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  #1  
Old 17th May 2005, 02:05 PM
chaimdan chaimdan is offline
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Join Date: May 2005
Posts: 82
Canadian Engaged to an American
Hi-

I've been trying to research the following for the past while without much luck, anyone who can help would be greatly appreciated.

I am a Canadian born citizen and I am engaged to an American born USC. Our wedding is scheduled to take place in the US in exactly a month. I am currently in the US visiting without restrictions (no time limit I guess)...

After we're married we want to live in the US for atleast a year (afterwhich there is a chance we would live abroad). I've read about the fiancee visa but I am not sure if this is the best path for me to take, as A. Time constraints only a month till the wedding, B. I am currently in the US and I understand I need to apply for it in a US Consulate in Canada...

IS there any other way to go about this so that I can legally live in the US after we're married? If a Fiancee Visa is needed, and I later want to apply for a Green card am I restricted from leaving the US at all?

Any help or direction is greatly appreciated... Thanks
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  #2  
Old 17th May 2005, 02:09 PM
TheRealCanadian TheRealCanadian is offline
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Join Date: Jul 2002
Location: Atlanta, GA
Posts: 9,736
Quote:
Originally Posted by chaimdan
I am currently in the US visiting without restrictions (no time limit I guess)...
No. You got six months. Do you have any proof you were legally admitted to the US?

Quote:
I've read about the fiancee visa but I am not sure if this is the best path for me to take, as A.
The K-1 is only useful to get you TO the US. Since you're already here, you don't need it.

Quote:
IS there any other way to go about this so that I can legally live in the US after we're married? If a Fiancee Visa is needed, and I later want to apply for a Green card am I restricted from leaving the US at all?
You'll need to file an I-130, I-485, I-765 and I-131 after you are married, and you cannot leave the US until your Advance Parole is approved.
__________________
------------------------------------
IMPORTANT NOTE: I am a Volunteer Moderator - one of you. I am not a lawyer. So act accordingly.

PD: 9/12/2000 (EB3/VA/RIR/Canada)
I-140 RD: 12/22/2000
I-140 AD: 7/16/2001
RD: 8/28/2001
ND: 10/26/2001
FP1: 1/31/2002
RFE: 8/2/2002
RFE RD: 8/28/2002
TD: 10/22/2002
FP2: 6/19/2004
ID: 07/15/2004
AD: 07/15/2004
CO: 08/18/2004
CR: 08/23/2004
N-400 RD: 05/21/2009
FP: 06/13/2009
CFR: 08/05/2009
IL: 08/21/09
ID: 10/7/09
USC: 10/8/09
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  #3  
Old 17th May 2005, 03:41 PM
chaimdan chaimdan is offline
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Join Date: May 2005
Posts: 82
Hi and Thanks a lot for your reply, I appreciate it.

I have proof I entered about a month ago from overseas.

Just a couple questions. How long does it normally take for my Advance Parole to be approved?

Am I legally allowed to be living here after my wedding? Will I have problems crossing the border into Canada? (I am having a small celebration in Toronto a few days after my wedding, will I have problems crossing the border?)

The forms you noted which I need to fill out are they in order to apply for a green card?

Thanks again...
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  #4  
Old 17th May 2005, 03:51 PM
TheRealCanadian TheRealCanadian is offline
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Join Date: Jul 2002
Location: Atlanta, GA
Posts: 9,736
Quote:
Originally Posted by chaimdan
I have proof I entered about a month ago from overseas.
Save it. You'll need to file it with your applications, probably along with an affadavit.

Quote:
Just a couple questions. How long does it normally take for my Advance Parole to be approved?
A few weeks.

Quote:
Am I legally allowed to be living here after my wedding?
Yes. But get the package filed as soon as you can.

Quote:
Will I have problems crossing the border into Canada? (I am having a small celebration in Toronto a few days after my wedding, will I have problems crossing the border?)
If the immigration agent discovers you are married to a US citizen, you will most likely be denied entry.

Quote:
The forms you noted which I need to fill out are they in order to apply for a green card?
Yes.
__________________
------------------------------------
IMPORTANT NOTE: I am a Volunteer Moderator - one of you. I am not a lawyer. So act accordingly.

PD: 9/12/2000 (EB3/VA/RIR/Canada)
I-140 RD: 12/22/2000
I-140 AD: 7/16/2001
RD: 8/28/2001
ND: 10/26/2001
FP1: 1/31/2002
RFE: 8/2/2002
RFE RD: 8/28/2002
TD: 10/22/2002
FP2: 6/19/2004
ID: 07/15/2004
AD: 07/15/2004
CO: 08/18/2004
CR: 08/23/2004
N-400 RD: 05/21/2009
FP: 06/13/2009
CFR: 08/05/2009
IL: 08/21/09
ID: 10/7/09
USC: 10/8/09
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  #5  
Old 17th May 2005, 04:54 PM
999 999 is offline
Registered User
  
Join Date: Feb 2005
Posts: 38
Hi, I am a Canadian citizen too, and I was in a very similar situation, you can read more here:

http://boards.immigrationportal.com/...d.php?t=175262
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