us citizen marrying canadian

bumperpie
New Member



Joined: 05 Oct 2007
Posts: 4

Posted: Fri Oct 05, 2007 4:28 pm

 

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ok. this is my question. Im an US citizen and my partner is a canadian. My mother tells me if we marry in the states he can live and work there pretty much right away. is this true or is she mis informed (wouldnt be the 1st time tho. lol). so ive looked around and i dont really see anything confirming this, then i found this website and though alas, maybe i can find the answers. please lemme know your answers.

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flames9
Senior Member



Joined: 08 Mar 2007
Posts: 114
Location: Falls Church VA

Posted: Sat Oct 06, 2007 4:55 am

 

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It would be Illegal, BUT people do, do it! One CAN NOT KNOWINGLY goto the states, marry and STAY! To knowingly do that is illegal. But people play "dumb" and do it! I was actually advised by a USA immigration attorney to do it that way! Keep in mind if you do it that way, ur stuck in the USA. No going outside of the USA (including canada) until you have reached a certain level in the process. Could be up to a year! So if one has a desire need to go outside canada, you can't. Wel lu can try, but you could be denied re-entry into the USA, then what? Lots of Super info on http://www.visajourney.com/forums/
It deals with relationship visas. Check out the stickies at the top of the page.
K1 is a fiance visa (ur not married yet) usually the quickest way (relationship visa wise) But its a ONE time entry visa, so once one activtaes it and ur in the USA, ur there until you complete Adjustment of status (AOS) or u get advance parole. Im not up to date on the K1, so check out VJ

K3 is marriage based. Multiple entry visa

cr-1 another marriage based visa, but comes with work authorization and multiple entry.

Check out VJ, lots of info, and if u read the stickies, the FAQ, post questions, you will most likely not need a lawyer. There is even a section of already filled out forms as examples.

Keep in mind it can be a slow, frustrating experience. K1 can take anywhere form 6 months and up, and cr-1 close to a year!

There are only TWO consulates in Canada that conduct the interviews. Montreal and Vancouver. I believe Manitoba and west got Van, rest of canada to Montreal. And if u go the CR-1 route, montreal is the only consulate that handlers them. And vancouver at this time is much faster than Montreal, so that wil shorten ur time. Hopefully this makes a bit of sense, i need more coffee,lol

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Reba
Moderator


Canuck in NC

Joined: 16 Jul 2004
Posts: 1487
Location: North Carolina

Posted: Sat Oct 06, 2007 7:32 am

 

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Just to add on to that, one cannot enter the US, get married and then be able to work immediately. It would take several months before a work permit would be granted by USCIS if one is adjusting status based on marriage.

See the sticky above the forum here for information on moving to the US. there is info there for both marriage based and work based visas, and links to other sites with more info.
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bumperpie
New Member



Joined: 05 Oct 2007
Posts: 4

Posted: Sun Oct 07, 2007 4:59 pm

 

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just to clarify. we are already married and my mother said to get married in the states "spontaneously". would it still be illegal? we live in canada now, but i have no status in canada other then visitor. . i wanna go back home to the states but he needs to be able to work cause we have 2 kids. ne ways hope this helps a bit also

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flames9
Senior Member



Joined: 08 Mar 2007
Posts: 114
Location: Falls Church VA

Posted: Mon Oct 08, 2007 4:19 am

 

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Since your ALREADY married, does you no good to get married again in the USA! I have no clue on work visas, only relationship ones.
Since ur married you can apply for the K3, or the cr-1 (married for less than 2 years), IR-1 (married for 2 yrs or more) There are plus/minuses for both. Both are multiple entry visas, so one can travel outside the USA. K3, one has to apply for EAD (work authorization), so one CAN'T work right away. Cant take up to 3 months to receive the EAD I believe. The Cr-1/ir-1, one can work right away, but usually the process takes a bit longer than the K3. Both are hovering around the 1 year mark from mailing off the 1st paperwork to the interview!

Thats the legal way. Knowingly going to the USA with the intention of staying, then Adjusting status (AOS) is illegal. But many do it, but if ya get caught, you could be in for many hassles, including banned! Plus going that route he can't work in the USA, and can't leave the USA. Well he can leave, but may be denied re-entry, then what do you do?

Visa process is frustrating, sooner ya start, sooner you finish. Check out visajourney.com

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bumperpie
New Member



Joined: 05 Oct 2007
Posts: 4

Posted: Mon Oct 08, 2007 11:44 am

 

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ok, got all that info and looked at sites. just 1 more question if you could answer it for me. its say an the USCIS webpage thingy that i need to sponsor him and make Xamount of money per year. what if i dont meet that requirment? am i outta luck? is there a way around it? i have all the paperwork ready to go, fees and what not, but havent sent ne of it in cause i dont make over the poverty limits or what ever its called. says i need to make like 17thousand-24 thousand a year i think (i dont remember but i think thats about it) but i dont make quite that much. i mean i could if i went back to states and got a different job, but i work for my moms new business and only make like 8.5 pr hr full time 40 hrs a week, still dnot make enuff.lmao. ne ways. gtg back to work now

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flames9
Senior Member



Joined: 08 Mar 2007
Posts: 114
Location: Falls Church VA

Posted: Mon Oct 08, 2007 6:39 pm

 

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No, ur not out of luck---You can get someone to sponsor you (they have to be a USA citizen I believe) I'm not up to date on that info, but lots of info on that on VJ, and maybe Reba or someone else will answer it here.

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Reba
Moderator


Canuck in NC

Joined: 16 Jul 2004
Posts: 1487
Location: North Carolina

Posted: Tue Oct 09, 2007 1:45 pm

 

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You can get a joint sponsor to help you out. A joint sponsor can be anyone who is a US citizen or legal permanent resident who meets the income requirements for their household plus the immigrant(s).

As an example, if your Mother were to help you out and co-sponsor with you. Her income would need to be enough to cover herself, her spouse, any of her own children under the age of 18 who live with her or who she supports, plus your husband and his children (if they are not biologically yours).

Are your children US citizens? Were they born in Canada or the US?

If you would be sponsoring your husband on your own, you would need to factor your income to be 125% of the poverty guideline for a household of 4 (you, your husband, your 2 kids).
_________________
I miss Shreddies!

Are you in the US or Canada? Want to make some extra money? Check out My Watkins website for some awesom products and business opportunity.

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