K Visa American marrying Canadian in NYC

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bgrady

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Hi, any advice you can give will be helpful. Thanks in advance.

I am an American citizen and I am about to marry my boyfriend of 5 years, who is a Canadian. He has lived in NYC for 5 years, 4 years of which was on a TN visa. After getting laid off, he was required to return to Canada for lack of a visa. Now, he is a "tourist" who visits me often (still lives here, but returns to Canada when necessary). He is also collecting unemployment from the US government in Canada.

We have been engaged for 6 months, and decided to go ahead and have a civil service here in New York City. We just returned from Canada for the holidays, and are getting a little nervous about what lies ahead. We want to have a full picture of what paperwork and steps we should be taking, but cannot afford an immigration lawyer. Here are my questions:

1. Since we just returned to the US yesterday (12/27/04), will it be okay to get married this week? Or should we wait a specific amount of time?

2. Is there a pro bono organization in NYC that might help us sort this out?

3. Should we just get married and then:

- I file a "petition for alien relative" on Form I-130
- He files an "Application for Adjustment of Status"
- At the same time we file biographical forms, and a Medical Examination Form I-693 and the affidavit of support Form I-864

4. What is the I-95 or I-94W card?

5. He does want to work ASAP in the US, when do we file for the "employment authorization" on Form I-765 - after all the other forms or at the same time?

Thank you so much for reading this, we are getting overwhelmed, and I want to keep it in perspective and be as organized as possible.

-BGrady
 
Basically you have listed the way you need to go:

First you marry. You can marry any time.

Then you as the American citizen have to file the I-130 petition with all the accompanying paperwork, most important the affidavit of support showing that you can "afford" to support your husband.

If he is legally in the country he can file at the same time an application for Adjustment of Status. He needs his I-94 or I-94W card, that is the card he got at the border, showing that he is legally in the country as a tourist.

Also, at the same time he can file the application for employment authorization.

You can download all the forms needed from the USCIS website, they also explain how to file things and list the fees.

Once he has filed the application for AOS he should not leave the country without a reentry permit, otherwise he will not be allowed to reenter the country until his green card has been approved, which might take 12-18 months.
 
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