Need some information for Canadian American Marriage

[JustinBrittany]

Me and my GF have been dateing for 2 1/2 years now and we are engauged. She lives in sault ste marie ON, and i live in Virginia. SHe want's to move here in the U.S and live and work.

What's the first step to take from here on?

And my main question is. Can she work in the U.S while all the paper work is being filed. And if so how long will it be before she can get a temp work permit after we start the first step. Any information whould be highly apreaciated. I have wanted this for a long time with her and this is one of the first fourms i have found that is bassed on immagration.


Thank's in advance.

Justin

[PraetorianXI]

You need to get a K1 visa for her, google it.

[area51]

Another thing you should consider is to decide where you want to have the wedding.
If she wants a wedding in Canada, then it will take a while for her to get to the USA, unless you do a K1 visa, and have a small wedding in the USA, then once she has it, fly over to Canada and have the main wedding.
If she doesn't have family or doesn't care one way or another than how you handle it may be different.

[PraetorianXI]

Originally Posted by area51

Another thing you should consider is to decide where you want to have the wedding.
If she wants a wedding in Canada, then it will take a while for her to get to the USA, unless you do a K1 visa, and have a small wedding in the USA, then once she has it, fly over to Canada and have the main wedding.
If she doesn't have family or doesn't care one way or another than how you handle it may be different.

Make sure you apply for I-131 (advance parole) before you go back to Canada.

[JustinBrittany]

We were going to just get married in a church in the US. we dont want nothing big at this point. We will do that later. We jsut want to be able to live together an her able to work in U.S while this immagration paper work is being done... Can we get married without any paper work? If so what's the next step in getting temp work permit or temp resident card. Sorry bout all the questions but nobody has ever giving me any answer's.


All your help is highly apreciated

[Godislove]

You do not need any paper work to get married, you need your ID and your Fiancee's ID or passport, that is if you have a court wedding which i think you should have, then with your marriage license you begin to file the paper work, Which is i 485, application to register permanent resident, i 785- application for work permit, I-131 advanced parole, which is the travel document, first off all get married and everything will fall into place. Best wishes.

[Triple Citizen]

If she enters the US on a K-1 visa, she will be able to work from day 1.

Originally Posted by JustinBrittany

Can she work in the U.S while all the paper work is being filed. And if so how long will it be before she can get a temp work permit after we start the first step.

[PraetorianXI]

Originally Posted by Triple Citizen

If she enters the US on a K-1 visa, she will be able to work from day 1.

I thought you have to apply for EAD after entering on a K-1 (which means you will have to wait 60-90 days to receive the EAD card).

Are you saying she gets an I-94 with "authorized to work" at the POE?

[Triple Citizen]

An I-94 stating K-1 status for the holder is work authorized for its duration (90 days) though it does not state that fact. The work authorization is buried somewhere in the regulations. So if an employer is willing to hire a K-1 status holder, that person can legally work as far as USCIS is concerned.

Originally Posted by PraetorianXI

I thought you have to apply for EAD after entering on a K-1 (which means you will have to wait 60-90 days to receive the EAD card).

Are you saying she gets an I-94 with "authorized to work" at the POE?

[JustinBrittany]

Originally Posted by Godislove

You do not need any paper work to get married, you need your ID and your Fiancee's ID or passport, that is if you have a court wedding which i think you should have, then with your marriage license you begin to file the paper work, Which is i 485, application to register permanent resident, i 785- application for work permit, I-131 advanced parole, which is the travel document, first off all get married and everything will fall into place. Best wishes.

Ok after we get married what are the Fee's for these permits. I know its gona cost allot in the end but what number am i looking at to get things started after were married? And the temp permit, Bout how long after we file for that can she start working? Cause i hear 1 person saying the day after then other person is saying has to be filed and approved first. Just trying to gather as much info as possible.

Thanks so much everyone so far for the information

[PraetorianXI]

Originally Posted by Triple Citizen

An I-94 stating K-1 status for the holder is work authorized for its duration (90 days) though it does not state that fact. The work authorization is buried somewhere in the regulations. So if an employer is willing to hire a K-1 status holder, that person can legally work as far as USCIS is concerned.

Can you apply for a SSN with a K-1's I-94?

[JustinBrittany]

Ok after we get married what are the Fee's for these permits. I know its gona cost allot in the end but what number am i looking at to get things started after were married? And the temp permit, Bout how long after we file for that can she start working? Cause i hear 1 person saying the day after then other person is saying has to be filed and approved first. Just trying to gather as much info as possible.

Thanks so much everyone so far for the information

[area51]

you could look it up yourself if you weren't lazy

www.uscis.gov
immigration forms link

Petition for Alien Fiance(e) I-129F F1 visa $455
Petition for Alien Relative I-130 $355
Application To Register Permanent Residence or Adjust Status I-485 $1010


Plan on some other misc. expenses involved in the paperwork, pictures, trips to get fingerprints etc.
costs involved in getting married, getting names changed,
moving expenses, etc.

[McMahon]

Originally Posted by PraetorianXI

I thought you have to apply for EAD after entering on a K-1 (which means you will have to wait 60-90 days to receive the EAD card).

Are you saying she gets an I-94 with "authorized to work" at the POE?

I entered on a K-1 visa on 09/28/1998 and filed for EAD immediately (I naively believed I would easily find a job).

We got married on 12/19/1998. I filed the I-485 + I-765 paperwork on 12/24/1998.

Sometime around February 199, I received an I-797 for the K-1 based EAD: Application denied because more than 90 days had elapsed since I entered in the USA.

To summarize: from my personal experience, filing the EAD while on a K-1 visa was a waste of money because the INS took longer to decide on the case than the K-1 was valid for.
----------------------
Detroit DO - NSC
09/28/98 Entered on K-1 (Fiance) Visa
12/19/98 Married with US Citizen (still happily married 9 years after )
12/24/98 Filed I-485, I-130, I-765 in OKC (NSC)
01/03/99 Moved to Texas (TSC)
05/xx/00 Moved to Eastern PA (VSC)
11/xx/00 Moved to Central NJ (VSC)
03/19/01 LPR
03/xx/03 Received GC dated 03/19/2001
03/20/07 N-400 Priority Date
04/12/07 FP done
09/19/07 Interview passed
10/26/07 Naturalized Citizen

[JustinBrittany]

So K-1 visa i should file for right before we get married? Or next time she comes over the boarder to stay here again.

[PraetorianXI]

Originally Posted by JustinBrittany

So K-1 visa i should file for right before we get married? Or next time she comes over the boarder to stay here again.

Pay attention.

K-1 is a fiancee visa, when you get engaged, file for it. Then your fiancee will be able to come to the USA with the intent on marrying you and apply for Adjustment of Status. You need to apply for this visa at least 6 months before the wedding.

[austriacus]

You file for K-1 for someone to be able to enter the country and be able to declare immigrant intent here and adjust status. She can't (shouldn't) "come over the border" and declare immigrant intent.

[JustinBrittany]

Well I have been engauged for year and half already. Due to certain family issue's she has had to go back home here and there. So in my case, it would be wise to file for the k-1 visa now to avoid longer wait time in the furture.

[JustinBrittany]

I heard there is a 100 question quiz you have to take at the end of the immagration process. Is this true?

[PraetorianXI]

Well... if the "End" of the immigration process is Naturalization (Obtaining US Citizenship)... then yes, the alien who applies for that will have to take a US History and Civics test.

But for now, there is no need to worry about that.

First file for a K1, 6-8 months will pass.

Then get married in the US, within 90 days.

Then file for AOS, 4-8 months will pass.

Once the GC is obtained, live as a conditional resident for 2 years.

Once the conditions are removed (I-751), file for citizenship...

So, as you see, it is a long way to go...

[JustinBrittany]

Ok after I file for K-1 visa and we get married. I understand that i can file for a SSN after 2 week's after she enter's the USA. Now my question is. When I file for AOS say it takes 8 months. What do i do once the k-1 expires? If i havent goten the AOS back.

[MoeCurly]

To summarize: from my personal experience, filing the EAD while on a K-1 visa was a waste of money because the INS took longer to decide on the case than the K-1 was valid for.


Good job McMahon xi is an i.d.i.o.t. who comes with ridiculous and crazy advices.

[JustinBrittany]

So i should just file for AOS and wait till K-1 expires? Can she still work after the 90 days without a penality?

[Triple Citizen]

On a K-1, she can find and begin working. It is the responsibility of the employer (if he/she wants to remain on the right side of the law) to re-check that she has some sort of work authorization after her K-1 based I-94 expires.
I found my first job in the US when I had my EAD. It was expiring 5 months after I joined. When I handed in my I-9, I mentioned when my EAD expires. I got my GC before that happened. However my employer did not check back with me past my EAD expiry date.

Originally Posted by JustinBrittany

So i should just file for AOS and wait till K-1 expires? Can she still work after the 90 days without a penality?

[austriacus]

Justin, you're aware your gf may have difficulty to visit you in the US after you file the K-1 up until the K-1 is approved, right?

[JustinBrittany]

Originally Posted by austriacus

Justin, you're aware your gf may have difficulty to visit you in the US after you file the K-1 up until the K-1 is approved, right?

Yes i heard if the Custom's Officer find's out she is pending for K-1 they can easly tell her to go back home. But if not noticed that nothing is against the law there. Correct me if im wrong please