Canadian who married an American Rec Process

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zsuzanna

Registered Users (C)
Good day everyone, I'll be brief.

Im a Canadian citizen about to marry my American fiance' this week in the USA. I've been here on vacation but we decided with much consideration to get married while we're finally here together. I've been doing much research, and receiving conflicting information on the immigration process. It would be of great assistance if someone can provide the most efficient way to go about this.

I will be returning to CA next week as I only have a two week pass to be here in the USA (The officer at customs didnt see fit to let me travel with a one way ticket as he suspected I was not going to return to Canada, altho this was not the case). Id then like to return to the USA to simply be with him for extended periods of time (im aware I'll still be considered a visitor at this point and 6 months is the limit), but eventually Id like to settle/live in the USA. Also, would it make a difference to share my marriage with the customs officer upon my return to the US ? Or is this not necessary? I would also like to keep my CAD citizenship, residing as a dual resident between the US and Canada. Lastly, is there a period of time I have to stay in the US as the paper work is being processed, or does my location not matter during this time?

Thanks in advance:)
zsuz
 
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Id then like to return to the USA to simply be with him for extended periods of time (im aware I'll still be considered a visitor at this point and 6 months is the limit), but eventually Id like to settle/live in the USA.

When you get married, your husband can file a petition that will lead to a CR1 visa (here's a step by step guide of how to do that). This will take approx 8-12 months. This visa (once you have it in hand following an interview at a US consulate in Canada) will grant you permanent residency (GC status) once you re-enter the US with it. During the time that it is taking to process you can still attempt to visit the US to visit your spouse (though whether or not you will be allowed to enter will depend entirely on the POE officer during your border crossing).
http://www.visajourney.com/content/i130guide1


Also, would it make a difference to share my marriage with the customs officer upon my return to the US ? Or is this not necessary?

DO NOT offer information unless specifically asked for it. If they ask you if you are married then say yes. If they don't ask, then do not volunteer it. The same can be said for all information given to a POE officer. A great example I've heard from a wonderful US immigration attorney from another forum is.....if the officer asks you 'do you know the time?' the answer is either 'yes' or 'no'...it is not 'yes, its 3 oclock' as the officer only asked you if you knew it, NOT what time it is. So long story short, ONLY give up information if specifically asked for it.


I would also like to keep my CAD citizenship, residing as a dual resident between the US and Canada.

If you want to be a PR (GC holder) then the US must be your primary residence. You will still retain your Canadian Citizenship, but in order to maintain your GC you must reside in the US the majority of the time. If you choose to become a citizen of the US once you become eligible then I believe Canada allows it's citizens to become dual citizens so this should no longer be an issue. Im from the UK and when I become eligible to apply for citizenship late next year I will be a citizen of both the US and the UK.


Lastly, is there a period of time I have to stay in the US as the paper work is being processed, or does my location not matter during this time?

If you are going the CR1 route, then where you are while the paperwork is being processed does not matter. The only time location matters is that you are physically present at the specific US consulate for your visa interview.
However, if you choose to go the direct AOS route (apply for the GC directly within the US without having to return back to Canada) then you should not, under any circumstances, leave the US until you have your GC in hand. However, while many people may advise you to go this route, I personally wouldnt. As you have stated that you questioned at the POE and the POE officers suspected that you may not return to Canada and instead stay in the US- even though you had no intention when you entered, by going this route you would be proving the POE's suspicions correct and 'could' lead to a difficult AOS.
 
Provided you meet all the requirements and have all the documents required for the paperwork then yes, you can file the paperwork while you are in the US. We filed my K1 fiance visa paperwork while I was in the US. The sooner you send off the paperwork and start the process, the sooner you'll have the visa in your passport.
 
i appreciate your knowledge and thorough responses, you've been much help.
thank you again, and i'll follow up with any additional questions if they should arise.
cheers.
 
zsuzanna said:
I will be returning to CA next week as I only have a two week pass to be here in the USA (The officer at customs didnt see fit to let me travel with a one way ticket as he suspected I was not going to return to Canada, altho this was not the case). Id then like to return to the USA to simply be with him for extended periods of time (im aware I'll still be considered a visitor at this point and 6 months is the limit),
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If they notice in the system that you were only allowed 2 weeks last time, you should prepared to be questioned about that next time, and you should not expect 6 months.

Bear in mind that you are not really supposed to enter with visitor status and then stay in the US to pursue a green card via AOS. So if they know you are married to a US citizen, they will suspect that you plan to stay in the US and pursue the green card to completion via AOS (I-485). Which could mean they don't let you in.

If you manage to get into the US as a visitor, they will generally hold their nose and approve your AOS green card anyway if you are married to a US citizen, but still that is not the "proper" way to do it.

If you don't have a dual-intent visa like H1B or L1, the "proper" way to do it is to pursue consular processing in Canada, either for a K1 (fiancee) visa or immigrant visa. The initial paperwork would be filed in the US, and then you complete the process later on at a consulate in Canada.
 
thanks for additional information...

i just cant believe how strict the immigration process has become. three years ago i was in a relationship with an american and i drove down to the states more than 3 times a month for 2 years straight - and i didnt return for months and its never been an issue. there were times i was working, not working, and times i didnt even have a return date in mind.

my red flag situation: the officer at airport customs i recently dealt with actually ordered me to work "MORE" before i decide to cross again, as he was 'unsatisfied' with the fact that i was only working part time and was currently filed as unavailable since March of this year. He asked me why i only worked part time, and i mentioned I had a serious health issue for many years, and a part of my trip to the states was to spend time at a holistic center to relax, heal and be with my love. he then asked me about this 'healing' i will be involved in, and i described my beliefs: spirituality, living/raw organic foods, exercise, meditation, etc. i also descried this is how i met my fiance' - as he is a life coach and healer.

the first time i was turned away, i asked if i could attempt to cross again. he mentioned if i show ties i could cross the next time with no problem. so i went home and proceeded to meet the criteria he had asked for. I arranged it with my boss to return to work in may/june and even provided a letter from my employer. I provided my T4 slip validating the company, letters from doctors re: my illness, showing ownership of my car, that i own a dog - i literally brought everything to show i was returning, and i also had a return ticket, and enough money in my account.

I rebooked my ticket, and returned a couple days later. As i confronted him, he held my papers, read them, and then paused for about 5 minutes and then looked up and literally said "i dont buy this crap." the officer then proceeded to insult my religion and my relationship stating "i know this spiritual crap you and your boyfriend are involved in," and "if your boyfriend loves you like you think he does, tell him to come HERE and see YOU." it got even worse - as he flat out called the private home care company i work for "bullshit." He denied all my legal documents, TAX RETURNS, letters from my company, etc - I literally felt 1 inch tall and felt helpless at this point. as i left the building his colleagues whispered to me "file a complaint." i walked in there innocent and i left feeling like a criminal - id hate to see how they treat someone with a criminal record.

for my future trips to the USA i enter with a clean conscience. im expecting a mild pain in my side, but i have to keep calm and just go with ease. I spoke to a lawyer and they actually told me i had a lawsuit on my hands, and if it means to sue to remove this red flag, i will probably proceed. after all, my intention again is not to stay here permanently, and even if they decide to not believe me, the comfort in knowing im not trying to illegally immigrate does give me some peace of mind. there will always be an officer who will act accordingly.
 
So you plan to spend most of each year in Canada for the next year or two?

In that case, consular processing would suit your situation. Right after you marry and before you leave the US, have him file form I-130 indicating the desired consulate. Send it by overnight mail so it will reach before you leave. Then the next time you enter the US, if hassled about this, you can say the I-130 was already filed when you were in the US but you left anyway. And consular processing was selected on it and you will return to Canada to complete the process instead of staying in the US for adjustment of status.

Then you can get a reentry permit to preserve your green card while you're spending most of the time in Canada.
 
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im in the US until the 15th.

i ended up driving through the border and told them my story. to respect my situation and the 'flag' - they allowed me to cross but with a pass. they did however ask me 'how long do you want to stay for.' i said two weeks, and they said 'okay.' they were wonderful and they did their job without being inappropriate. they should tell the other officer its possible.

okay, i'll definitely look into your suggestion. you've been an amazing help, and my appreciation is through the roof.

cheers.
 
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