proceed?

The DMV in Conroe suggested getting an international driving permit, but I looked into those and you have to have a US license in order to get one.

Can anyone offer advice? I'm a little lost and am just trying to follow the rules. Help!

Thanks for the info! I'm moving to Texas in 3 weeks on my K-1, and I'll keep this info handy so I remember all that I need to bring. Every state is different in their processes, and it can get especially tricky with a K-1 given that you don't have a green card right away, etc. It seems odd that they require new residents in TX to get a DL within 90 days of moving, yet you have to have the SSN and proof that you're allowed to stay for at least 6 months before they'll issue anything. I read somewhere that CDNs can drive in many states up to a year with their Canadian DL, but again, each state is different.

I've encountered that in times past myself...I have a feeling it might be an issue with their website. I've had odd things happen where it doesn't accept me sign in on multiple tries, then magically it works.

Make sure you are using CAPS when typing in the case number, and if memory serves me, no dashes.

I had no idea I was even eligible for EI once I get to the States. I'm leaving my job Nov 30th, moving Dec 3rd, and we're getting married a week or so after that. No idea how soon I should file, but from what I've read I should probably do so during the month of December.

Thanks for the info everyone! I guess this is something I'll have to read up on.

I had no idea I was even eligible for EI once I get to the States. I'm leaving my job Nov 30th, moving Dec 3rd, and we're getting married a week or so after that. No idea how soon I should file, but from what I've read I should probably do so during the month of December.

Thanks for the info everyone! I guess this is something I'll have to read up on.

Plattsburg...it's across Lake Champlain from Burlington, VT. I'm from AB but have been to the area several times. It's lovely!

If you're entering the US on your K-1 visa, then the land crossing will be the POE...they likely won't care where you're flying to once your visa has been processed at the border when you enter by car (so long as you don't leave the US - that's a no-no).

Now, if you're not activating your K-1 and want to enter as a tourist and are then taking a flight, you should be able to tell them so. Just answer honestly. People who live in or visit border states do it all the time. Just tell them you're entering as a tourist to catch a flight from Plattsburg because it was easier/cheaper that way, or whatever. If you're entering as a tourist, make sure you bring lots of proof of your ties to Canada (lease/title for home, letter from employer, etc).

It sounds like you're moving and activating your K-1 though. They may ask where you're moving to, but I don't think they'll care that you're catching a flight to get there. Just be honest and have all your paperwork if you. And if it is you're POE, you'll definitely want to make sure you give them all yours docs so that everything can be processed properly for your AOS.

I'm confused...I've never heard of such a thing before. I've heard a few people say that the visa is cancelled/expires upon entry because it is used (ie you have to get married. It's no longer valid because you cannot re-enter on it), but I've never heard of being denied entry or needing a waiver. They're supposed to check all that stuff out before issuing the visa.

If she is already in the US, entered as a visitor, and is now your spouse, why not just file the I-1485 application to adjust status to permanent resident? If you file the I-130, I'm pretty sure she'll have to go back to Canada for an interview, etc.

Did she enter as a K-1? Did she indicate it was her intent to come to the US to get married when she entered? If not, she should be able to just adjust status from visitor to LPR.

Mr Duval perhaps? Just guessing, since that description is similar to the Consular officer who interviewed me.

I'd say try the State dept in 2 or 3 days - 202-663-1225, I think. You'll have to listen to a couple of messages first, but it's fairly quick overall and their staff are typically quite friendly and helpful in my experience. I had more luck getting my case number with the State Dept than I did with NVC (NVC wouldn't release ANY info to me because they had entered my fiance's birthdate into their system incorrectly when they received it from USCIS, and we had to take the extra step of getting it corrected.)

If your friend's fiance is Canadian, as long as he/she doesn't overstay the 6 months they're allowed to stay. They shouldn't have to file for an extension unless the Canadian fiance wants to stay beyond that. He/she can remain in the US while the K-1 is being process, but they won't be able to work and will have to return to Canada to interview at either the Montreal or Vancouver Consulate. Montreal can be a lengthy wait for an interview, so hopefully they get to go through Vancouver..I think most K-1 applicants get sent to that particular Consulate for their interview.

There's always the option of hanging around Montreal for an extra day and picking up the visa. Once approved, you can usually pick them up the next business day after 2pm from what I understand. I know Vancouver will do this. You may want to drop the Consulate an e-mail to see what they say.

All the best!

E-mails are a good way to establish a bona fide relationship. That being said, plane tickets, boarding passes and photos of two of you together (make sure to include your names, the date taken, and perhaps some detail as to where you were/what you were doing, on the back) are the best way of establishing that you have met within the last 2 years.

Also, if you have phone records (landline or cell phone) showing calls between the two of you (highlight the fiance's number and maybe note that highlighted numbers are his/hers), that helps establish a genuine relationship as well.

Hey there,

Just wondering if any of my fellow canucks have any experience with getting a DL in Texas after they arrive? I check the TX DMV website, and it looks like they won't issue one unless you can prove your current immigration status is valid for at least 6 months. K-1's are good for 90 days so I'm thinking this might present a challenge, especially since it says I have 90 days to get a TX DL once I move. I kinda doubt I'll have my green card quite that fast. Any ideas??

Your help is greatly appreciated!

It may depend slightly on whether you're going through MTL or Vancouver, but for Vancouver you need to include:

Passport

Birth certificate (bring the original as well as a photocopy so that they'll give you your original back)

Police certificate (must be a Canada-wide police check)

2 U.S.-size passport photos (2" x 2" - the CDN passport photos differ in size slightly)

Previous marriage/divorce certificates/decrees, if any

Medical exam (you will have the results before your interview. If you're going through Vancouver and your medical is same-day, they'll schedule your appt for a Wed or Thurs and will allow you to return to the clinic in between)

DS-160

DS-230 Part I biographic data

DS-156K (note the above 3 forms can be downloaded from USCIS.gov)

I-134 Affidavit of Support (include supporting documents such as sponsor's employment confirmation letter, past 6 months paystubs, 3 years of tax transcripts if available (these can be ordered from the IRS on their website)

Fee: $350 USD. In Vancouver, this must be paid in US cash or the CDN equivalent

Of course, if you have children you will have to bring proof of custody, if you have a criminal record you'll have to bring proof, etc.

One other thing you may want to include is updated letters of intent from you and your fiance, similar to what you may have sent with the initial I-129F filing but with more current dates stating your continued support of the petition and intent to marry.

Here's a link to the Packet 3 on Vancouver's website. Montreal's MAY differ slightly, I don't know.

http://vancouver.usconsulate.gov/content/visas/pdfs/packet3k1k3.pdf

I wasn't all that nervous about the medical because I was too busy thinking about the interview .

If you're going through Woking Medical in Vancouver, don't worry about a thing. It's a very straightforward, easy process. You'll want to make sure you're waiting outside the clinic by about 5:45 am since we got there at 5:50 and there were already 4 people waiting (one woman showed up later with her mom and cut in line, which is how I wound up with ticket #7, but oh well..they end up seeing everyone anyway). They'll take you upstairs, tell you to take a number, and ask you to sit in the waiting room. Then Laura and another woman go over the forms and the process, and will then ask groups of numbers to go across the hall for a blood test. They call 3 or 4 people at a time for this, and it takes 5 min at most. Then it's back to the waiting room for x-rays. The x-ray clinic opened at 8am the day I was there. Again, it's a relatively quick process. Then you sit and wait some more. They call you into an exam room, and in my case we waited maybe 5 min for the doctor to arrive. He said hello, talked to us briefly while doing the exam (which took all of 5 min), then told me to get dressed and meet Laura at reception. She took my height and weight and did a quick eye exam, then took my payment and told us to either return at 1:30 or, if it's later than 1:30, the results are available at the x-ray clinic next door (note: they say "next door", but it's literally about 7 ft from Woking's reception desk to the other side of the wall where the x-ray clinic doors are).

You'll do fine..Try to arrive relatively early, make sure you have your 3 passport photos, appointment letter, vaccination records and payment in CDN funds, and it'll be smooth.

One thing to note: my Fiance and I stayed at the Century Plaza hotel, which is less than half a block away from the clinic. Some will tell you to stay close to the Consulate, but if you have your medical exam same day as your interview and have to be there early, it's much more convenient to stay near the clinic since it's the first stop and a quick walk, which you'll appreciate when you wake up at 5am.

A letter of employment is good proof, but I wouldn't necessarily say it's required proof. They're not looking to establish that you're employed - they're looking for proof that you have ties to Canada that will compel you to return. A lease is good proof, as are utility bills, bank statements, proof of enrollment in school, etc. If you were just entering with your girlfriend just to visit for a short period of time, it seems a bit odd that they would turn you away, but it can happen. If you're flying, definitely make sure you have a return ticket; I handed the CBP a printed copy of my itinerary when I passed through since it's one less question for then to ask (length of stay). When providing proof of ties, it should be strong ties that are not easily abandoned; a cell phone bill is not a strong enough tie unfortunately.

Going the K-1 visa route is one route. My Fiance and I did, and I got my visa in just under 4 months (which is quicker than is usually anticipated). Canadians can stay for a max of 6 months, and I believe they can apply for a 6 month extension. What the USCIS folks will want you to prove is that you're not trying to establish de facto residence in the US by going this route.

The other option is for you to enter the US as a visitor (with the intention of being a visitor, meaning you don't dissolve all ties to Canada, or at least don't appear to be doing so) and then apply to adjust your status to that of a permanent resident. B-2 visitors can do this...some would argue it's a slightly riskier route, but it can be done. Again, as long as Customs/USCIS believes that your intentions upon entering the US are to pursue the visa class you are requesting entry on, you'll still maintain legal status. If your intention upon entering is to visit your girlfriend, and while there you decide to marry and apply to become a permanent resident, then yes, you can do that. Without knowing all the ins and outs of your situation (ie whether you've been married before, have children, any criminal history, etc) I can't get too specific. But hopefully that's a start. If you're planning on going for a length of 3+ months, the CBP may want proof, such as a bank statement, that you have funds to support yourself while in the country.

I'd say make sure you're using Internet Explorer. I've found the USCIS site REALLY slow when I tried to access the forms or open PDFs. if that doesn't work, you can call USCIS at 1-800-375-5283 to order them.