I'm Canadian & married a USC but don't know the steps to take :-( Very scared. Love him soo much. Just came over to spend time with him & couldnt bare leaving him so we got married. Wasn't aware that it was illegal to come over with no passport & no visa. Everyone is saying soo many different things that now we are scared & confused. Can someone please help??? It cost soo much money for a Lawyer & have heard bad stories about people being deported & ripped away from loved ones. Take care & thankyou soo much for your time.

Love is blind, eh?

Unfortunatelly you'd have to go back ot Canada, get a passport and apply for a spouse K-3 visa.

See , that is what I don't understand. The Court House told us that by us getting married it made me an American Citizen. Of course someone else told me that if I go back before everything is settled I can't come back & now you are telling me to go back to get a passport & visa!!! We were talking to a Lawyer & he said that we did nothing illegal & that Canadians don't need a passport or visa to come over. He also said that we need to file a petition for relative. Soo many people saying soo many diff things!! I wonder if anyone really knows or if it's a big game just to keep things going on longer & cause more heartache & use up a pile of our money??? I find it hard to believe that someone doesn't know the proper steps to take without all this. A Lawyer cost $3000.00 & I'm sure that will only be the beginning. I don't want to ask him to move to Canada since he has family & a business here.

Dear Angel,

File your Adjustment of Status (AOS), that can make you a Permanent Resident. Since you already here, you don't need to go back to Canada coz' they won't allow you to come back in without proper visa like K3 (thats spousal visa) and it will take about 3 - 9 months or longer, depends on the consular which process your case.

If you don't want to be separated, file the AOS and the cost of filing it less than $1,000. But you have to have proper documentation like I-94 (this slip normally you get when you enter US), but if you travel without passport I don't know how the procedures. May be you can call BCIS and ask them. Do you have any proof how you enter US? Any documents?

Your husband income must be about 125% poverty line to sponsor you. Check in BCIS site and you know what I mean. Its quite a simple process and if you confident how to do it, you can do it by yourself. But please do lots of reading and research.

There is a way, don't get panic. As long as you know that you're not a criminal :).

One more thing, just by married with US Citizen doesn't mean you can be US Citizen automatically. There is lots of documentation and works to do. After 5 years marriage and your Permanent Resident status you can apply for citizenship. So what the court house lady told you somewhat right and somewhat not. For the time being, you only eligible to apply for Adjustment of Status (AOS). Good luck :)

a friend of mine who's USC living in NYC just married his Canadian g/f.
she was here visiting him, they didn't apply for K-1 or anything like this - just got married.
and i must tell you, they're not worried at all.
they're together all the time and she's gonna apply for AOS.
they said they knew what they were doing, consulted a lawyer, etc.
considering that i don't think you should worry, just go for AOS.

oh yes, they also travel to Canada together to visit her family.

Why would anyone listen to a court house lady? Was she a cleaner at the Courthouse? Marrying USC and applying for AOS starts a process thats very long. Must be married AND be LPR for 3 years to become USC among other things. I would say apply as early as possible coz u never know whether USC can leave you either by choice or in death next day and they ship you a*s back home.

Angel-

Canadians have been allowed to enter the US without a visa and without a passport, so those two facts aren't necessarily a problem. The entry is similar to the visa waiver program, which lets citizens of certain countries enter the US for up to 90 days without a visa.

Now that you have married a USC, you should file for adjustment of status, which requires filing an I-130, I-485, I-765, and I-131 with BCIS. You should NOT leave the US until you have done this and have been issued an advance parole travel document. If you return to Canada, then try to reenter the US as a tourist, if Immigration finds out that you are married to a USC, they will not allow you to enter the US. It is much safer for you to proceed with the AOS process before you travel.

How long this process takes varies by where you are in the US, as some BCIS offices process marriage-based applications quickly, others don't. I'd suggest that you contact an immigration lawyer in your area for assistance with this process. While it's true that you can file without a lawyer, if there is any chance that your entry to the US was illegal, an attorney can better advise you on how to proceed and the consequences of that.

Viscon,

As long she do not take flight, thats fine coz' she don't need to show her passport. But once the Port Entry Officer know that she married with US Citizen with Visitor Visa and do not adjust her status and also without Advance Parole, she will be in a very big trouble, her entry will be denied on the spot and she cannot enter until her K3 approved. What I can say, she just lucky so far.

I have a friend who go and by with her husband for 6 years with visitor visa and the last year she got caught and thats it! 10 years bar of entry. Her visitor visa was cancelled on the airport itself and she have to return on the next flight.

Well, it depends on individual, if they willing to take the risk, they can, if not, just do the necessary things. My advice apply for Advance Parole if you want to travel coz' you won't know when you gonna get caught. I'm not a lawyer, act accordingly.