Assistance needed

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Assistance needed

Postby Qali » Wed Jun 03, 2009 6:37 am

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I'm a Canadian and recently married an American. Our immigration lawyer suggested we get married in the US after visiting my then fiance for a period of 30 days (which we have done recently in the US). Our lawyer suggested that we apply for an adjustment of status (once we get our marriage certificate which might take 4 weeks to receive). I was told that I can't leave the US while my adjustment of status is being processed. Given that I have yet to file for an adjustment of status (because I'm still waiting for my marriage certificate) can I travel to Canada for a couple days and then re-enter the US?
Any suggestions would be very much appreciated!
Qali

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Re: Assistance needed

Postby Steven » Wed Jun 03, 2009 6:54 am

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It's not a good idea because when you re-enter CBP will think you have immigrant intent as you're married to an American. In that situation you would be forced to stay in Canada until you could be sponsored via I-130 for entry. From the US consular website:

Entry to the U.S. is solely up to a Department of Homeland Security/Customs and Border Protection (DHS/CBP) officer at the Port of Entry. While intending immigrants may have and lawfully seek to exercise a dual intent to be a visitor or student now and an immigrant later, it is against U.S. law to enter the U.S. as a visitor or student with the intent to wait for or seek immigrant status while in the U.S. Anyone who attempts to enter the U.S. by misrepresentation, or unlawfully, may face severe sanctions up to and including permanent ineligibility to enter the U.S.


If you entered as a visitor and had a spontaneous marriage then you can do AOS from inside the US. It can be a bit dicey to do this in certain situations in case USCIS doesn't believe it was unplanned when you entered as a visitor (as explained in that quote), but legally it is possible if it's legitimate.
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Re: Assistance needed

Postby Qali » Wed Jun 03, 2009 3:09 pm

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Thank you for the information Steve. If we were not married yet, would have I been able to travel back to Canada for a few days and return to the US to visit my fiance?
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Re: Assistance needed

Postby Reba » Thu Jun 04, 2009 3:20 am

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Only if your intent was to visit and leave.

If you enter the US with a visitor status, but actually intend to get married and stay to adjust status, that is illegal. (marrying on the spur of the moment and then staying to adjust is not illegal however, but can be tricky to prove your intent)

For information on marriage based immigration information see http://www.visajourney.com ALL the informtation you need is there.
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Re: Assistance needed

Postby Steven » Thu Jun 04, 2009 9:52 am

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Like it says in that quote, if you enter with the intent to stay permanently, which you are, that's illegal without an immigrant visa. He'd have to sponsor you for K-1.
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