Canadian citizen just beginning the whole process... help!

M

mtl85

Registered Users (C)
Hi, I was hoping someone on here could help me figure all this out!

I am a Canadian citizen, and I am planning on marrying a US citizen, my high school boyfriend (I went to high school in the US). I am currently in my final year of university in Montreal. Our plan is to get legally married in the US, but wait a few years til we can afford the ceremony and all its bells and whistles.

My question is, if we were to get married just over the border (in new york state), could we then proceed to file for my adjustment to permanant residency status (the I-485 I believe)? I know that we would also need to file the I-130, but can we do both concurrently or does the I-130 have to come first? The catch is I would need to stay in canada for a few months to finish my degree during this process. Would I need advance parole (I-131)?

Also, What about getting an EAD (I-765)? Can I also begin that process immediately after we file the I-130? After I graduate from university, my bachelors degree is not one that is on the TN visa list, so I can't use that route. The point is, I would like to be able to move to the US right after I graduate and start working as soon as I can.

Are there any other forms I would need to fill out other than the the I-130, I-131, I-485 & I-765? From what I can tell, I may also need:

G-325A: Biographical information form
I-864: Affidavit of support
I-693: Medical examination

If I am on the totally wrong track, or if you can help put me on a faster one, it would be greatly appreciated! Thanks!
 
so what kind of time frame am I looking at with all this? I read somewhere that an EAD takes about 90 days to process... so would that mean that when I file the I-130, I-485, the I-765, etc all together, would it be possible to have my employment authorization about 90 days later?
 
If your intention is to get married in the US, the first step would be to apply for a K-1.

Once you are married, you can file forms I-130 and I-485 concurrently, as well as I-765 and I-131 if you choose to. This must be done stateside.
If you want to return to Canada, you will have to wait between 60-90 days from your date of filing for your AP to be processed - perhaps longer if your case experiences delays due to RFE's.

If I were you, I would consider going the consular processing route.
 
I read that the waiting time is much longer if you file at the consulate... is this true? If I did go the consular route, would I have to remain in Canada from the date of filing until my advance parole is granted (up to 60 to 90 days?) So either way I'd have to either stay in the US or stay in Canada until the AP goes through, right?
 
mtl85 said:
If I did go the consular route, would I have to remain in Canada from the date of filing until my advance parole is granted (up to 60 to 90 days?) So either way I'd have to either stay in the US or stay in Canada until the AP goes through, right?
Click to expand...

You don't get AP for Consular Processing cases, just for I-485 cases. And you need to stay in the US until it is granted.

If your goal is to move to the US after graduation, have your fiance file for a K-1 visa around six months before you want to move. You should get the visa appointment in plenty of time; then once you graduate move to the US and get married. Once you're married, file the I-130/485/131/765. You'll need to stay in the US until the AP is approved.
 
so do I absolutely need a K-1 to be able to marry him in the US? I didn't think it was needed.
 
mtl85 said:
so do I absolutely need a K-1 to be able to marry him in the US? I didn't think it was needed.
Click to expand...

No, it's not. But it lets you cross the border quickly and legally, allows you to apply for an EAD even before the I-485 is filed, and IIRC allows you to skip the I-130 filing.
 
mtl85 said:
so do I absolutely need a K-1 to be able to marry him in the US? I didn't think it was needed.
Click to expand...
You need the K-1 if you intend to stay in the USA after you marry your husband. Your choices are either file for the K-1, get married and then file AOS and stay in the USA while your green card processes, or get married in the USA, go back to Canada and then file for K-3 visa when you want to move to the USA permenantly.

One of the biggest mistakes a lot of Canadians make is thinking that because they are used to being able to freely go from Canada to the USA, that they think they don't need visas for immigration. The fact is that if you plan to move to the USA permenantly you need an immigration visa. Doing anything else IMHO carries with it an unacceptable risk of being turned down for your Green Card.
 
I can't offer any advice, but as an ex-Montrealer who is now a US citizen I want to say: GOOD LUCK!
 
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