Recently got married to US citizen...

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mbellem87New Member
Topic author
Posts: 2
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Joined: 10 Jul 2011

Recently got married to US citizen...

Post Sun Jul 10, 2011 12:46 pm

Hi,
On the spur of the moment, i recently got married to my American boyfriend (I am Canadian btw). That is, on a visitor visa. I am still in the US right now. At first, we thought I should go back to Canada, finish my stuff and we would start a K3 visa to move me to the US. However, we realized that living apart would horribly suck. So there is 2 other choices we came up with:
1- I will go back to Canada, pick up my stuff (but just enough to fit in a luggage... don't want the customs officers to be suspicious) and it would allow me to spend some time with my mother before she dies. I would then cross the US border, tell the customs officer i'm visiting my husband(but do not intend to stay, show him proofs of my ties to Canada...) and hopefully it will happen without any major issue. We would then start the K3 process after that. Is it something that can be done??? If i go back to Canada BEFORE starting the K3?

2- My husband being in the military, he was going to ask for BHA and all that military benefits stuff you get when you are married to help us finance a place to rent together. We would then ask for the K3. That would mean me not going back to Canada. We are not sure if he can still get those benefits considering im Canadian.

What do you think about our options? I want your honest answers, please! Thank you so much :mrgreen:
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flames9CanuckAbroad VIP
Posts: 602
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Joined: 8 Mar 2007
Location: Managua Nicaragua

Re: Recently got married to US citizen...

Post Mon Jul 11, 2011 3:37 am

well for 1--k3 is no more!! Since ur in the USA, your best option is to Adjust of status (AOS) DO NOT LEAVE the usa--and that includes going to Canada!! You NEVER want to LIE to POE officials and thats what you would be doing if you said your just going to visit and when you know very well your intentions are to stay in the USA!! They catch you in a lie, well your going to be seperated for a very long time!! Get ur act together and file the AOS paperwork ASAP!! I don't know the timelines for AOS, but someone mentioned it took them like 3 months!

Ur other option is to file the CR-1 visa! All this info can be found on visajourney.com! Its a FREE forum, even has examples of filled out forms and has a step by step instructions on how/when to file the paperwork.

http://www.visajourney.com/forums/forum ... ist-visas/

If it were I, I would go the AOS route and file it ASAP!! Many have to live apart during the process!! And if 1 went the CR-1 route, 1 can stil visit (with POE approval) the USA!

Keep in mind if you go the AOS route you can't leave the USA until you have reached a certain point in the process! Leaving the USa is NOT the problem--its getting back in that can be! And yes POE officials catch people lying, read thsoe sob stories from time to time on Visajourney, but hey, they knowingly lied, so now they get to deal with the mess,lol 1 does not get much sympathy on VJ for lying! Best of luck
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mbellem87New Member
Topic author
Posts: 2
Topics: 1
Joined: 10 Jul 2011

Re: Recently got married to US citizen...

Post Fri Jul 22, 2011 6:38 pm

Well i understand that leaving the US during the time your AOS is proceeding would lead to problems such as visa fraud or not being able to re-enter the country because you did not ask for advanced parole before hand.

But what about getting married, leaving the country for 1-3 weeks, then coming back to the US and THEN applying for AOS? Would it still be visa fraud? Because technically im not leaving during the AOS process... i leave before starting it. And come back to start it.
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flames9CanuckAbroad VIP
Posts: 602
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Joined: 8 Mar 2007
Location: Managua Nicaragua

Re: Recently got married to US citizen...

Post Sat Jul 23, 2011 7:28 am

If your INTENTIONS are to knowingly stay, then yes it would be illegal. You don't have to convince me or anyone on this board. You have a plan from the outright to stay, which is illegal. Sure many get away with it, but thats up to you.
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flames9CanuckAbroad VIP
Posts: 602
Topics: 1
Joined: 8 Mar 2007
Location: Managua Nicaragua

Re: Recently got married to US citizen...

Post Sun Jul 24, 2011 6:40 am

If you think my info is wrong, it could be, just tell the USA POE officer of ur true intentions, that you plan on staying in the USA and see what happens. I'm not trying to be rude/ignorant, just putting the info out there. I truly dont care what others do, just if your informed and things don't go as well as you hoped, you knew the consequences. As I said before, many Cdns go that route. And yes many of them had no clue, they just figured they could stay! But if you get to ur AOS interview and tell them that you knowingly entered the USA and planned to AOS, it may not go that smoothly!! If ur in the USA right now, get that AOS paperwork submitted!! 1 poster on here said it took around 3 months from start to finish! Thats another beauty of dealing with the gov't; 1 person can take 3 months, another can take much longer or shorter. on Visajourney there is an AOS forum. Best of luck
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