Canadian citizen married to a US citizen -- Application Process

Status
Not open for further replies.
S

sandy44

Registered Users (C)
I am a naturalized Canadian citizen and got married to my wife last december in India. We also got married in a court in San Diego, CA.

We are now in the process of applying my papers and are looking for a step by step guide to help us. I think that I have downloaded all the necessary forms, but I believe that she has to first submit the I-130 and the G-325A forms.

Please correct me if I am wrong. Secondly when do I apply on my side in Canada ?? Any leads would be very helpful !!
 
is she in the states with you legally, if yes, you can apply i-130,i-485,1-765,I-131 all at same time, call the adjustment of status process.
 
js360 said:
is she in the states with you legally, if yes, you can apply i-130,i-485,1-765,I-131 all at same time, call the adjustment of status process.
Click to expand...

Well I am back in Canada after we got married in a court in San Diego. She is the US and I am in Canada.

As I am a Canadian citizen, I did not get any visa to go and marry her !! Is this a problem.
 
Hi Sandy44! Welcome to the forums. I am also a Canadian married to a USC. My process will be a little different than yours because I was already in the US when we filed my paperwork.

Good luck with your process! You'll find this forum a wealth of information.
 
PraetorianXI said:
No, it is not.

You will need to go the Consular Processing route, to obtain an Immigrant Visa, or a K-3 visa.
Click to expand...

Thanks for your help 'PraetorianXI'.

Why would I need a K-3 visa? I am a Canadian citizen and do not have restriction entering the US.

Have a few more questions:

What all forms does my wife in the US needs to fill up to get this process started?

I have to stay in Canada to wrap up school and would be traveling frequently to the US to see my wife. Anything I should take care of while crossing borders ?

Also, I read somewhere that a proof of an on-going marriage needs to be submitted along with the I-130 application. We do not have a joint bank account or something like that as of now. No kids too ... What would be a good proof apart from these things ?

Please pardon my n00b questions !! Am pretty new to all this ;-)
 
sandy44 said:
Thanks for your help 'PraetorianXI'.

Why would I need a K-3 visa? I am a Canadian citizen and do not have restriction entering the US.
Click to expand...

The US doesn't want you entering the states with the intent on living there. So when you cross the border and say you're there to visit your wife, they may become suspicious that you're going to abandon ties with Canada.

Again, I was not in your situation with my process. I can't answer your other questions, but there are people here who can.
 
Last edited by a moderator:
these answers are all wrong, this is exactly what me and my wife did, we got married in the states, she went back to canada, came to visit me in the states, waited a while til i became USC, as a canadian you are automatically granted "B" status when you enter the US valid for 6 months, so you enter the US, with no intent to stay, wait about 60 days, file the whole adjustment of status package together, the downside, you will not be able to work in the US, or go back to canada until you have AP, EAD or green card in hand.




edit..........just saw that you have to stay in canada, if thats the case, then yes you will have to go consular processing route and once you apply you will most likely be denied entry into the US whenever you want to go see your wife. i would wait til your done school, and if you guys can survive on one income for a while as me and my wife have done then enter the US and AOS. other wise be prepared to not see your wife unless she comes to see you
 
Last edited by a moderator:
js360 said:
these answers are all wrong, this is exactly what me and my wife did, we got married in the states, she went back to canada, came to visit me in the states, waited a while til i became USC, as a canadian you are automatically granted "B" status when you enter the US valid for 6 months, so you enter the US, with no intent to stay, wait about 60 days, file the whole adjustment of status package together, the downside, you will not be able to work in the US, or go back to canada until you have AP, EAD or green card in hand.




edit..........just saw that you have to stay in canada, if thats the case, then yes you will have to go consular processing route and once you apply you will most likely be denied entry into the US whenever you want to go see your wife. i would wait til your done school, and if you guys can survive on one income for a while as me and my wife have done then enter the US and AOS. other wise be prepared to not see your wife unless she comes to see you
Click to expand...

I'm glad you posted an edit. As a Canadian, we are granted entrance into the states as a visitor. A visitor means you do not intend to stay.
 
From travel.state.gov:

Currently, Canadian citizens need proof of both their identity and citizenship in order to apply for entry into the U.S. To learn more about document requirements to enter the U.S., see Western Hemisphere Travel Initiative (WHTI). For complete details about the new travel requirements under WHTI, review the Customs and Border Protection website.

Citizens of Canada traveling to the U.S. do not require a nonimmigrant visa, except for the purposes as described below.

* Foreign government officials (A), officials and employees of international organizations (G) and NATO officials, representatives and employees assigned to the U.S. as needed to facilitate their travel
* Treaty traders (E-1)
* Treaty investors (E-2)
* Fiance/es (K-1)
* Children of fiancées (K-2)
* U.S. citizen's foreign citizen spouse, who is traveling to the U.S. to complete the process of immigration (K-3).
* Children of a foreign citizen spouse (K-4) described above
* Spouses of lawful permanent residents (V-1) traveling to the U.S. to reside here while they wait for the final completion of their immigration process
* Children of spouses of lawful permanent residents (V-2) described above

Permanent residents (aka landed immigrants) of Canada must have a nonimmigrant visa unless the permanent resident is a national of a country that participates in the Visa Waiver Program (VWP), meets the VWP requirements, and is seeking to enter the U.S. for 90 days or less under that program.

Additional resources regarding procedures for Canadian visitors to the United States can be found on the U.S. Embassy and Consulate websites in Canada. Learn more about requirements for Canadian citizens planning business travel to the U.S.
Click to expand...
 
Canuck_in_Cali said:
I'm glad you posted an edit. As a Canadian, we are granted entrance into the states as a visitor. A visitor means you do not intend to stay.
Click to expand...

yes, but it is a granted legal status, and if you are married to a USC, you can file for AOS. who doesnt visit the US for 3-6 months. lots of people do it. my wife in particular was on mat leave in canada so she stayed with me for 6 months, so we said fuck it, lets AOS after consulting with a lawyer.
 
js360, I don't know if I'm misreading you, but you're seeming defensive. I'm not criticizing the way anyone goes through the process, yourself included, I'm merely responding to the original poster's question about how he should legally proceed.

If he came into the US knowing (key word) he was intending to stay, went through the AOS process, had the interview and the IO asked him if he entered the states knowing they were going to file for an AOS, under oath, he'd have to say yes. He could be denied status and banned from entering the states.

Your case is different. Your wife did not enter with the intention of staying.

Sorry if you feel I'm picking on you or if I'm misreading you.
 
The key is intent. Many Canadians successfully AOS after satisfying USCIS adjudicators that there was no intent to AOS when the last entry to the US was obtained. I could have gone this route back in 2002. However because my intent was always to move and marry my then fiancee', I opted for the safe route of obtaining a K-1 from the Montreal consulate and then moving down.

Canuck_in_Cali said:
Your case is different. Your wife did not enter with the intention of staying.
Click to expand...
 
Canuck_in_Cali said:
js360, I don't know if I'm misreading you, but you're seeming defensive. I'm not criticizing the way anyone goes through the process, yourself included, I'm merely responding to the original poster's question about how he should legally proceed.

If he came into the US knowing (key word) he was intending to stay, went through the AOS process, had the interview and the IO asked him if he entered the states knowing they were going to file for an AOS, under oath, he'd have to say yes. He could be denied status and banned from entering the states.

Your case is different. Your wife did not enter with the intention of staying.

Sorry if you feel I'm picking on you or if I'm misreading you.
Click to expand...

i am not being defensive, i was just suggesting to him that it is an option, and since he is not aware of it, theres no way he can have intent cause he doesnt know about that way. :) but your right, it is intent, im just sayin thats what people do.
 
Thanks guys for your help !!

By now you might have realized that I have absolutely no idea as to what I am doing !!! So please be patient with me and help me out here :)

A few more questions:

- How long would it take to get everything processed if I go through the consular processing route ?

- If I plan to go through the consular processing route, can I obtain a K-3 visa to visit the US after the processing has started ?

- In the consular processing route, what would be a good proof to show an ongoing marital union ?

- The other option as most of you specified was applying for an AOS when I get there to the US after wrapping up my school and other work related stuff here in Canada. How long does the AOS process take before I can start working in the US ?

Again guys, I appreciate all your help !!! Please keep all the advice coming ...
 
see red bellow


sandy44 said:
Thanks guys for your help !!

By now you might have realized that I have absolutely no idea as to what I am doing !!! So please be patient with me and help me out here :)

A few more questions:

- How long would it take to get everything processed if I go through the consular processing route ?
i think its taking anywhere from 6months to a year right now

- If I plan to go through the consular processing route, can I obtain a K-3 visa to visit the US after the processing has started ?
YES, you must first apply for i-130 then apply for k3, but it seems to be a waste as it can also take 6months to a year to get k3

- In the consular processing route, what would be a good proof to show an ongoing marital union ?
someone else can answer this

- The other option as most of you specified was applying for an AOS when I get there to the US after wrapping up my school and other work related stuff here in Canada. How long does the AOS process take before I can start working in the US ?
EAD are being issued usually within 3 months of application right now, and AP taking about 3 months as well so you can travel once you get that, full greencard taking average 7 months i think.

Again guys, I appreciate all your help !!! Please keep all the advice coming ...
Click to expand...
 
Status
Not open for further replies.
Top