[Jr_Bullit]

Hellos -

Quick question: have any of you folks out there that are either a) Non-US citizens, but married a US spouse
or b) US citizens married a non-US-er
Gone through the US immigration process?

Looking on the US.gov website, it appears that my guy would get his visa number pretty darned quickly, but I was just curious how quickly - are we talking months? or weeks? or days? Anyone know?
With gov't I tend to lean towards the side that it's gonna take More time, rather than less...but I was curious who else has done it and how hard it was for you/your spouse?

Next question: We're considered 'common-law' up here in Canadia (current place of residence) and I'm legal up here, but the rainy weather is just abominable and after a no-fun summer we're moving south, at least for the winter. I know that the US doesn't consider common-law acceptable, and we have to go through the whole rigamarole of an actual wedding (snore) - but I was trying to figure out if I can arrange for a work-permit for my guy before we tie the knot (the tying of the knot bit will be done in Vegas, after we find a good quality tattoo artist and we'd prefer if we're both legal to work as soon as we arrive), if we have a date set...anyone know?

Thanks for the tips and tricks y'alls! (if any are forthcoming)

Jen

 

[TreeSaw]

Jen - I think your sweetie can get a Fiance Visa and would be eligible to work when you arrive, but I am not 100% sure as I haven't personally gone through the process.

Where are you thinking of moving too?

 

[BMXman]

hmm...I can't really comment on going from Canada to the US...but if you need any info on coming from the US to Canada...I'm your guy...just drop me a PM....D

 

[valve bouncer]

PM Partsbara. Search threads he started and there should be some info there.

 

[SkaredShtles]

<snip> I know that the US doesn't consider common-law acceptable

Huh? Here in Colduhrado you're considered common-law after 6 months of cohabitation... at least I think that's how long it is. I'm pretty sure the "acceptability" of common-law varies state to state.

 

[Jr_Bullit]

Hi guys - thanks for the responses.

SS - it's not that you can't be 'common law' in the US - you just can't claim a spousal visa if you're common law. The other types of Visa's available are more lottery style from what I've read. And - this is Federal level, nothing bout State by State.

We're gonna head to Vegas for the winter. We've been considering moving either there or St. George.

BMX Man - thanks for the offer! I got my residency a few months back for Canada, so we can more easily live in both places (we travel so much that we're about 6 months in Canada and 6 months in the US each year).

Thanks again!

Jen

 

[Jr_Bullit]

Thanks for the link Treesaw! I've been on a lot of sites, and the US.gov folks seem to dissuade using 3d party packages (that you have to pay for) - but I think I can find the forms on the US site that these guys are reference too...

 

[geargrrl]

Huh? Here in Colduhrado you're considered common-law after 6 months of cohabitation... at least I think that's how long it is. I'm pretty sure the "acceptability" of common-law varies state to state.

they still do that? Gosh, *cough* twenty some odd years ago we claimed common low, as two cohabitating college students, to save $$ on car insurance.

 

[SkaredShtles]

they still do that? Gosh, *cough* twenty some odd years ago we claimed common low, as two cohabitating college students, to save $$ on car insurance.

Fur as I know the time period hasn't changed.

 

[SkaredShtles]

Hi guys - thanks for the responses.

SS - it's not that you can't be 'common law' in the US - you just can't claim a spousal visa if you're common law. The other types of Visa's available are more lottery style from what I've read. And - this is Federal level, nothing bout State by State.

Ahhh... I don't know $hit about it, then. Carry on...

 

[MMike]

If I recall correctly, you have to be in (and set up in) the US already to then bring your guy in on a fiance visa.

My green card (in 2002) took just about a year. But I got my alien work authorization about 4 months after I sent it my application... but I was already IN the US when I applied.

 

[Jr_Bullit]

If I recall correctly, you have to be in (and set up in) the US already to then bring your guy in on a fiance visa.

My green card (in 2002) took just about a year. But I got my alien work authorization about 4 months after I sent it my application... but I was already IN the US when I applied.

Hmm - good to know. I still maintain a residence in the states for a lot of things because Canada gave me such a hard time about transferring my DL/Car Registration/Insurance when we still spend 6 months of the year there. I wonder if I could send in his paperwork using my us-based permanent residence...?

 

[Silver]

Yeah, this is going to be more of a pain in the ass then you think. Much easier if you're married. If you're sure he's the one, you'd save yourself a bunch of hassle by saying I do.

(Canuck married to a US citizen. Not legal advice. Seek a qualified immigration attorney. He won't be able to travel while you're his application is processing without a special waiver that's a pain in the ass to get. Something else to think about.)

 

[MMike]

He won't be able to travel while you're his application is processing without a special waiver that's a pain in the ass to get. Something else to think about.)

Oh that's right!! I got one of those to go to Masters Worlds....it wasn't hard to get but it was a different world back then......

 

[Jr_Bullit]

Yeah, this is going to be more of a pain in the ass then you think. Much easier if you're married. If you're sure he's the one, you'd save yourself a bunch of hassle by saying I do.

(Canuck married to a US citizen. Not legal advice. Seek a qualified immigration attorney. He won't be able to travel while you're his application is processing without a special waiver that's a pain in the ass to get. Something else to think about.)

He can't even travel on his Canadian passport between US/Canada? That's retarded. I was at least allowed to travel around on my US Passport while getting my Canuck residency - you just can't claim to already be a resident where you're not. Though I do recall some fine print about him being required to escort me around after my residency was granted.

This whole thing is enough to make a person crazy!

 

[MMike]

He can't even travel on his Canadian passport between US/Canada? That's retarded. I was at least allowed to travel around on my US Passport while getting my Canuck residency - you just can't claim to already be a resident where you're not. Though I do recall some fine print about him being required to escort me around after my residency was granted.

This whole thing is enough to make a person crazy!

That would be a negative. The US insists that if you want to be in that great country of theirs, you can stay put until everything is sorted out...

I had to have permission to return to Canada while my green card was pending....

 

[Silver]

He can't even travel on his Canadian passport between US/Canada? That's retarded. I was at least allowed to travel around on my US Passport while getting my Canuck residency - you just can't claim to already be a resident where you're not. Though I do recall some fine print about him being required to escort me around after my residency was granted.

This whole thing is enough to make a person crazy!

My grandmother way very sick. I had to get a letter written by her doctor, mailed over (not faxed) and then I had to send that in to the INS. They lost it, so I had to do that again (and the second time they said fax was okay, after my lawyer ripped someone a new asshole.)

Oh, and by the way...to get "advanced parole" you need to have all your travel arranged. I finally got mine 2 days before I had to fly, after making a special trip, with said lawyer, down to the federal building in Santa Ana. Fun stuff...

 

[bean]

Fur as I know the time period hasn't changed.

There is no set period of time. Cohabitation is one aspect, but there are other factors. In order for common law to occur the couple also has to make a public declaration that they're married, such as filing taxes jointly, getting insurance together, the female taking the males last name, etc. So a couple could live together for twenty years and not be common law married if they present themselves and boyfriend and girlfriend, or they could be living together just a month or two be married if they've made that public declaration.

</threadjacking>

 

[Jr_Bullit]

Okay...so hows about this idea.

I own a wee small company (US based) - can I hire him and claim that no one else in the world can do his job as well as he can? I'd call him my...err...consultant...ya, that's it!

 

[Jr_Bullit]

There is no set period of time. Cohabitation is one aspect, but there are other factors. In order for common law to occur the couple also has to make a public declaration that they're married, such as filing taxes jointly, getting insurance together, the female taking the males last name, etc. So a couple could live together for twenty years and not be common law married if they present themselves and boyfriend and girlfriend, or they could be living together just a month or two be married if they've made that public declaration.

</threadjacking>

Does it count as public if Canada considers us married?

Regardless - we're still doing something goofy in Vegas this winter so this whole 'you're not married' crapola goes away.

 

[Silver]

Okay...so hows about this idea.

I own a wee small company (US based) - can I hire him and claim that no one else in the world can do his job as well as he can? I'd call him my...err...consultant...ya, that's it!

Good luck with that.

(If one of you blows the interview, the INS will say that he's committed immigration fraud and he won't be allowed into the US at all.)

 

[valve bouncer]

Good luck with that.

(If one of you blows the interview, the INS will say that he's committed immigration fraud and he won't be allowed into the US at all.)

All the immigration goons ever get from me is "yes sir, no sir, three bags full sir". I play it straight down the line. These guys (whatever the country) have the literal capacity to ruin your life. Don't play games with them.