Immigration Law Questions? Ask an Immigration Lawyer.
Hello,my name is Judith. Thank you for this opportunity to answer your questions.
Yes, the law has not changed.
However be careful. You cannot enter the US with the intent to marry and immigrate on your visitor status.
You can come for a visit and then decide spontaneously to marry and then stay.
But when you enter you have to intend to leave.
So if you are going to go the route of adjusting status in the US, do not marry in Canada and wait 60-90 days to marry here
There is a 30/60/90 day rule if applying foradjustment to resident status here based on the marriage. If youmarry within 30 days there is a presumption you entered with a fraudulentintent - ie to remain here permanently. If you marry after 60 days there is arebuttable presumption that you did not intend to remain here permanently (suchas applying for a marriage license within the 30 days - the govt could rebutthe presumption of no fraudulent intent). If you apply for a license and getmarried close to or after the 90 days there is no presumption offraud, if you came intending to go back home, and found afterspending significant time together you were inseparable and decided to getmarried close to the 90 days, well life plans change - and you would not beconsidered to have lied upon entry.Judith
Hi Judith,Thank you for your response.
A few more questions:
What form numbers will we need prior to marriage?
What form numbers will we need after marriage?
Will I at any point be stuck in the USA for any period of time?
Does my boyfriend's status in the Active Military Service with the US Army have any more affect on the process that it would had he been a normal US Citizen?
If we do get married in Canada, what will we need to do afterwards? What forms are needed if any, etc?
I do not plan to become a full US citizen, am I required to get a Green Card, or can he just sponsor me?
Here is what you will need: Find instructions for each here: http://www.uscis.gov/portal/site/uscis/menuitem.eb1d4c2a3e5b9ac89243c6a7543f6d1a/?vgnextoid=db029c7755cb9010VgnVCM10000045f3d6a1RCRD&vgnextchannel=db029c7755cb9010VgnVCM10000045f3d6a1RCRD
I-130 Immigrant Petition (signed by US citizen spouse)
I-485 Application for Adjustment of Status (signed by alien)
I-765 Employment Authorization Application (signed by alien)
I-131 Application for Travel Document (signed by alien- this document permits alien to travel during the pendency of their "green card" case)
G-325A Biographic Sheet (one for alien and one for their spouse)
A medical examination in a sealed envelope performed by a civil surgeon (find one here: https://egov.uscis.gov/crisgwi/go?action=offices.type&OfficeLocator.office_type=CIV
I-864 Affidavit of Support
Two passport sized photos of spouse
Six passport size photos of alien
Copy of alien’s passport including all blank pages and I-94
Copy of US citizen birth certificate, natz cert or passport
Copy of spouse's birth certificate
Copy of any divorce decrees
Copy of marriage certificate
One check for the I-130 in the amount of $420
One check for the I-485/765/131 in the amount of $1,070
The packet get filed at the PO box on Page 6 of the instructions
You can read about the process at this site http://www.uscis.gov/portal/site/uscis/menuitem.eb1d4c2a3e5b9ac89243c6a7543f6d1a/?vgnextoid=9c8aa6c515083210VgnVCM100000082ca60aRCRD&vgnextchannel=9c8aa6c515083210VgnVCM100000082ca60aRCRD
Conditional Resident status is granted for 2 years. You and your spouse have to file a joint petition to remove this conditional status within 90 days of the 2nd anniversary date of the adjustment approval. http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=745218a1f8b73210VgnVCM100000082ca60aRCRD&vgnextchannel=4ca43a4107083210VgnVCM100000082ca60aRCRD
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