Canadian now married to a US citizen, what next?

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EliseMaNew Member
Posts: 3
Joined: 8 Nov 2010

Re: Canadian now married to a US citizen, what next?

Post Mon Nov 08, 2010 10:48 am

I am a Canadian Citizen who did just this
I entered the country March 14th knowing my wedding to an american was on the 26th of march. In truth I had intended another trip to canada in between to get another suitcase of my things but things got busy with the wedding so I never botherd another trip to Canada and entered the country strictly as a visitor.

After the wedding I thought I would need to leave as well however if you call USCIS they will tell you that as soon as you file the adjustment package you MUST stay in the country, until getting a parole document. Our wedding was on March 26th we didnt file the Adjustment package until May 24th because we left for our honeymoon.

Anyways I JUST got My employment auth card at the end of october. am still waiting for my SSN which I filed for about a week ago now, I CANT WAIT because in this state I need my SSN for a drivers license. MY Advanced Parole looks like it got approved this morning when I check my case status online (hooray home for Christmas). And we have an interview date for the Greencard portion of the app package in Mid December.

So dont figure this way is really any faster then filing as a fiance first.
Main benifit I was able to leave the USA for our honeymoon and file the Adjustment package when we returned.

BTW USCIS SUGGESTED this method to me when I called a year before our wedding to find out about Fiance visas and if we would be able to LEAVE the usa for a honeymoon, they said to file after getting married in the usa and to just enter country as a visitor. So dont worry about it seriously if your husband is Canadian they are a little more lax about it. I think its people from "other" countries they come down hard on for this

My biggest problems that we ran into really was just not having an I-94 thingy you get when you enter the country for immigration purposes, people entering as a visitor dont get to keep these but I just left the numbers blank since they did stamp my passport on entry (thank goodness, because sometimes they dont even bother stamping canadian passports like if you enter by land) it wasnt a big deal. But you can file to get a copy of your I-94 if you didnt get a stamp on your passport and end up needing it for $30.
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agnelsonCanuckAbroad VIP
Posts: 3261
Topics: 1
Joined: 26 Aug 2009

Re: Canadian now married to a US citizen, what next?

Post Mon Nov 08, 2010 11:14 am

Basically correct. However, you could easily have been denied entry after your honeymoon, as you were now married to a USC living in US -- perfect grounds for denial of entry. this happens on a daily basis. all spouses of USC's living in US must enter on a K visa or an AP -- even if they are Cdn.

The correct safe method is to marry AND honeymoon in US, and not leave until AP is approved.

This does indded apply to Cdns, just look at the dozens of posts here from "lucky ladies" who end up stuck in Canada after they got married to a USC.

And you do not need an I-94 if one was not issued to you. You simply write NA anytime I-94 number is asked for and put the POE and date of entry on the correct lines. This applies for I-485, I-765, I-131.
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tallyp8New Member
Topic author
Posts: 5
Joined: 27 Oct 2010

Re: Canadian now married to a US citizen, what next?

Post Mon Nov 08, 2010 7:31 pm

Thanks for the replies.

We are actually getting ready to send the whole packet in to the USCIS this week. I have double checked everything and I think were covered. When my husband (at that time fiancée) last crossed into the US he got neither his pass port stamped nor an I-94 so we just put N/A when they ask for the I-94 info on the applications.

The only thing I am a little nervous about is that he has been here in the US for over the 6 month visitor time limit. With the planning of the wedding, honeymoon (within the US) and then figuring out all this paper work it has now been almost a year that he has been here with me in the US. We were told by many people that what ever you do don't leave the country or otherwise it will add complications. So I hope that him staying over his 6 month stay does not cause problems now that we are trying to do the right thing and file the paperwork with the USCIS.

We thought about hiring a lawyer but between this site and some other sites you guys have been really helpful on making us feel more confident doing this on our own. Thank you!!
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agnelsonCanuckAbroad VIP
Posts: 3261
Topics: 1
Joined: 26 Aug 2009

Re: Canadian now married to a US citizen, what next?

Post Mon Nov 08, 2010 7:45 pm

Indeed, he should NOT leave US under any circumstances until he has AP.
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