How to Adjust Status for a Marriage Green Card as a Canadian Citizen Visiting Your Fiancé in the U.S.
Are you a Canadian citizen visiting your fiancé in the U.S. and wondering how you can stay together permanently, even though your initial plan was just to visit? You’re not alone, and the good news is that you have options. The journey to obtaining a marriage green card can seem overwhelming, but it doesn't have to be. This guide will walk you through the two main pathways: adjusting your status while in the U.S. or going through consular processing.
Whether you’re here on a visitor visa, ESTA, or have simply found that your romantic journey has taken an unexpected turn toward the altar, there’s a way forward for you. Let’s explore how you can stay with your loved one and make your dream of living together in the U.S. a reality.
Section 1: Understanding Your Pathways to a Green Card
Two Main Options for Canadian Citizens: Adjusting Status vs. Consular Processing
If you’re a Canadian citizen in the U.S., you have two primary options for obtaining a marriage green card:
1. Adjustment of Status (AOS): This process allows you to apply for a green card while physically present in the U.S. It means you can remain with your U.S. citizen spouse during the entire process.
2. Consular Processing: This is where you apply for your green card from outside the U.S., typically at a U.S. consulate or embassy in Canada. You’ll attend an interview there, and upon approval, you’ll enter the U.S. as a permanent resident.
Important Note: Adjusting status is only an option if you had no intention of staying permanently when you first entered the U.S. You must have entered with a non-immigrant intent, meaning you were genuinely visiting and didn’t plan on applying for a green card when you arrived.
Section 2: Adjusting Status While in the U.S. on a Visitor Visa
The Adjustment of Status Process Explained
If you decide to adjust your status, here’s how the process works:
Step 1: Getting Married to Your U.S. Citizen Fiancé
- You must be legally married to your U.S. citizen fiancé before you can adjust your status. There’s no waiting period after your marriage to start the process.
Step 2: Filing Form I-130 (Petition for Alien Relative) and Form I-485 (Application to Adjust Status) Simultaneously
- Form I-130 establishes your spouse’s relationship with you, and Form I-485 is your application to adjust status to a lawful permanent resident.
- You can file both forms concurrently, along with supporting documents such as proof of your relationship, your marriage certificate, and evidence of your U.S. citizen spouse’s financial capability to support you.
Step 3: Attending the Biometrics Appointment and Interview
- You’ll be scheduled for a biometrics appointment where your fingerprints, photo, and signature are collected.
- An interview will be scheduled at a USCIS office where you and your spouse will answer questions about your relationship.
Step 4: Waiting for the Green Card Approval
- Once approved, you’ll receive your green card in the mail, granting you permanent residency.
The Importance of Immigrant Intent – What It Means and Why It Matters
What Is Immigrant Intent?
- Immigrant intent means that you entered the U.S. with the intention of staying permanently. This could be when the foreign national is here on a TN visa, H-1B visa or a visitor visa such as a B2 visa.
- When entering on a visitor visa, you must not have had this intent. Adjusting status is only an option if your desire to stay arose after you arrived.
Real-Life Examples of Changing Intent
Sometimes, life takes unexpected turns, and your plans change. Here are some examples of situations where intent might change:
1. Health Concerns: Your U.S. citizen fiancé’s health has declined unexpectedly, and they need your support. This change in circumstances can prompt you to stay together permanently.
2. IVF Consultation Results: An IVF consultation revealed poor fertility, causing you to accelerate your marriage plans to start a family sooner. This is a legitimate reason for changing your intent after entering the U.S.
3. New Opportunities: An unexpected job opportunity or educational program in the U.S. becomes available, making it practical for you to stay together.
4. Pressure from traditional families not being comfortable with their children in long-distance relationships. Sometimes families can insist that couples stop having a long-distance relationship and settle down. We represent many clients in traditional situations such as arranged marriages with successful results.
“I got to know Sharon Khunkhun, Attorney at Law, through my mom. My mom said that she was professional, showing knowledge and compassion from the first moment my mom met Sharon. She immediately provides accurate advice on the person’s difficulties and shows the best way to solve them. I agree with my mother’s opinion about Sharon. Thanks to Sharon’s advice I became a US citizen in I think a record time - within four months. I highly recommend Sharon’s service and I would like to thank her very much for her help for me.”
Benefits of Adjusting Status as a Canadian Citizen in the U.S.
- Stay Together While Applying: You don’t have to leave the U.S. to complete your application.
- Employment Authorization: You can apply for a work permit (EAD via USCIS Form I-765) and potentially receive it while your green card application is processed.
- Advance Parole: You can apply for advance parole, allowing you to travel outside the U.S. while your application is pending.
Drawbacks of Adjusting Status
- Risk of Unauthorized Employment: If you worked without authorization before filing, it could complicate your case.
- Proving Intent: You must convincingly show that your intent changed after you entered the U.S.
Section 3: Consular Processing as an Alternative Pathway
What Is Consular Processing for a Marriage Green Card?
Consular processing is when you apply for a green card from outside the U.S., typically at a U.S. consulate in Canada. Here's how it works:
1. Get Married: Marry your U.S. citizen spouse.
2. Submit Forms: Your spouse files Form I-130, and once approved, you’ll receive instructions to proceed with the consular process.
3. Attend the Visa Interview: You’ll attend an interview at the U.S. consulate in Canada, where your case will be reviewed.
4. Receive Your Immigrant Visa: Once approved, you’ll enter the U.S. as a lawful permanent resident.
Pros of Consular Processing for Canadian Citizens
- Straightforward Process: You remain in Canada while waiting, with a clear path to follow.
- No Issues with Unauthorized Employment: Since you remain outside the U.S., there’s no risk of complications from working without authorization.
Cons of Consular Processing
- Separation from Your Spouse: You may be apart while waiting for your visa for 1.5 years to 2 years.
- Travel Arrangements: You’ll need to travel to a U.S. consulate for your interview.
Section 4: Comparing the Two Options: Which Is Right for You?
Key Factors to Consider When Deciding Between Adjustment of Status and Consular Processing
1. Urgency to Be Together: Do you need to stay in the U.S. with your spouse, or can you wait in Canada?
2. Employment and Travel Needs: Do you need to work or travel during the process?
3. Comfort with U.S. Immigration Processes: Are you prepared to handle the paperwork and interviews involved?
4. Intent Requirements: Was your intent genuinely non-immigrant when you entered the U.S.?
Section 5: Common FAQs for Canadian Citizens Adjusting Status or Consular Processing
Frequently Asked Questions
1. Can I adjust my status if I entered the U.S. on an ESTA?
- Generally, yes, but you must not have entered with immigrant intent.
2. Is it legal to get married on a visitor visa if I didn’t intend to immigrate initially?
- Yes, as long as your intent to stay permanently arose after you entered.
3. How can I prove that my intent changed after entering the U.S.?
- Provide evidence such as medical reports, job offers, or personal affidavits explaining your changed circumstances.
Section 6: How We Can Help You with Your Green Card Journey
Why Choose Our Immigration Services?
- Experience with Canadian Citizens: We specialize in helping Canadian citizens adjust status and navigate the consular process.
- Guidance on Documenting Intent: We know how to present evidence that shows your intent changed after entering the U.S.
- Tailored Support: We offer personalized advice and step-by-step assistance, ensuring your journey is as smooth as possible.
Conclusion
Start Your Green Card Journey with Confidence
Deciding between adjusting your status or consular processing is a big step, but it’s not one you have to take alone. Remember, the key is demonstrating your genuine intent and understanding your options. Reach out to us today for a consultation, and let’s get you started on the path to living happily ever after with your loved one in the U.S.
Your journey matters to us because we've been there, and we're here to help you every step of the way. Let's make your dream a reality together. With the right approach, the marriage green card process can help you build a future in the U.S. with your spouse while allowing you to achieve your immigration goals. Should you or your loved one have any questions or need representation, please do not hesitate to contact us. Although we are located in New York City we represent clients all over the 50 states of the US. Call us, email us at info@khunkhunlaw.com or review other options to get in touch with us for an immigration consultation. If you are ready to schedule a consultation you can find a date that works for you and book your Zoom meeting with Sharon Khunkhun here. We have represented many clients with successful results even with the most difficult set of facts.