Canadian Married a US citizen without Fiance Visa -- Now what?

[cdnusagurl]

Here's the situation.

I am a Canadian Resident and I came to the US and married my husband who is a US citizen. This happened in January 05 and I have been in the US ever since. We did NOT get married on a Fiance Visa. We have not filled any forms at all in regards to immigration.

Is the first step filing the I-485 (for me) and the I-130 (for him)? If so, what and when should we expect from US Customs/Immigration? Also, what will the next step for us be?

How can I travel back and forth between the US and Canada without worry of being denied re-entry into the US? There is a family wedding back home and I am scared that if I travel back to Canada and try coming back after the wedding, that they won't let me back in the US. Is this correct? Will this happen?

Any information would be greatly appreciated. Thank you.

 

[hadron]

Did you maintain lawful status during your stay here (do you have a valid unexpired visa the entire stay). If yes, it is pretty straightforward, if no you should not leave the country at this time and your case might be a lot more complicated. In that case you should talk to an immigration attorney before you leave the country, you could indeed have difficulties on re-entry, married or not.

There are two general ways for you to get your permanent residency:

If you want to stay in the US for the process:

- your husband has to file form I130 (petition for alien relative) marked for 'adjustment of status' on your behalf (with the local USCIS office)
- you have to file form I485 (application to adjust status) on your
- you also might want to file form I765 (employment permit) and form I131 (travel permit) at the same time.

The goverment will process the entire thing in a time from anywhere between 3 months and 5 years. Initially you will get a 'conditional' permanent resident card. After 2 years you and your hubby have to go to an interview and if you convince them that you are in a bona-fide marriage, you get your permanent residency (without condition).

If you don't mind traveling back over the border a couple of times:

- your husband has to file form I130 marked for 'consular processing' (at the US consulate in cdn)
- your husband files for a K3 spouse visa at the US consulate in cdn
- you re-enter the US on the K3 visa
- you apply for an employment permit
- you wait until the I130 is approved and sent to the consulate
- you go to canada to attend an interview at the consulate
- you get an 'immigrant visa' (IR-1 or CR-1)
- you re-enter the US on the IR or CR visa
- at the border, the immigration officer orders you a conditional (if married less than 2 years) or an unconditional (if married more than 2 years) green card.
- if you have the conditional card, you have to go for an interview at the local USCIS office after 2 years.

I don't know the waitingtimes for interviews at the consulates in canada. But I would think that method #2 is the faster one. The adjustment of status process has many frustrating steps as the goverment views you with some degree of suspicion for trying to change your status while in the country.

Check out the information on the different visas on

http://travel.state.gov

and information on the AOS process on the USCIS website

www.uscis.gov

There are also 'howtos' on the web and books in bookstores on how to file the forms. You can hire an attorney to do this, but it will cost you.