Married to Canadian Citizen, Residing in US, Which forms to fill out?

levski87

Registered Users (C)
Hello, I recently got married to my canadian fiance. She came here in October and we got married about 3 weeks later. We are now trying to fill out the paperwork and I was wondering which forms we have to fill out?

Do we need the I-130?... Any help would be appreciated.

Also, she doesn't have a I-94 and Ive noticed that most forms ask for this information. Should we put N/A or fill in the date that she arrived?
 
Im guessing, since she doesnt have a I-94 that she entered visa free as a tourist?

If this is the case then did she enter the US with the intent to marry you and stay (ie, didnt quit her job/sell her house/finish up her home lease etc prior to entry), or did she enter and marry you on the spur of the moment (and if asked to prove that she married on the spur of the moment, she can prove to the interviewing officer that she had a job/lease/mortgage to return back in Canada- Ie, didnt severe ties to her home).

If it really was a spur of the moment marriage then she can AOS in the US:
http://www.visajourney.com/content/i130guide2

If she did intend to marry and stay and severed ties to her home before she moved, then she will need to return back to Canada and pursue a spousal immigrant visa (though you can begin this process while she is in the US- she will just need to return back to Canada at the end of her 6 month visit):
http://www.visajourney.com/content/i130guide1
 
Did she not enter on a K-1 visa? In that case, marrying within 3 weeks of entering itself may prove to be an issue.

If she did not enter on a K-1, you are posting on the wrong sub-forum to begin with. You need to look at the sub-forum "Family based green cards".


Hello, I recently got married to my canadian fiance. She came here in October and we got married about 3 weeks later.
 
She did not enter on a K-1 Visa. We have been together for 5+ years so I don't think they will believe the marriage is fake. She still has/had a job until we married and there are some student loans that need to be payed off in Canada. Will that be enough proof in order to justify a spur of the moment marriage?

Also, I'm assuming I fill out the I-130 + I-485 and all the other documents.

On the forms that ask for the I-94, should I leave it blank?
 
We're not implying that the interviewing officers will think the marriage is fake :)

What I'm getting at is that it is illegal to enter the US with intent to marry and stay without the appropriate visa (k1 in your case) ie, circumventing immigration laws. As triple citizen stated, marrying within 3 weeks of entry will raise huge suspicions- should the interviewing officer suspect this is the case then adjustment to permanent resident will be denied and your spouse will be banned from the US.

When you said she had a job, do you mean she had one up until you got married and then she quit once she married and decided to stay?

Of course, she 'may' be fine staying in the US and adjusting status as you are planning, but no one here will be able to guarantee that she will have a successful outcome. Personally, I would apply for the spousal visa 'now' have her return home when her visit is up, and then return to the US once she has the visa in her passport. This is by far the safest way.
 
No, she came for my Birthday and we got married around that time (surprise) .

She never quit the job, just took 3 weeks off.
 
For the I-94 questions, what should we put when it asks us for the dates?...

Leave it blank? none? N/A?
 
First of all Canadians don't need a visa and they had a waiver before the visa waiver program was invented. So, she won't have an I-94.

If she is planning on going back you should start simply with an I-130 and she can get a visa from abroad. OR if she wants to stay for at least 3 more months, you can concurrently file the I-130 and full adjustment package (I-485, I-765 and I-131). She won't be allowed to leave until getting advance parole through the I-131. If she travels abroad without advance parole, the adjustment is dead and she will have to get an immigrant visa in order to return.

She will get a conditional status for two years due to the newness of the marriage (it is less than two years old at time of greencard approval). That will require a follow-up I-751 within the 3 months preceeding the 2nd anniversary of the conditional greencard expiration. At that point you have to show that the marriage was and remains real (bona fide).

If you had gone to Canada and gotten married she could have come earlier with a K-3 visa and travelled back and forth with ease.

But according to the State Department website, that is no longer an option for her:

FROM travel.state.gov

Immigrant visa for a Spouse of a U.S. Citizen (IR1 or CR1) - An immigrant Petition for Alien Relative, Form I-130 is required.

Nonimmigrant visa for spouse (K-3) - It is important to note that application for the nonimmigrant visa for spouse (K-3) who married a U.S. citizen must be filed and the visa must be issued in the country where the marriage took place. After the visa process has been completed, and the visa is issued, the spouse can travel to the United States to wait for the processing of the immigrant visa case. Two petitions are required:

Petition for Alien Relative, Form 1-130; and

Petition for Alien Fiancé (e), Form I-129F

Advance Parole for K-3 or K-4 Family Members

Applicants presently in the United States in a K-3 or K-4 nonimmigrant classification may travel outside the United States and return using their nonimmigrant K-3 or K-4 nonimmigrant visa. The only time advance parole is necessary is if the K-3 or K-4 nonimmigrant status has expired and the applicant has an adjustment of status application that remains pending.

FROM uscis.gov:

Application Process

To obtain a K-3 or K-4 nonimmigrant visa, you (the U.S. citizen petitioner) must file two petitions with USCIS and apply for a visa from the U.S. Department of State.

Form I-130: File on behalf of your non-citizen spouse with the USCIS Service Center having jurisdiction over your place of residence. You will then receive a Form I-797, Notice of Action, indicating that USCIS has received the Form I-130.

Form I-129F, Petition for Alien Fiancé(e): File this after filing Form I-130 and include a copy of the I-797, on behalf of the non-citizen spouse and any children. Submit to the USCIS Service Center where the underlying Form I-130 petition is pending. There is no fee when filing a Form I-129F for a non-citizen spouse (K-3). If your non-citizen spouse has any minor children seeking K-4 nonimmigrant visas, they should be listed on the I-129F filed on your spouse’s behalf to facilitate the application process.

If approved, USCIS will forward the I-129F to the U.S. Department of State for consular processing.

The non-citizen spouse and any minor children will then need to apply to the U.S. Department of State for the K-3 or K-4 nonimmigrant visa.

Weigh your options carefully, you said she only took 3 weeks off from her job in Canada and apparently still has a home and posessions to deal with in Canada.

Good Luck,
 
Ok, well we decided to just file all the paperwork. (I-130,I-485, I-765, and I-131) .

One more problem still remains tho. She came to the US as a child and received a "Not Valid for Employment" Social security card, which was lost over time but the number was remembered. She came here in the summer and one employer took her without requiring a copy of the SSN. She worked and filed taxes during that one year. Most of the forms ask for any social security number that is applicable (if any), should we list this number or do we just not even mention it?
 
Yes, list it. She has applied for an EAD and already having the SSN will make things go quicker if she has a job lined up by then. She can probably get a replacement SS card while waiting for the EAD.
 
I think you read the question wrong.

She came here at the age of 5 with her parents and lived here for a year or two before moving to Canada. She received a nonvalid for employment SSN when she arrived back in 1991-1992. She used the same number for an employment opportunity in the summer of 2007 since she came to visit me.

The SSN is very old, should we even list it on the application? Also, will there be any problems because she wasn't a legal resident/citizen to even work here.
 
Since she already exists in the social security records database, she should not get a second SSN. It would probably only lead to problems at some point in the future.
 
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