Married to a Us citizen

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canadiandgalJunior Member
Topic author
Posts: 10
Joined: 6 Jul 2009

Married to a Us citizen

Post Tue Jul 07, 2009 11:10 am

Hi,
I Already have some clue as to what i am doing but i would like some input from others. I have tried to read over all the posts i could find and every website possible. which of course gave me alot of information but sometimes information is not all you need. I would like to know if anyone would be able to suggest which way of going or even if there is another way.
I am a canadian citizen who as of right now is visiting the states, i got married June 26th, to my handsome man!He is a full blood raised us citizen.It wasn't my intention to come here and get hitched, we had been working on getting married in june 2010. A little sooner as you can see hehe. I came her with my son only to visit for a few months but after all we have gone through over the past few months. A miscarriage :( , money problems, court cases, we just figured lets do this so we got marrieed. Now i have read so far that an i-130 spouse visa would seem to be the best way of doing this but im not sure. Can anyone give me some insight into what they maybe used, I dont have the money to hire a lawyer right now,. Is there a simplier way then an i-130? I would like to be able to stay here well we go through the paperwork process.
Thanks everyone
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Reba

Re: Married to a Us citizen

Post Wed Jul 08, 2009 4:13 am

I-130 is not a visa, that's the petition your husband will have to fill out in order to sponsor you.

For detailed info and example forms and whatnot see http://www.visajourney.com ALL the information you need is there.
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canadiandgalJunior Member
Topic author
Posts: 10
Joined: 6 Jul 2009

Re: Married to a Us citizen

Post Wed Jul 08, 2009 7:08 am

Yes I know, He fills out a i-130 then when he gets a reciept back he applies for a i-129 which i believe is a visa??
All this information is starting to hurt my head.
The sites arent helping to figure out the best solution
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flames9CanuckAbroad VIP
Posts: 602
Topics: 1
Joined: 8 Mar 2007
Location: Managua Nicaragua

Re: Married to a Us citizen

Post Wed Jul 08, 2009 7:20 am

check out visajourney.com it has step by step instructions! I would go for the cr-1 vice the K3, and if you check on VJ, you will see why!!
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StevenCanuckAbroad VIP
Posts: 3637
Topics: 2
Joined: 28 Sep 2007
Location: Calgary

Re: Married to a Us citizen

Post Wed Jul 08, 2009 10:23 am

canadiandgal wrote:It wasn't my intention to come here and get hitched, we had been working on getting married in june 2010. A little sooner as you can see hehe.


Which is the key point in this post. If it wasn't you intention to get married when you entered and you had genuine non-immigrant intent when you entered (which USCIS may well ask you about at the interview) and you haven't been in the US more than six months then you can apply for AOS using I-485, you don't need to apply on I-130.

There is a variety of other paperwork that needs to be filed with the I-485, e.g. G-325A, I-765 etc. go to http://www.visajourney.com as the info on there is more comprehensive.

If you're not confident about being able to apply for AOS, you have to leave and he sponsors you using I-130 for an immigrant visa (CR-1 in this case) and you have to do the interview in Montréal. Note that if you have been in the US more than six months you may need to apply for a waiver on I-192 and you pretty much certainly will if it's significantly over six months.
Steve.
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canadiandgalJunior Member
Topic author
Posts: 10
Joined: 6 Jul 2009

Re: Married to a Us citizen

Post Wed Jul 08, 2009 11:38 am

Now i am even more confused. I cant do the c-1 due to have my son. It doesnt count him in with me. nor does the i-485
-cries-
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Reba

Re: Married to a Us citizen

Post Thu Jul 09, 2009 4:27 am

You would do 2 separate applications, one for you, one for your son.

The I-129F is also a petition, it is not a visa.

PLEASE see the Guides at Visa Journey. ALL the information is already there!
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canadiandgalJunior Member
Topic author
Posts: 10
Joined: 6 Jul 2009

Re: Married to a Us citizen

Post Thu Jul 09, 2009 7:51 am

Ok , Let me go through this again, I have a little boy would a k-3 not be better. I cant afford the 1000 fee for the i-485, as of right now he is supporting me. The filing fee for a k-3 is 355. I am so confused i dont want to go back to canada but will for a few months if i have to.
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flames9CanuckAbroad VIP
Posts: 602
Topics: 1
Joined: 8 Mar 2007
Location: Managua Nicaragua

Re: Married to a Us citizen

Post Thu Jul 09, 2009 8:05 am

Have you checked out Visajourney.com?? it has STEP BY STEP instructions for the CR-1, K3 and to Adjust of status!

K3 and cr-1 take about the same amount of time, THUS the k3 is going the way of the do-do bird (extinct) CR-1 is a far superior visa, and it costs less! You can start the paperwork now for yourself AND your child. One can stil visit the USA (with discretion of POE officer)

If you decide to just stay in the USA, you can adjust of status (AOS) for urself and child. Be aware that you can't work for sometime, AND you can NOT leave the USA until you have reached a certain portion of the process! Well, you can leave the USA, leaving isn't the problem, GETTING BACK into the USA will be the problem!

read visajourney, they have stickies at the top of each visa forum. take a look at the CR-1, K3 and the AOS forums. Its all there, and ya can ask all the free questions you wish.
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StevenCanuckAbroad VIP
Posts: 3637
Topics: 2
Joined: 28 Sep 2007
Location: Calgary

Re: Married to a Us citizen

Post Thu Jul 09, 2009 11:17 am

canadiandgal wrote:Ok , Let me go through this again, I have a little boy would a k-3 not be better. I cant afford the 1000 fee for the i-485, as of right now he is supporting me. The filing fee for a k-3 is 355. I am so confused i dont want to go back to canada but will for a few months if i have to.


The I-130 fee isn't the whole fee, that is the initial step, but it is cheaper to go that route than doing an AOS (hmm, although I'm not sure it is actually if you're already there and you don't file an I-765). However the only way to do it from inside of the US is AOS on I-485. Any type of immigrant visa as the name implies has to be applied for from outside of the US otherwise you wouldn't need a visa to enter.

The original idea behind K-3 was that USCIS could process them faster because it basically lets you in (it's technically a non-immigrant visa), then you do the AOS, but that turned out to be a bit of a fantasy and K-3 processing times became as long as being sponsored on I-130.

Because you have to apply for the visa AND do AOS on K-3 it is by far the most expensive way.

Like I said above, if you definitely entered with non-immigrant intent, had a change of plan and decided to get married, your best bet is to apply for AOS on I-485. If you're really strapped for cash then don't bother applying for work authorization on I-765 and you'll have to wait until the AOS is completed before you can work.
Steve.
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