Canadian Married an American, NOW WHAT?

Just wondering if there is anyone out there who may be in the same situation as I am, or may have some useful information for me. like i said I'm a Canadian who recently married. I lived in Windsor, ON and first met my husband in Detroit, MI in April of 04. We just got married in KY, USA because that's where my husband lives. We have a son together who was born in Canada.I want to know if its possible for me to stay in the u.s. while the paperwork is being processed And is there anything I can do to legally work while waiting on the paperwork.

We have a USA forum here with lots of immigration information. But I'll start here.

When did you enter the US and what did you tell the border guards when you got here? Did you intend to get married during this trip, or was it a spur of the moment "hey, we're not doing anything today lets go to city hall and get married" kind of thing? Did you have a job and home and bills to pay back in Canada and you just abandoned them, or did you quit all that before you left? These types of things will determine your intent upon entry, and may or may not affect an immigrant application.

When your son was born, did you apply for a US birth certificate and passport for him at the US consulate to register his birth abroad?

If you *do* stay and apply for adjustment of status it'll be a few months before you'll be legally able to work. You also won't even be able to get any State ID (like driver's license etc) I don't think until you get your green card (I believe Kentucky is one of those weird states that you have to have permanent legal status before you can get a license.)

Also, go have a look at a website called wwww.visajourney.com It's a message board there specifically for marriage based immigration to the US. There's lots of info there and people who've bee thru it all to answer your questions.

Reba thanks so much for the info. and no i didn't exactly plan on getting married. it was sort of a last min decision. I will email you with details.

Filing for adjustment after entry as a visitor and marrying in the U.S. is a good way to get your adjustment application denied based on a misrepresentation/fraud. CIS applies a 30/60 day rule to visitor entries. So if the adjustment was filed within 30 days of the entry, CIS can presume fraudulent intent. (Meaning you implicitly or explicitly represented nonimmigrant intent at the border but really had immigrant intent) If its between 30 and 60 days the presumption is eliminated, but CIS can still examine your intent.

Christopher, I have read (on other forums) from currently employed CBP and USCIS officials that that 30/60 "rule" is a myth.

The burden of proof is on the applicant yes, but they don't look at hte number of days, rather what had the applicant done in their home country before they arrived in the US for their "visit".

IF the applicant had quit his/her job, sold their house/broke their lease, and packed up all their belongings, then obviously there was intent. If however, the applicant still had a job, a permanent abode and all their worldly goods were still in their home country when they got married, then it is unlikely the marriage and decision to stay was pre-meditated.

Its not a myth, its in the FAM (Foreign Affairs Manual) and its used often: See

9 FAM 40.63 N4.7 Applying the 30/60 Day Rule
(TL:VISA-342; 01-08-2002)
a. In determining whether a misrepresentation has been made, some of the
most difficult questions arise from cases involving aliens in the United
States who conduct themselves in a manner inconsistent with
representations they made to the consular officers concerning their
intentions at the time of visa application. Such cases occur most
frequently with respect to aliens who, after having obtained visas as
nonimmigrants, either:
(1) Apply for adjustment of status to permanent resident; or
(2) Fail to maintain their nonimmigrant status (for example, by
engaging in employment).
b. To address this problem, the Department developed the 30/60-day rule.
This rule is intended to facilitate adjudication of these types of cases
consistent with the statutory mandates.
c. Aliens who apply for adjustment of status pursuant to the INA are within
U.S. Department of State Foreign Affairs Manual Volume 9 - Visas
9 FAM 40.63 Notes Page 6 of 21
the jurisdiction of the Immigration and Naturalization Service unless the
application is abandoned upon the departure of the alien from the United
States. Upon receipt of a notice of application for adjustment of status
Form G-325A, Biographic Information, therefore, it would not be
appropriate for a consular officer to seek the Department's concurrence in
a finding of ineligibility since such a finding would not be binding upon the
INS. Instead, the post should bring available derogatory information to
the attention of the appropriate INS office by a VISAS DECEMBER cable.
[See 9 FAM 40.63 PN2.]
d. With respect to the second category referred to above, the fact that an
alien's subsequent actions are other than as stated at the time of visa
application or entry does not necessarily prove that the alien's intentions
were misrepresented at the time of application or entry. As to those who
fail to maintain status, the consular officer should also recognize that the
precise circumstances under which the change in activities or the
overstay arose have an important bearing on whether a knowing and
willful misrepresentation was made. The existence of a misrepresentation
must therefore be clearly and factually established by direct or
circumstantial evidence sufficient to meet the "reason to believeâ€

I'm just saying that I've read otherwise.

I arrived in CA less than 6 months ago and just married my sweetheart I came out here for. I knew I only had 6 months as a visitor so we decided to get married so we could spend our lives together.

I want to avoid hiring an attoney since my friend brought his new wife over from China and did all the work himself. Within 6 months she had a Greencard.

I need to know what steps and forms I take/do now. I'm lost. I know there are a bunch of forms I have to fill out and same as my husband and we mail them into together. Any advice?

check out the information, guides, example forms, and Adjustment of Status forum at Visa Journey