US citizen married to Canadian Citizen in US

A

avio

Registered Users (C)
Hi me and my wife were married last year in the US and this year in court after about 3-4 months of me entering the US. I being a Canadian citizen do not require a visa to enter the US and can legally stay in the US for up to 6 months, my girlfriend and I decided to get married after I was staying with her for a while and we were married, then we were married in Court again for certificate reasons.

Now my questions are:

1. Which forms am I to fill and file for my permanent residency in the US? (i-130, i-485 etc).
2. I'm currently residing with her in the US. I talked to a lawyer and she said it's not a problem as long as I'm filing for my case soon.
3. Can I visit Canada once I've filed for my petition and return back to the US?


I just want to be able to travel freely to visit my family in Canada and then stay in US with my wife. I'm completely lost on how we can go about this.

I read that once you intend to live in the US, the border patrol denies you entry back into the US if you are in Canada.
 
So the first marriage last year was only ceremonial, and not legally registered?

For #1, see http://forums.immigration.com/showthread.php?288201-How-to-Apply-for-a-Green-Card-Do-it-Yourself

For #3, if you choose the I-485 route you'll need to apply for Advance Parole (takes 1-3 months) and wait inside the US until it is approved, otherwise your green card process and ability to reenter will be jeopardized if you leave the US before the green card is approved. That's assuming you don't have an H or L visa.
 
So the first marriage last year was only ceremonial, and not legally registered?
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I had obtained a marriage license for the ceremonial marriage, but there was a discrepancy because of the different counties the marriage license was issued in and where the marriage ceremony took place which my wife and I were not aware of. So the first marriage license request was sent in for a marriage certificate was denied due to the ceremony being done in a different county so we went and got court marriage done with a new marriage license and certificate.

For #3, if you choose the I-485 route you'll need to apply for Advance Parole (takes 1-3 months) and wait inside the US until it is approved, otherwise your green card process and ability to reenter will be jeopardized if you leave the US before the green card is approved. That's assuming you don't have an H or L visa.
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I do not have a H or L visa as Canadian citizens are not required to have a visa to enter into the U.S. I crossed the border by Car.

Can someone point me to a guide for canadian citizens specifically, which forms do I need to submit exactly altogether? I need to travel to canada and reenter the US to be back with my wife.
 
avio said:
I do not have a H or L visa as Canadian citizens are not required to have a visa to enter into the U.S. I crossed the border by Car.
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He's asking if you are working in the US in H or L status. I'm going to assume no, based on your answer.

Can someone point me to a guide for canadian citizens specifically, which forms do I need to submit exactly altogether? I need to travel to canada and reenter the US to be back with my wife.
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The process is the same; you'll file an I-130, I-485, I-131 and I-765. Do NOT leave the US until your I-131 Advance Parole is in hand.
 
What about all these other forms?

✓Form I-130, “Petition for Alien Relative”: the form that the American citizen files to initiate the green card process.
✓Form I-131, “Application for Travel Document”: a request to the USCIS to allow the alien (the spouse of the American citizen) to travel outside the U.S. while the application in pending. Also known as “Advance Parole”.
✓Form I-693, “Report of Medical Examination and Vaccination Record”: a form that the alien submits to a civil surgeon (a doctor who has been designated by the United States Citizenship and Immigration Services).
✓Form I-864 or I-864EZ, “Affidavit of Support”: a form that the American citizen files to show that he or she makes enough money to support their spouse.
-In case that the spouse has been working in the U.S. for more than 10 years form I-864W can be used instead.
-In case that a household member is a joint sponsor, because primary sponsor lacks financial resources, form I-864A is needed too.
✓Form I-765, “Application for Employment Authorization”: if the alien spouse does not have a work visa (for example an H1B visa), this form can be used to request employment authorization card.
✓Form G-325, “Biographic Information”: both the American citizen and the alien spouse need to fill the biographic information form as part of the application.
✓Form I-485, “Application to Register Permanent Residence or Adjust Status”: the form that the alien spouse (the spouse of the American citizen) files to request a status change to Permanent Residence (green card).
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Which ones apply to me? Would it be easier and faster if I got an attorney to do this? I do not need employment authorization at the moment.

Also can I submit the I-131 online or should I submit it all at once? I also read that I need to attach a cover letter with each form and money order/check? Can I get a Money order from Walmart paid by visa or something and submit that? How would I keep a track of that though?
 
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avio said:
I do not have a H or L visa as Canadian citizens are not required to have a visa to enter into the U.S. I crossed the border by Car.
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Once you file the I-485, if you don't have Advance Parole you will need to have H or L visa or status to exit and reenter the US while the I-485 is pending, without damaging the I-485 process. Since you don't have such a visa or status, you will have to wait for Advance Parole, which means you will be essentially stuck inside the US for 1 to 3 months after you file the I-485.
 
avio said:
Also can I submit the I-131 online or should I submit it all at once?
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The I-131 must either be submitted with the I-485 application form, or later on you can submit it with the I-485 receipt.

I also read that I need to attach a cover letter with each form and money order/check?
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You don't need cover letters unless you have an unusual situation.

Can I get a Money order from Walmart paid by visa or something and submit that? How would I keep a track of that though?
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Better to use a check so you can trace it more easily.
 
avio said:
Which ones apply to me?
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I-131 is optional if you're not going to travel outside the US before the green card is approved.
I-765 is optional if you're not going to work. However, without it, you may be unable to obtain a US driver's license, depending on the particular state's rules. And although you'll probably be able to drive with a Canadian license, your insurance rates are likely to be higher.

The cost of the I-131 and I-765 are built into the I-485 fee, so it's better to apply for them just in case.

The rest are mandatory.
Would it be easier and faster if I got an attorney to do this?
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Probably not, given that your situation is not particularly unusual. If you let the attorney fill out all the paperwork without you understanding the forms yourself, that can cause errors due to the disconnect of you not understanding it and the attorney not knowing your personal situation inside and out.

So if you're going to build an understanding of the paperwork anyway, just do it yourself. Download the forms and instructions and read each one and you'll figure it out 95% by yourself. For the other 5%, ask here.

If you use an attorney, just arrange a one-time consultation to review the paperwork after you've already completed everything yourself, then you can make corrections as needed and submit it all yourself.
 
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The thing is I need to travel to Canada for family emergency. Would it wise to file for my paper work before going to Canada or after coming back from Canada? What would I tell them at the border when returning to the U.S.? My sister will be under going Ulcerative Colitis Surgery and I need to be with her for support and prayers.
 
If you choose the I-485 route, you're basically stuck in the US for 1-3 months until you get the Advance Parole.

So if being able to travel soon for family emergencies is a priority, it's probably better if you choose consular processing instead of the I-485 route. For now your USC spouse would only have to file the I-130 (with proof of citizenship, but without the other stack of forms mentioned above in this thread), indicating the desired consulate in Canada. Then once USCIS receives the I-130, go back to Canada; there will be no Advance Parole needed. Then after the I-130 is approved you would complete some other paperwork and do the medical and GC interview in Canada.

Being Canadian, and the fact that you chose consular processing and left the US when the I-130 was pending, you shouldn't have a problem reentering the US. This is assuming you haven't overstayed your 6-month visit limit. They don't have a problem with you wanting to live in the US if you're obtaining the green card via consular processing. Their problem is with entering as a visitor and filing for Adjustment of Status. So if hassled at the border you'll need to emphasize that you chose consular processing instead of Adjustment of Status and you will return to Canada for the interview.

Another option is to file the I-485 and attempt to get expedited Advance Parole. But there is no guarantee of them expediting it.
 
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Do I have to get the medical/physical examination done before I submit the application? Or can I get the medical examination done after submitting the applications? How does the consular processing work and how long does it take? Is it a easier cheaper option?
 
The medical would be done in Canada after the I-130 is approved. Expect the consular processing to take 4-6 months (maybe more maybe less depending on the specific consulate).

Is it a easier cheaper option?
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I think CP is slightly cheaper overall (others who have added up all the fees can correct me if I'm wrong). But easier and cheaper is not the main the consideration. You have a need to travel back to Canada without waiting 1-3 months for Advance Parole. And even before you file the Advance Parole (along with the I-485), you have to do the medical which itself is 2-4 weeks overall (the lead time for the appointment, plus the two visits, plus waiting for the results to be mailed to you). Consular processing would allow you to leave the US without having to wait for the medical and Advance Parole.
 
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Consular processing would allow you to leave the US without having to wait for the medical and Advance Parole.
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Will I be able to return to the US if I choose the Consular processing route? Since Canadians aren't required a Visa to enter the US.
 
avio said:
Will I be able to return to the US if I choose the Consular processing route? Since Canadians aren't required a Visa to enter the US.
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Yes, you can return to the US with just your Canadian passport, no visa or Advance Parole needed. Just take a couple of steps to protect yourself in case you are hassled:

1. If you're flying into the US anytime before the consular interview, make sure it is a return ticket that ends up in Canada.
2. When the I-130 is sent, stay in the US until USCIS receives it, so on your next visit to the US you can point out that you were previously in the US when the I-130 was filed but you left the US anyway. And mention that consular processing was specified, you're not doing adjustment of status.
 
You should be able to. Just be prepared for the worst case. I visited the US while my K-1 was in process and even a trip after my K-1 visa was issued without invoking it.

avio said:
Will I be able to return to the US if I choose the Consular processing route? Since Canadians aren't required a Visa to enter the US.
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1. If you're flying into the US anytime before the consular interview, make sure it is a return ticket that ends up in Canada.
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I will be traveling by car, so no tickets.

How long does the consular processing take compared to the adjustment of status?
 
Are these all the forms my wife and I need to fill out? There is a repeat of the G-325A form, do we need to fill out two of these forms for each of us?

Step 1:
1. The U.S. citizen completes and signs the following USCIS Forms:
• Form I-130 - Petition for Alien Relative
• Form G-325A - Biographic Information
• Form I-864 - Affidavit of Support
2. The alien spouse Completes and Signs the following USCIS forms:
• Form I-485 - Application to Register Permanent Residence or Adjust Status
• Form I-765 - Application for Employment Authorization
• Form G-325A - Biographic Information
• Form I-131 - Application for Travel Document
• Form I-693 - Medical Examinations of Aliens Seeking Adjustment of Status
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Any idea how many hours it would take to fill these out? Lol - also should I put all of these forms in the same envelop and drop them off at the USCIS office? Can I pay them in person using a Visa or Master Card at the local office in the US?
 
  1. Also I see I need to get the affidavit of support notarized, do I have to pay for this? Who can do this for us?
  2. My wife only has income tax return for the past 2 years, is that going to be a problem?
  3. It says I need to submit 8 passport photos of myself and 4 of my wife. Is that correct?
  4. Do I need to submit a copy of my birth certificate and hers or will passport copies do just fine?
  5. Altogether, which forms will I be submitting fees for? It says all forms have a fee but I read the work authorization and a few others are paid within the I-485 fee?
  6. What letter is required from my wife's employer? In regards to what? And what bank letter is required?
 
Anyone able to answer my questions?

1. Could I get the affidavit of support notarized at my medical examiner's office when I go for a medical exam?

2. Two sets of Form G-325A need to be filled out, one by me and one by my wife? Is this correct?

Thank you.
 
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