Marrying a Canadian

K

kaya541

New Member
Hi guys, I have learned alot from reading all these posts, but am also thoroughly confused now! Hope you all don't mind answering a couple questions for me...

He is Canadian, I am USC. We are patient enough to wait to live together, but want to get the process started.

1. If we are married and he continues to live in Canada for now, does he have to do consular processing, or can I file it all here for him? Would that include a I-485?

2. If we are married and have started the paperwork, can he still visit down here without a special visa/paper?
 
1. I485 can not be filed unless he is in the US.
2. Technically, yes, provided he has no intent to adjust the status in the US.
 
kaya541 said:
Hi guys, I have learned alot from reading all these posts, but am also thoroughly confused now! Hope you all don't mind answering a couple questions for me...

He is Canadian, I am USC. We are patient enough to wait to live together, but want to get the process started.

1. If we are married and he continues to live in Canada for now, does he have to do consular processing, or can I file it all here for him? Would that include a I-485?

2. If we are married and have started the paperwork, can he still visit down here without a special visa/paper?
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1) Being a Canadian citizen, he can visit US anytime he likes.

2) I don't see why not. I am sure he can still enter & exit out on Canadian passport. I would suggest that you bring him here in US on Canadian passport as a visitor. You guys can plan out & get married & immediately start the GC process meaning adjustment of status, filing I-130, I-485 and all the required paperwork. The process will go a lot faster keeping in mind your husband is physically here in US.
 
Atlanta_Brother said:
1)
I would suggest that you bring him here in US on Canadian passport as a visitor. You guys can plan out & get married & immediately start the GC process meaning adjustment of status, filing I-130, I-485 and all the required paperwork. The process will go a lot faster keeping in mind your husband is physically here in US.
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This route is illegal. Entering the US with the intent to stay and adjust status is not allowed and can seriously come back and bite you in the ass. Many people have indeed gone this route and been successful, but if AOS is denied due to 'intent to adjust without an appropriate visa', then you are looking at a ban from the States.
Your options are K1 if you are not married.
CR1/IR1 if you are married.
DO NOT marry without the appropriate visa.
 
Thanks, Elcup, I thought that would be the case (don't marry without the appropriate visa).

If he comes over, and we immediately start the process, is that automatic permission for him to stay here in the US? In other words, he must stay in the US to process the paperwork?

He has kids in Canada, can he still visit them anytime he wants? Does he need a special paper to let him back in here (such as AP?)?
 
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elcupacabras said:
This route is illegal. Entering the US with the intent to stay and adjust status is not allowed and can seriously come back and bite you in the ass. Many people have indeed gone this route and been successful, but if AOS is denied due to 'intent to adjust without an appropriate visa', then you are looking at a ban from the States.
Your options are K1 if you are not married.
CR1/IR1 if you are married.
DO NOT marry without the appropriate visa.
Click to expand...

I happened to know a friend of a friend whose wife came on a tourist visa and was 7 months pregnant upon entry. She has ofcourse overstayed by now for the last couple of years. This guy will be eligible to apply for his citizenship soon and after he becomes a USC, will he not be able for his wife's Green card? Ofcourse he should be able to and lots of attorneys have advised him that he can also fill out one of the waiver forms and he should be all set.
 
Atlanta_Brother said:
I happened to know a friend of a friend whose wife came on a tourist visa and was 7 months pregnant upon entry. She has ofcourse overstayed by now for the last couple of years. This guy will be eligible to apply for his citizenship soon and after he becomes a USC, will he not be able for his wife's Green card? Ofcourse he should be able to and lots of attorneys have advised him that he can also fill out one of the waiver forms and he should be all set.
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All the case is different and handled by different officer. I may not be caught by driving at 70mph, but others could be pulled over.
 
You are missing the point

kaya541 said:
Thanks, Elcup, I thought that would be the case (don't marry without the appropriate visa).

If he comes over, and we immediately start the process, is that automatic permission for him to stay here in the US? In other words, he must stay in the US to process the paperwork?

He has kids in Canada, can he still visit them anytime he wants? Does he need a special paper to let him back in here (such as AP?)?
Click to expand...

Getting started on the paperwork does not guarantee anybody in US. Their status is considered overstay if he or she doesn't leave the country upon the I-94 expiration or that 90 day stay given at the POE. If he or she leaves the country while the paperwork is pending, I would not suggest them to enter on a tourist visa because that person is now married & should only enter on an immigrant visa which eventually comes down to being a GC holder.
 
Spouse of a US citizen

GotPR? said:
All the case is different and handled by different officer. I may not be caught by driving at 70mph, but others could be pulled over.
Click to expand...

Please correct me if I am wrong here. I was told once you become a spouse of US citizen all your previous sins are forgiven and the chances are slim to none that you will be deported.
 
Atlanta_Brother said:
Please correct me if I am wrong here. I was told once you become a spouse of US citizen all your previous sins are forgiven and the chances are slim to none that you will be deported.
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You are not following the thread. We are talking about intent.
And even though I see a lot of people entering as visitors w/ intent to immigrate, I wouldn't advise the people to do so, but rather tell them to make a decision by themselve with knowing all the rules.
 
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kaya541 said:
1. If we are married and he continues to live in Canada for now, does he have to do consular processing, or can I file it all here for him? Would that include a I-485?
Click to expand...

If his short-term plans are to remain in Canada, then CP is the best route.

2. If we are married and have started the paperwork, can he still visit down here without a special visa/paper?
Click to expand...

Maybe. He'll need to prove evidence of the temporary nature of the trip, like a return plane ticket, and a job/residence in Canada.
 
Atlanta_Brother said:
1) Being a Canadian citizen, he can visit US anytime he likes.

2) I don't see why not. I am sure he can still enter & exit out on Canadian passport. I would suggest that you bring him here in US on Canadian passport as a visitor. You guys can plan out & get married & immediately start the GC process meaning adjustment of status, filing I-130, I-485 and all the required paperwork. The process will go a lot faster keeping in mind your husband is physically here in US.
Click to expand...

DOn't bring him in the states *knowing* you will marry. This is fraud. If you are planning on it already and he has already asked you to marry him then check out the K-1 Fiance visa... it's not too long of a process and is tailored for your situation.

As far as bringing your husband down after the "k-1" process has started, you can try, however, customs may not let him in as he could be considered a risk for staying. It's entirely up to the officer... but you can try - just be honest and don't lie as that can really affect your application and life plans. TheREalCanadian's suggestion for providing proof of return to Canada is a good one and they may let him pass.
 
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Long debate

GotPR? said:
You are not following the thread. We are talking about intent.
And even though I see a lot of people entering as visitors w/ intent to immigrate, I wouldn't advise the people to do so, but rather tell them to make a decision by themselve with knowing all the rules.
Click to expand...
\

It's a long debate & I don't want to get into this. I have known people who entered US on tourist visa and have told the immigration officer at the port of entry that they were there to visit their spouse. Nothing happend but a 6 month entry was granted to them on their I-94 card.
 
As far as bringing your husband down after the "k-1" process has started, you can try, however, customs may not let him in as he could be considered a risk for staying. It's entirely up to the officer... but you can try - just be honest and don't lie as that can really affect your application and life plans. TheREalCanadian's suggestion for providing proof of return to Canada is a good one and they may let him pass.[/QUOTE]

As far as him coming down after "k-1" has started, you mean to wait until the "k-1" is approved right? A risk for staying because he doesn't have the approval with him already.

If we are married already, start w/ K1 and I-130, once that is approved he can come here and then we proceed w/ I-485, etc...right?
 
from my understading they normally do not like it when canadians have pending immigration and try to enter the states, i would suggest fiancee visa, bring him to the states to get married then AoS
 
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