Married in the states

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JennayBeansNew Member
Topic author
Posts: 6
Joined: 16 Sep 2009

Married in the states

Post Wed Sep 16, 2009 3:37 pm

Hi, During my visit in the states I got married to my fiance.. well now Husband heh, I am here on the canadian 6 month visa with my passport, i came into the country on 05-28-09 and my visa expires on 11-28-09. I would very much like to stay within the country during my immagration process, My husband as well as my parents and my inlaws help support me during the process so I am not having to work and breaking any of the laws. I am looking to be filing the I-539 form soon, however the instructions have me confused somewhat. I am on a visitor visa, and wanting to extend for at least 6 months to start, I got the money for the form, however do I file just as a Extension of stay and explain that I wish to stay for a longer visit.. or do I file something called V non Immigrant, .. this states that to be eligible for a V Visa I need to follow this condition, that I must be a spouse of a lawful premanent resident. Which I am.. but then it says Form I 130 Petition for alien relative must have been filed for you by your spouse on or before december 21 2000... so when it says this I feel like it does not apply to me..

I am just quite confused and would like to be clarified how I should be sending this exstenion.

Also if anyone else who married in the states recentally and lived there during their immgration process can give me any heads up on what forms should be filled out in what order.. if it aint too much.

Additional Info:
Got Married on 9-11-09
Got no Kids,
Not currently working
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agnelsonCanuckAbroad VIP
Posts: 3263
Topics: 1
Joined: 26 Aug 2009

Re: Married in the states

Post Wed Sep 16, 2009 4:21 pm

Are you asaying you married a US permanent resident.

You have little hope of staying in US unless you have a degree and can get H1 visa. B2 extension is of limited value.

Until your hubby can become US citizen, there is no point filing I-130, either.
This site is a travel site and not best source for these topics:
TN and TD info: http://forums.immigration.com/forumdisp ... -TN-Status
For US/Cdn taxes and SS/CPP:forums.serbinski.com/index.php
US Marriage-based Immigration: visajourney.com
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JennayBeansNew Member
Topic author
Posts: 6
Joined: 16 Sep 2009

Re: Married in the states

Post Wed Sep 16, 2009 4:27 pm

My Husband was born and raised in the states, he is a lawful citizen
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lawsrlawsCanuckAbroad VIP
Posts: 229
Joined: 28 Jun 2009

Re: Married in the states

Post Wed Sep 16, 2009 5:25 pm

"My husband as well as my parents and my inlaws help support me during the process so I am not having to work and breaking any of the laws."

Your living in the USA as an Immigrant on a Non-Immigrant Visa. Your already breaking the Law.
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JennayBeansNew Member
Topic author
Posts: 6
Joined: 16 Sep 2009

Re: Married in the states

Post Wed Sep 16, 2009 8:05 pm

I am still on my visitors visa for a couple more months, I will accept the fact if I have to return home, however I do not beleive I am breaking any law just because I am married.
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agnelsonCanuckAbroad VIP
Posts: 3263
Topics: 1
Joined: 26 Aug 2009

Re: Married in the states

Post Wed Sep 16, 2009 8:09 pm

"My Husband was born and raised in the states, he is a lawful citizen"

Sorry I misunderstood, you said in your first post "that I must be a spouse of a lawful premanent resident. Which I am..". See the reason for my confusion.

So, all you have to do is file I-130/I-765/I-131 and I-485 and all will be well. You will immediately be in "adjustee" status, and will be able to live travel and work freely within 3 months. Within the next 6 months you will have your GC. Although you circumvented the normal manner in which a fiancee enters US marries (which is why lawsr must be kicking himself) marriage to a US citizen absolves you of almost all infractions you may have made, real or imagined.

I-539 does not apply to you, nor does V status.

Go to visajourney.com for better info on marriage-based immigration.
This site is a travel site and not best source for these topics:
TN and TD info: http://forums.immigration.com/forumdisp ... -TN-Status
For US/Cdn taxes and SS/CPP:forums.serbinski.com/index.php
US Marriage-based Immigration: visajourney.com
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JennayBeansNew Member
Topic author
Posts: 6
Joined: 16 Sep 2009

Re: Married in the states

Post Wed Sep 16, 2009 8:25 pm

So, all you have to do is file I-130/I-765/I-131 and I-485 and all will be well. You will immediately be in "adjustee" status, and will be able to live travel and work freely within 3 months. Within the next 6 months you will have your GC. Although you circumvented the normal manner in which a fiancee enters US marries (which is why lawsr must be kicking himself) marriage to a US citizen absolves you of almost all infractions you may have made, real or imagined.

I-539 does not apply to you, nor does V status.


My apologies for the confusion about my Husbands Status. He is a citizen born and raised here.. not one aquired through any other means.

My Concern is that my visitors status runs out on November 28 2009, so the time frame that these forms are filed are over the amount of time I have left, that is why I was willing to fork over to 300$ to get an extension.. how does that work when you say that the I-539 does not apply to me?
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agnelsonCanuckAbroad VIP
Posts: 3263
Topics: 1
Joined: 26 Aug 2009

Re: Married in the states

Post Wed Sep 16, 2009 9:08 pm

The moment you file I-485 you are in status, you can file I-485 along with I-130 -- at the same time.

I-539 is for a non-immigrant status. You aren't entitled to one; You are immigrating. You want an immigrant status, which is a zillion times better than the visitor status you are no longer entitled to!

Get busy on I-130/I-485/I-765/I-131.
This site is a travel site and not best source for these topics:
TN and TD info: http://forums.immigration.com/forumdisp ... -TN-Status
For US/Cdn taxes and SS/CPP:forums.serbinski.com/index.php
US Marriage-based Immigration: visajourney.com
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JennayBeansNew Member
Topic author
Posts: 6
Joined: 16 Sep 2009

Re: Married in the states

Post Wed Sep 16, 2009 9:20 pm

The moment you file I-485 you are in status, you can file I-485 along with I-130 -- at the same time.

I-539 is for a non-immigrant status. You aren't entitled to one; You are immigrating. You want an immigrant status, which is a zillion times better than the visitor status you are no longer entitled to!

Get busy on I-130/I-485/I-765/I-131.


Ok Sorry to be repeative.. I just want to be clear that as soon as I file that I-485 which is application to register permanent residence or adjust status.. and that will automatically put me in a new visa catagory or extend my stay, now if I file this with all those forms.. I want to do this within the next week to get it over and done with, I should have no one knocking at my door.. meaning I wont get deported.. or banned?

-- Thu Sep 17, 2009 12:30 am --

Sorry it also says that Evidence of Eligibilty.. Based on an immigrant Petition? It says to attack a copy of the approval notice for an immigraint petition that makes a visa number immediatley avalible to you...?? Sorry this has me confused
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agnelsonCanuckAbroad VIP
Posts: 3263
Topics: 1
Joined: 26 Aug 2009

Re: Married in the states

Post Thu Sep 17, 2009 2:24 am

That is the I-130 that your husband files. As I have said twice, you need to file I-130/I-131/I-765/I-485 together (along with any supporting docs and forms).

You don't need approval of I-130. The facy that you are the spouse of a USC makes you immediately eligible for visa number, thus the I-485 is accepted at the same time as I-130. This is known as concurrent filing.
I think you should now follow this up at visajourney.com.
This site is a travel site and not best source for these topics:
TN and TD info: http://forums.immigration.com/forumdisp ... -TN-Status
For US/Cdn taxes and SS/CPP:forums.serbinski.com/index.php
US Marriage-based Immigration: visajourney.com
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