Hi.  I am going to be getting married in a few months.  My girlfriend
(soon to be fiancee) is a Canadian citizen.  She is currently in the
U.S. on a student visa (she is obtaining a Master's degree from
Columbia University).  When she graduates in May 2005, I believe that
her student visa is still valid for 1 year because she will be
enrolled in what is called a CF or CFY (similar to a medical
residency, but for the field of speech-pathology).  However, after
that, I have no idea what I need to do to keep her in this country
legally.  It should be pretty simple since she's Canadian, but I have
tried looking at the various embassy websites and have gotten lost in
all of the terms and regulations (maybe things have changed post Sept.
11th).  The only thing I can think of that might complicate it is that
she wants to have dual citizenship if possible (she wants U.S.
citizenship but it too proud of a Canadian to give up her Canadian
citizenship).  Would it be possible for you to let me know what I need
to do to make all of this happen?  Thank you very much.

Hi vka2b,

Given that you will be getting married in the United States while your
fiancé is lawfully in the U.S., she will be all set to go through the
process of "Adjustment of Status to Permanenet Resident" as your wife,
followed by U.S. citizenship (don't worry, she will not have to give
up her Canadian citizenship, all Canadians are granted the privilege
of holding dual citizenship).

>>> Adjustment of Status

Permanent Residence via Marriage to a U.S. Citizen:
"This process is called "adjustment of status to permanent resident,"
and is not the process for becoming a US citizen; that process is
called "naturalization." If you are married to a US citizen, you are
eligible to go through the naturalization process after you have been
a permanent resident for three years."
Procedure to Obtain Permanent Residency through Immediate Relative Petition:
1. ...obtain  "Petition for Alien Relative" (Form I-130) and the
"adjustment of status" packet (Form I-485 and other forms)."
2. "After marrying, the US citizen completes Form I-130 and the
foreign citizen spouse completes the adjustment packet. We normally
recommend that the couple file the adjustment application IN PERSON at
the USCIS (in Buffalo, or at the district office which has
jurisdiction over their place of residency -- check in the telephone
directory under "US Government"). The packet will be reviewed at that
time."
3. It will be necessary for the foreign spouse to have a medical
examination between filing the petition and having the interview. This
will include an AIDS test. The examination must be conducted by a
USCIS-approved physician. A list of approved physicians and Medical
Examination form I-693 should be included in your "adjustment packet."
4. After filing the application, the next step is to wait for the
interview. It will probably be at least three or four months before
the couple will be called in for an interview. During this waiting
period, the foreign spouse may not travel outside the US unless
approval for Advanced Parole (applied for on Form I-131) is granted.
It is important to keep this in mind when making travel plans.
5. You will be notified of a date and time for the interview with an
officer at USCIS. At the interview, the USCIS will stamp the passport
of the foreign national spouse with an I-551 stamp, indicating the
completion of the permanent residency application process. At that
time travel abroad will be allowed.
6. A few months after the interview, the permanent residency or "green
card" (Form I-551) will arrive in the mail!
 NOTE: This may be "conditional permanent residence": if the couple
had not been married for at least two years at the time the adjustment
to permanent resident is approved, then the spouse will receive
conditional permanent residence. This conditional status is equal to
permanent residency in all respects and benefits except that it is
subject to termination within two years.
7. After the approval of the I-751 (and a possible second interview)
to remove the conditionality, the permanent green card will be issued.
http://www.isso.cornell.edu/immigration/visasaftergrad/marryusc.html

FORM I-130, Petition for Alien Relative 
http://uscis.gov/graphics/formsfee/forms/I-130.htm

FORM I-485; FORM I-864; FORM I-693; package:
http://uscis.gov/graphics/formsfee/forms/files/i-485pk1.pdf

"Permanent Residence via Marriage to a U.S. Citizen" handout:
http://www.isso.cornell.edu/immigration/visasaftergrad/PR.marriage.pdf

Application Procedures: Becoming a Permanent Resident While in the United States:
http://uscis.gov/graphics/howdoi/LPRApplication.htm

>>> Naturalization

General Naturalization Requirements: Residence and Physical Presence:
An applicant is eligible to file if, immediately preceding the filing
of the application, he or she:
    * has been lawfully admitted for permanent residence (see preceding section);
    * has resided continuously as a lawful permanent resident in the
U.S. for at least 5 years prior to filing with no single absence from
the United States of more than one year;
    * has been physically present in the United States for at least 30
months out of the previous five years (absences of more than six
months but less than one year shall disrupt the applicant's continuity
of residence unless the applicant can establish that he or she did not
abandon his or her residence during such period)
    * has resided within a state or district for at least three months
http://uscis.gov/graphics/services/natz/general.htm

FORM N-400 Application for Naturalization:
http://uscis.gov/graphics/formsfee/forms/n-400.htm

>>> Dual Citizenship

Citizenship and Immigration Canada: Dual Citizenship:
" Unlike the law in effect in Canada up to 1977, the present
Citizenship Act allows a Canadian citizen to acquire foreign
nationality without automatically losing Canadian citizenship. Since
February 15, 1977, a Canadian citizen may retain Canadian citizenship,
unless he or she voluntarily applies to renounce it and the
application is approved by a citizenship judge. The present Act thus
makes it possible to have two or more citizenships and allegiances at
the same time for an indefinite period."
http://www.cic.gc.ca/english/citizen/dualci_e.html

I hope this helps you to sort through the maze of U.S. immigration. If
you have any questions, please post a clarification request *before*
closing/rating my answer and I'll be happy to reply.

Thank you,
hummer

Search Strategy:

I was able to use my extensive research on this subject and personal bookmarks.

---

Clarification of Answer by hummer-ga on 28 Dec 2004 11:23 PST

Hi vka2b,

Dragon_2 made a good point. Please let me know if you are planning on
getting married in Canada, because if so, I'll have to revise my
answer.

Thanks,
hummer

---

Request for Answer Clarification by vka2b-ga on 28 Dec 2004 11:57 PST

Hummer, thanks a lot...that was very thorough, helpful, and prompt.  I
do however have a few questions:

-- First off, we actually do plan to get married in Canada.  If this
significantly complicates things, would it be better to do a court
marriage in the U.S., and just perform the religious ceremony in
Canada as Ed suggested (thanks for your comments, BTW, Ed)?
-- Before the interview is conducted, the documentation you referenced
indicates that my spouse will not be able to travel outside the US --
is this true even though she currently has a student visa and is able
to do so?  What if she just wants to go home to Canada for a few
weeks?
-- I'm assuming that the next step after my spouse has her green card
for 3 years is to apply for naturilization (form N-400)?
-- You attached links to the various forms, thank you.  However, I
didn't see one for I-131 or I-751 (which I'm not sure what that one
is).  Also, there is a link for I-864, but I don't see that referenced
anywhere in your application -- what is that one?

Thanks again!

---

Clarification of Answer by hummer-ga on 28 Dec 2004 13:22 PST

Hi again, vka2b,

It will take me awhile to revise my answer regarding the Canadian
marriage (it is my own fault, I should've asked you before I proceeded
- an oversight on my part).

In the meantime...

-- I'm assuming that the next step after my spouse has her green card
for 3 years is to apply for naturilization (form N-400)?

Yes, but I'm not sure where you are seeing 3 years. It's 5 years as far as I know.

" has resided continuously as a lawful permanent resident in the
U.S. for at least 5 years prior to filing with no single absence from
the United States of more than one year;..."

>>>

-- You attached links to the various forms, thank you.  However, I
didn't see one for I-131 or I-751 (which I'm not sure what that one
is).  Also, there is a link for I-864, but I don't see that referenced
anywhere in your application -- what is that one?

The I-485 package (the link I gave you) contains all of the following
(instructions also) -

Family-Based Applications: Immediate Relatives:
If you are the immediate relative (spouse, parent or unmarried child
under 21 years old) of a U.S. citizen, submit the following forms:
        * I-485, Application to Register Permanent Residence or to Adjust Status
        * G-325A, Biographic Information
        * Either your original I-130, Petition for Alien Relative (if
you are filing concurrently), or a copy of your I-797, Notice of
Action (if the petition was already approved).
        * I-864, Affidavit of Support
        * I-693, Medical Examination of Aliens Seeking Adjustment of Status
        * All required supporting documentation as listed on the above forms. 
http://uscis.gov/graphics/formsfee/forms/files/i-485pk1.pdf

>>

I-131 is only needed for travelling -

Form I-131, Application for Travel Document, if you need to travel
outside the United States while your application is processed
http://uscis.gov/graphics/formsfee/forms/i-131.htm

>>

Form I-751will be needed to remove the conditions on permanent
residence based on marriage because -

"A lawful permanent resident is given the privilege of living and
working in the United States permanently. Your permanent residence
status will be conditional if it is based on a marriage that was less
than two years old on the day you were given permanent residence. You
are given conditional resident status on the day you are lawfully
admitted to the United States on an immigrant visa or receive
adjustment of status. Your permanent resident status is conditional,
because you must prove that you did not get married to evade the
immigration laws of the United States."
http://uscis.gov/graphics/howdoi/remcond.htm

Form I-751
http://uscis.gov/graphics/formsfee/forms/i-751.htm

I'll get back to you as soon as possible. In the meantime, if you
think of any other questions, just let me know.
hummer

---

Request for Answer Clarification by vka2b-ga on 28 Dec 2004 13:34 PST

Hummer,

Thanks for the clarification...the reason I said '3 years' instead of
5 is because of the following from your post:

"If you are married to a US citizen, you are
eligible to go through the naturalization process after you have been
a permanent resident for three years"

Am I reading that wrong?

Thanks,
vka2b

---

Clarification of Answer by hummer-ga on 28 Dec 2004 13:42 PST

Hi again,

Hmm, I hadn't noticed that - that isn't my wording but rather Cornell
University's. I posted their link because they had that nice
step-by-step guide, but USCIS has the final say ...

General Naturalization Requirements:
An applicant is eligible to file if, immediately preceding the filing
of the application, he or she:
    * has been lawfully admitted for permanent residence (see preceding section);
    * has resided continuously as a lawful permanent resident in the
U.S. for at least 5 years prior to filing with no single absence from
the United States of more than one year;
    * has been physically present in the United States for at least 30
months out of the previous five years (absences of more than six
months but less than one year shall disrupt the applicant's continuity
of residence unless the applicant can establish that he or she did not
abandon his or her residence during such period)
    * has resided within a state or district for at least three months
http://uscis.gov/graphics/services/natz/general.htm

hummer

---

Clarification of Answer by hummer-ga on 28 Dec 2004 16:23 PST

Hi vka2b,

-- First off, we actually do plan to get married in Canada.  If this
significantly complicates things, would it be better to do a court
marriage in the U.S., and just perform the religious ceremony in
Canada as Ed suggested (thanks for your comments, BTW, Ed)?

To avoid trouble, the best thing to do would be to 1) have your
ceremony *first* in Canada (do not sign anything official) and then 2)
get legally married *after* you have re-entered the U.S.  Here is the
reason -

If you either get legally married in Canada first or get legally
married in the U.S. and then go to Canada for your ceremony, you will
be married when she tries to re-enter the U.S on her F-1 visa.  This
could be conceived as "intent to immigrate" and she might not be
allowed to cross the border but rather would have to stay in Canada to
apply for immigration from there.  When she re-enters on her visa, it
must be with non-immigrant intent. It would be at the discretion of
the authority at the border to decide what to do, but why take the
chance?

>>>

-- Before the interview is conducted, the documentation you referenced
indicates that my spouse will not be able to travel outside the US --
is this true even though she currently has a student visa and is able
to do so?  What if she just wants to go home to Canada for a few
weeks?

That's correct. If she wants to leave the U.S., she'll need to submit
Form I-131 first.

I-131 is only needed for travelling -
Form I-131, Application for Travel Document, if you need to travel
outside the United States while your application is processed
http://uscis.gov/graphics/formsfee/forms/i-131.htm

>>>

Just to clarify, you should be able to file the I-485 / I-130
concurrently which will save a bit of time.

Special Instruction:
"The I-485 in this case may be filed at the same time as the visa
petition (I-130) which is filed by the U.S. citizen or lawful
permanent resident. See your local office "About Us" page for any
special local instructions including any local forms needed to apply
for permanent residence."
http://uscis.gov/graphics/formsfee/forms/i-485.htm

Petition for Alien Relative
"NOTE: If the I-130 petition is being filed concurrently with Form
I-485, Application to Register Permanent Residence or to Adjust
Status, submit both forms at the local INS office having jurisdiction
over the place where the I-485 applicant resides."
http://uscis.gov/graphics/formsfee/forms/files/i-130.pdf

Please let me know if you have any other questions -
hummer

---

Request for Answer Clarification by vka2b-ga on 28 Jun 2005 07:36 PDT

Hi Hummer,

Long time no talk.  I hope your offer for me to post as many
comments/clarifications to this question still stands.  I just got
married, and while I was initially planning on following scenario #2
from my 1/15/05 message (which you agreed would be fine), there is now
an added complication and I wanted your opinion.

To recap, we just got married in Canada, but not officially (only
religious ceremony, nothing on paper).  Since we will be leaving the
country this summer, we decided to wait until we get back to make it
official (i.e. register with the state of Virginia), and then follow
through with all the immigration paperwork.

Essentially what I wanted to know is this -- is crossing the border
back into the States while we are officially married but before her
immigration paperwork goes through actually illegal, or is it just
risky because of the 'intent to immigrate' status?  What I mean to say
is, if we register as married with the state of Virginia, is there a
way for customs/immigration to know about this when we enter back into
the country and is that illegal?  Or, is it just running the risk of
getting turned down at the border?  I of course don't want to do
anything illegal, but I am at a point where I am willing to take a
chance with the 'intent to immigrate'.  Long story short, my wife is
having medical issues and I need to add her to my insurance policy in
order to be able to afford it.  However, we must be officially married
in order to do this, but by following the current plan, this can't
happen until September when we return from overseas.

Please just let me know what you think or if you need any
clarification.  Thanks a lot!

---

Clarification of Answer by hummer-ga on 28 Jun 2005 10:11 PDT

Hi vka2b! Congratulations! I don't know what province you are in, but
if it's Ontario or easterward, I hope you are enjoying the steamy
weather. Ofcourse if it's westward, you will be all wet!

This is just my opinion and I'm sure someone else will have another
take on it, but please don't take a chance with 'intent to immigrate'.
 Set your priorities (marriage and your life together, not insurance!)
and stick to them.  Continue to travel as you always have, using her
F-1, and when you can finally stay put for awhile, get married and
start the change of status process.  None of what you had planned is
illegal but lying to or misleading the border officials will be
grounds for deportation. I can't seem to find it online, but doesn't
she have to notify her immigration officer of any change of address,
name change, etc.? If so, it will go into her records, viewable to all
immigration departments. Please don't get married and leave the U.S.
without filing the I-485 & I-131 first.

Surely she has insurance through the university she is attending?  If
not, enquire about it.

Processing Times:
Her I-131 will probably be processed in Vermont. Right now,
applications received May 7, 2005 are being processed.
https://egov.immigration.gov/cris/jsps/ptimes.jsp;jsessionid=eqO8DUrVCaS6 

Form I-131, Application for Travel Document
http://uscis.gov/graphics/formsfee/forms/i-131.htm

Take care, you guys. Keep your sticks on the ice.
hummer

---

Request for Answer Clarification by vka2b-ga on 29 Jan 2006 19:48 PST

Hi hummer,

Sorry, I wanted to post this as a comment but somehow that button has
disappeared, so I am posting it as a request for clarification.

Well, I have an update for you, but unfortunately, it's not good. 
I've gotten myself into a heck of a pickle, and I wanted your advice. 
If your advice is, "Stop bugging me and get an immigration attorney,"
that is completely fine!

Let me try to summarize:  As I understand, an individual who has an
I-485 in process is not allowed to leave the U.S. during that time. 
If such an individual needs to leave the country, he/she must file an
I-131.  As my wife and I had absolutely no intention of travelling for
quite some time, I decided to be a cheapskate and save myself the $170
filing fee for the I-131.  Well as it turned out, my wife's
grandmother, who basically raised her, ended up having a massive heart
attack a few days ago.  Without thinking, my wife hopped on a plane to
Canada within hours of hearing this news.  She is flying back tomorrow
afternoon (she has to be back for work), and my concern is what is
going to happen at the immigration desk at the airport.  Is it
possible they won't let her back in even though she is here legally on
an F-1 visa?  If they do let her in, surely my request for her
permanent residency will eventually be rejected --  I'm assuming one
of the questions we will be asked when we get called in for an
interview is whether or not she has left the country -- of course we
are going to tell the truth and say yes (it will even be stamped in
her passport), and that will be the end of that.  Are you aware of
anything I can do?  Do you think there's actually a chance they won't
let her in and my wife and I will be separated until we figure
something out?

If at all possible, I would appreciate if you could let me know your
thoughts ASAP, as I only have a few hours tomorrow morning to figure
stuff out.  I know this is asking a lot and would understand if you
can't.  If you want me to open up another question, that's fine with
me as well, and you can set the price.

Thanks a lot hummer.

---

Request for Answer Clarification by vka2b-ga on 30 Jan 2006 12:04 PST

Hi hummer,

Just wanted to give you an update to the request for clarification
that I posted yeserday.  She got through immigration with no problems
whatsoever.  So, now the question is, do I proceed with everything as
is (e.g. we have the biometrics exam next week, I'm assuming at some
point after that we will have the interview, etc.), or do I call INS
and alert them to the fact that my wife broke the rules, so that they
can void my application immediately and we reapply?

vka2b

---

Clarification of Answer by hummer-ga on 06 Feb 2006 13:48 PST

Hello vka2b!

I'm sorry that I'm so late in getting back to you but we have been
away and have just returned. I'm also sorry to hear that you guys
didn't submit the I-131, that was a mistake.

2.K. Can I travel outside the United States if I have a Form I-485
adjustment of status application pending?
"No, not without advance permission. If you depart the United States
with a pending I-485, you have abandoned your application unless you
receive permission in advance from USCIS to return to the United
States..."
"You may also be considered ineligible to return to the United States
as an F-1 student, because your application to change status to that
of a permanent resident is evidence of intent to immigrate which is
inconsistent with nonimmigrant student status."
http://www.ice.gov/graphics/sevis/travel/faq_f2.htm#_Toc81222024

At this point, I think she needs to seek advice from a professional to
avoid possible deportation (because your wife entered the U.S. as a
nonimmigrant but has an I-485 pending). Your wife should never ever
have left the U.S. without permission and it's hard to say what the
consequences will be. I wish I had better news.

Regards and good luck,
hummer

---

Request for Answer Clarification by vka2b-ga on 06 Feb 2006 16:31 PST

Good to hear from you hummer.  Thanks for your response -- no worries
about taking so long -- you've done a lot for me as it is.

While I was waiting for your response, I did go ahead and talk to a
few immigration lawyers.  They agreed (obviously) that she should not
have left.  Trust me, her and I had to have a LONG talk about how even
though it was an unfortunate situation with her grandma, she can't
just take off and leave the country as if it's crossing the street
(look at the mess it got us into).  Of course, I do take part of the
blame for not filing the I-131 -- that was extremely stupid on my
part.

Anyhow, I've been advised to proceed with the application as is, and
see what happens at the interview.  Because she was in fact let back
into the country, I have been told that they may let it slide if I
filed for the I-131 immediately (which I have done) and also if I had
a note from the hospital, which I have also aquired.  Let's see what
happens.  Thanks for all your help -- I'll let you know the outcome.

---

Clarification of Answer by hummer-ga on 07 Feb 2006 06:37 PST

Thank you, vka2b, for putting my mind at ease a bit. Sounds like
you've gotten good advice and you are on top of the situation,
however, it is always a risky business when major decisions are left
to the discretion of one individual. Here's hoping your interviewing
officer is having a good day by the time you walk in!
Yes, please do keep me up to date. I've come this far with you, it
will be nice to hear that everything works out ok in the end.

Best wishes to your wife, I hope her grandmother is recovering.
hummer

---

Request for Answer Clarification by vka2b-ga on 25 Jul 2006 13:29 PDT

hummer,

I just wanted to let you know that this 2-year (almost) saga that you
have helped me through has finally come to an end, and it ended well
(that means I have good news)!  We just had our immigration interview,
and fortunately, the woman interviewing us was extremely understanding
of our situation with my grandmother-in-law, and stamped my wife's
passport.  I can't tell you enough how much help you have given me --
whether it was guiding me through the process, or being there when I
got myself into the whole situation with the I-131.  Thank you SO MUCH
for sticking this out with me for so long -- I really appreciate
everything!  Take care...

vka2b

---

Clarification of Answer by hummer-ga on 25 Jul 2006 17:33 PDT

Hi, Mr. and Mrs. vka2b!

I'm not kidding, you made me teary. I'm so happy that everything
worked out, you had me worried, there for awhile!  Honestly, I
couldn't believe that you hadn't filed the I-131, if only you could've
seen me with my head in my hands. I thought,  we had been so careful,
planning every step, how could he have let this slip by? So I am
really really glad to hear that all is well, thanks in part to an
official who was having a good day. Phew.

So, you guys are all set and no longer need me. Hmm, I suppose once
the kiddies start arriving, you'll have some questions concerning dual
citizenship for the wee ones...

Take care too,
hummer

---

Clarification of Answer by hummer-ga on 26 Jul 2006 11:37 PDT

Ghost2006 has asked me to refer you to this question:

Subject: For: hummer-ga and vka2b-ga
Category: Relationships and Society > Law
Asked by: ghost2006-ga
Posted: 25 Jul 2006 20:20 PDT
Expires: 24 Aug 2006 20:20 PDT
Question ID: 749555 
http://answers.google.com/answers/threadview?id=749555

This was my first experience with Google Answers and I must say it has
turned out to be beyond my expectations.  The researcher gave me a
prompt and thorough answer, and responded to my follow up questions
very quickly and with the same thoroughness.  It has saved me loads of
headaches.  Thank you very much!

Greetings!

Just wanted to add a commentary to the answer posted. The procedure
outlined works great, but only if you plan to do everything in the US.
If she plans to get married in Canada, don't! It complicates things
severely. A friend of mine really wanted to be married in Canada. They
solved the problems by getting legally married in the US first, and
THEN having the ceremony in Canada.

In addition, it may really be a good idea for her to keep her Canadian
citizenship. If for some reason (and I really hope not) that the US
becomes an unsafe place to live due to whatever reasons (civil unrest,
attacks, terror, etc...), the two of you will have a place to go. If
she gives up her Canadian citizenship, where would you go?


Just some thoughts.

Ed.

Hi Ed,

Thank you for your comment. Yes, I had assumed they would be getting
married in the U.S. since that's where they both are, and that is the
situation I addressed my answer to.
She won't have to do anything to keep her Canadian citizenship because
it won't be taken away upon marriage unless she renounces her Canadian
citizenship. She'll just automatically have dual citizenship.

Regards,
hummer

Thank you for you nice note, vka2b, I really appreciate it and also
for the nice rating and tip. I'm glad we finally managed to get it all
sorted out - I wish all questioners knew how to use the clarification
option as well as you do, it would make all the difference.

I hope I'm the first to offer my congratulations to the happy couple -
fingers crossed that it all goes smoothly without a hitch.

Welcome to GA! 
Sincerely,
hummer

Hummer, you are very welcome.  Thanks again for the help and for your
well wishes.  Take care.

Me again - 

An excellent "Guide to Naturalization":
http://uscis.gov/graphics/services/natz/English.pdf

Sixty pages - very useful.

Cheers,
hummer

Hi vka2b,

Ok, I found it (3 yrs vs 5 yrs) - sorry, I didn't key into the "if you
are married to a U.S. citizen". Your wife will fall under the 3 year
requirement (after she is married to you for 3 years).

PAGE 18: TABLE OF REQUIREMENTS: 
*5 years as a Permanent Resident without leaving the United States for
trips of 6 months or longer
OR
*If You Have Been Married to a U.S. Citizen for at Least 3 Years:
3 years as a Permanent Resident without leaving the United States for
trips of 6 months or longer
http://uscis.gov/graphics/services/natz/English.pdf

I'm sorry I misled you,
hummer

Hummer,

Wow, even after this question has been rated and closed you are still
looking out for me -- that's what I call genuine dedication -- thank
you very much!

Reading your followup comment sparked another question in my head that
I'm hoping you can answer without too much effort -- the main reason I
was so concerned about my wife being able to travel during that
waiting period before the interview is that she was intending for us
to go back to Canada in August 2005 for a friend's wedding (we would
be getting married 2 months prior, in June 2005).  I'm assuming that
paperwork for the I-31 probably wouldn't go through that quickly, so
would it make more sense for us to wait to sign the official marriage
papers until AFTER August 2005 so that we wouldn't have to worry about
her coming back into the country after her friend's wedding?  Let me
know what you think if you get a chance...thanks...

vka2b

You're welcome, vka2b, I guess I'm just a romantic at heart.

Well, the New York USCIS office has very long processing times (4+
months) for the I-131. Therefore, I guess it wouldn't hurt to delay
the legalities for a few months.

New York City Office are now processing I-131 applications that were
received August 27, 2004:
https://egov.immigration.gov/cris/jsps/officeProcesstimes.jsp?selectedOffice=49

This is a good link to bookmark for processing times:
https://egov.immigration.gov/cris/jsps/ptimes.jsp

Enjoy yourselves tonight - are you going to Times Square? If so, wave
at the camera and I'll wave back - I'll just look for the person with
the Maple Leaf on her jacket 8-)

Take care of yourselves,
hummer

Let's change that to "Therefore, I guess it wouldn't hurt to delay
the legalities for a few months" as long as your bride will still be
"in-status" at the time.

Vka2b, I have to ask something. Exactly what kind of visa will she
have after she graduates (j-#, f-#, etc)?

Yes, believe it or not, I do have a life!
hummer

Hummer,

I guess this is something I never even mentioned -- all of the
legalities would actually be taking place in Virginia, not New York. 
My fiancee is currently going to school in NY, but I live in VA, and
that's actually where we plan on living (yes, we're doing the
long-distance thing)!

So, I guess we will end up delaying the paperwork, because I believe
she will still be in-status.  I'm not sure what kind of visa she will
have after she graduates, but I think it's an F-1.  I'll find out for
sure thought and let you know.

Thanks again, I hope you have a good night tonight too.  We will not
be at Times Square though, because I'm in VA and she's not even in the
country (she's doing a bit of travelling during her break from
school)!

vka2b

Hummer, basically you asked me a follow up question and I responded,
but I haven't heard back from you -- I'm guessing it's because this
question has been closed.

Essentially my question is this -- my fiancee is on an F-1 visa and I
believe it is good for a few months after she graduates.  If we
proceed with the wedding and get all the forms filled out for her to
be a citizen, does that null out the F-1 visa?  The reason I ask is
that because if it doesn't, then my previous concern doesn't matter
(her getting back into the country while the paperwork is being
processed).  If it does, then I am going to wait to do the court
marriage until after we've done our travels outside the U.S.

Dear vka2b,

I am so sorry that you have been waiting for my response. You had said
"I'm not sure what kind of visa she will have after she graduates, but
I think it's an F-1.  I'll find out for sure thought and let you
know." and so I was waiting to hear back from you! Please expire the
new question that you posted for me, you are welcome to post as many
comments/clarifications that you need here, regarding your original
question.

I had assumed it was an F-1 but thought I'd better ask.  Had it been a
J-1, my answer would've needed to be revised, but given that it is an
F-1, all is well.

Ok, let's try to straighten things out a bit.

Option One (preferred):
Go to Canada
Have a ceremony
Return to the U.S.
Get married
Apply for an adjustment

Option Two ("intent to immigrate" possibility):
Go to Canada
Get married
Return to the U.S.
Apply for adjustment

In both options, she'll apply for the adjustment while in the U.S.
*after* she returns from Canada. Therefore, I'm not exactly sure what
you mean by "The reason I ask is that because if it doesn't, then my
previous concern doesn't matter (her getting back into the country
while the paperwork is being processed)."  In your scenario, when did
she apply for the adjustment? In other words, she needs to be married
AND in the U.S. to make her application, therefore, her application
will not have been submitted yet whether she gets married in Canada or
the U.S.  However, the important point to remember is, if she is
married when she re-enters the U.S., there is a very real possibility
that the U.S. will refuse her re-entry because of  "intent to
immigrate", as I explained earlier.

Please let me know if I'm missing something and there is another
option you are considering. Don't forget, that while her application
is being processed, she will be able to travel with permission.

Advance Parole:
http://uscis.gov/graphics/services/Emergency/index.htm#Advanced

I hope that is clear.  Again, I'm sorry if you've been waiting all of
this time to hear back from me. Don't forget to expire/close your new
question.

Sincerely,
hummer

p.s. If she has the ceremony (not marriage) in Canada, make sure not
to pack your car with wedding leftovers upon your return - would be
better to pop it into the mail.

Hummer,

Good to hear back from you -- no need to apologize -- you are right,
from my last comment, it appears that you were rightfully the one who
was waiting for an answer!

I think I may have over-complicated this, so let me try to simplify --
here is the basic scenario I am concerned about:

Scenario 1:
1-Go to Canada
2-Have a ceremony
3-Return to the U.S.
4-Get married
5-Apply for an adjustment
6-Apply for an I-31 in order to leave the country while adjustment is filed
7-Leave the country (e.g. honeymoon, back to Canada to visit, etc).
8-Return to the U.S.

Now, under normal circumstances the only way that steps 7-8 would work
is about 4 months later, after the I-31 cleared, which is not ideal. 
So, my question is would it make more sense to do this:

Scenario 2:
1-Go to Canada
2-Have a ceremony
3-Return to the U.S.
4-Leave the country (e.g. honeymoon, back to Canada to visit, etc).
5-Return to the U.S.
6-Get married
7-Apply for an adjustment
8-Apply for an I-31 in order to leave the country while adjustment is filed

This assumes that steps 4-5 can happen because of her current F-1
visa.  So you can probably see where I'm getting at -- I'd like to be
able to leave the country after the wedding for a honeymoon, but I
don't want to wait 4 months to do it.  Scenario 2 isn't ideal because
it means delaying being officially married, but it seems like the only
way.  And that's basically what I wanted to verify with you.

Thanks for all of your help -- I really appreciate it.  Please let me
know if you need any clarification.

Hummer,

BTW, I can't figure out how to close/expire my new question -- can I
not do it because it's locked?  Could you tell me how to do it if you
don't mind?  I didn't see anything about that in the FAQ's.  Thanks!

Hi again,

Yes, I see. What confused me was your statement "(her getting back
into the country while the paperwork is being processed)." What
paperwork? Her application won't be filed yet.

So to answer your question, yes, scenario # 2 sounds fine, as long as
you are not legally married in any way and never cross the border with
the "intent" to marry. Sounds good to me and all perfectly legal, but
if you want to be 110%, consult an immigration lawyer. At least you
will now have in hand a clear plan to present, which should save
valuable lawyer time.

In regards to expiring your other question, I think it will become
clear how to do it when it is unlocked (I've never done it so I can't
tell you exactly what to do). Right now it is on an automatic lock by
GA because you used the G-word in the question - the editors should
unlock it soon.

Best wishes,
hummer

Hummer,

Ok, I think I'm straight now (thanks to you).  Once again, I really,
really appreciate all of your help.  You made things a lot easier on
me.  It was nice of you to stick it out until the end and keep
answering all of my follow-up questions.  Thanks again!

Best Wishes,
vka2b

Hummer,

Thanks for your message.  We were actually in Alberta, so yes, it was a bit wet!

I can see your point about not messing with 'intent to immigrate.' 
The only reason I was considering it is because of her pressing
medical issue, which would be tough to handle without insurance.  As
for her school, she no longer has insurance through them because she
has officially graduated -- she is now on an OPT visa since she is
technically a student/worker (doing sort of a residency program).

Anyhow, I think it's best to just stick to the original plan and just
wait -- hopefully everything will be okay.  Thanks again for all of
your help -- I really appreciate it.  Take care!

vka2b

Hi hummer,

Long time no talk -- I hope you are well.

I have another question related to this -- it should be quick -- I
hope you don't mind me bugging you about this again.

I'm getting conflicting information (at least in my mind) about where
to send my applications now that I'm ready to go through all this.  On
the one hand, I read that if filing the I-130 and I-485, concurrently:

"If the I-130 petition is being filed concurrently with Form
I-485, Application to Register Permanent Residence or to Adjust
Status, submit both forms at the local INS office having jurisdiction
over the place where the I-485 applicant resides"

Since both my wife and I reside in Virginia, this would mean that I
should send both forms to the Vermont office, which has jurisdiction
over Virginia.  However, in the instructions for the I-485, it says:

"Aliens who are immediate relatives of a U.S. citizen, as defined by
section 201(b) of the Act, and are filing based upon an approved,
concurrently filed, or pending Form I-130, Petition for Alien
Relative" should send to:

U. S. Citizenship and Immigration Services
P.O. Box 805887
Chicago, IL 60680-4120

Do you know which one I should submit to?  Also, do I just stick them
both in the same envelope and mail them off at once?

Thanks so much for your help!

Dear vka2b,

It's nice to hear from you and I'm glad to hear everything is moving
along as planned and that all is well!

According the the USCIS website, all of the following documents are
sent to Chicago in one envelope.

Family-Based Applications
  Immediate Relatives
  If you are the immediate relative (spouse...) of a U.S. citizen,
submit the following forms:
   * I-485, Application to Register Permanent Residence or to Adjust Status
   * G-325A, Biographic Information
   * ...your original I-130, Petition for Alien Relative (if you are
filing concurrently)...
   * I-864, Affidavit of Support
   * I-693, Medical Examination of Aliens Seeking Adjustment of Status
   * All required supporting documentation as listed on the above forms. 
You may download a package of all of these forms in PDF format (41 pages, 1.89 MB).
Where to File:
Effective December 1, 2004, if you live in ...Virginia ...you will
need to mail your application to:
U.S. Citizenship and Immigration Services
P.O. Box 805887
Chicago, IL 60680-4120
http://uscis.gov/graphics/formsfee/forms/i-485.htm 

It wouldn't hurt to call your local office and confirm that.
http://uscis.gov/graphics/fieldoffices/norfolk/aboutus.htm

Take care,
hummer

As always, thanks for your help, hummer.

Hummer,

Just thought I'd follow up with you and let you know that I submitted
all the paperwork about a month ago.  Please keep your fingers crossed
for me and we'll see what happens!

Thanks again for all of your advice -- I couldn't have done it without your help.

vka2b

Hi vka2b,

How exciting! Thank you!  I guess the keyword is *patience* now.  Keep
me posted - fingers and toes are crossed.

Cheers,
hummer