Banking - What to do in Canada First

General:
Below is a post submitted by three of our e-mail list contributors, Catherine, and then another by Jeremy, then a note from Shannon. Feel free to contact either, as all of them have first hand experience with this. Here are their posts, in response to someone else wanting some general information. Remember, each of these posts should NOT be considered legal advice - but simply three people who have dug up information on their situations.

The reason I suggested that you marry in the states has to do with the process of becoming a "conditional permanent resident". If you marry here, once you file for an adjustment of status, you are able to live & work in the US until the interview with the INS comes up. If you marry outside the US you will have to wait it out in your home country. I chose to marry quietly here, and had a minister perform a "confirmation of marriage" (or some such thing) for what I call my wedding back home. The minister completely understood the circumstances & not even my maid of honor realized that what she signed was not the marriage certificate.

4. Immediately at the time of filing my status changed (to pending adjustment of status), and I was given an alien registration card that entitled me to work wherever I wanted (the I-94 for my TN was removed & I was no longer in the US under TN status); I also received the date & time of the interview (approx. 3 months later, but this will vary according to the location of the INS office. Mine is particularly fast - some people what a year or more);

Note that during the time between filing and the actual interview you need a special document, called "advance parole", in order to leave the US; (if you leave without it, when you return to the US your application will be voided and you will have to start over again!)

5. Attended interview with INS which went very smoothly - immediately I became a conditional permanent resident and an entry was made in my passport to indicate this; eventually I will receive an actual "green card".

You can request the appropriate forms from the INS by calling the 1-800 number & talking to an INS agent. I believe they refer to the this particular set of forms as a "one step". (The combined filing fee cost will be approx. $400, plus the cost of a medical exam from one of the doctors on the approved list which will also be mailed to you.)

I did engage an attorney as I find the INS a little spooky, and I wanted the process to go as smoothly as possible. (I'll be happy to pass on her name & number if you are in the Twin Cities area. She is quite down to earth & answered a lot of my questions before I decided to hire her.) With some patience, however, you can go through this process without a lawyer. As a Canadian here legally and married to a US citizen - you probably have the most straightforward case that the INS deals with.

You can get the forms and start filling them out at any point (the sooner the better!), but if you actually marry somewhat later you will need to make sure that neither the application forms nor the filing fees have changed. Once married, you go to your appropriate INS office (you can locate the correct one on the INS web site - it is determined by your address) and file.

Conditional permanent residency is valid for two years, after which one is eligible for regular permanent residency. 90 days prior the end of the 2 year conditional resident status, I will have to file for another adjustment of status - this time for permanent residency. If all goes well, I will once again have my status changed. Permanent residency (as opposed to conditional permanent residency) is pretty close to landed immigrant status in Canada. After a total of 5 years of residency status - the conditional & regular permanent residency both count - I will be eligible to apply for citizenship.

There are a huge number of details, and I'm sure that I have missed some. Please feel free to ask lots of questions. If you like you can give me a e-mail & we can talk some more about this! Even though I am here in Minneapolis, I talked to another Canadian who had gone through the same thing out in LA which I found quite helpful. Sounds like the INS there is much busier than here in Minnesota!

As someone who went the marriage route to Green Card (married a US citizen), I can say that it doesn't take two years to get status. If you're married, and have prepared all your paperwork (including medical exam) you show up at Bloomington and get an instant EAD (unrestricted work authorization). They schedule the interview right there and send you to get fingerprints. I filed in January 2001, fingerprinted in February 2001, interviewed in May 2001. They gave me a "permanent resident" stamp right in my passport upon successfully passing the interview (which took all of 12 minutes). Still waiting for the actual card to come in the mail, but my GC status is good as of the interview.

(I should mention that I've heard of people who've gone through absolute hell at these interviews - this is back several years - but my current sense is that the INS right now is shuffling people through at an incredibly fast pace, not really bothering to scrutinize that carefully -- which is good for people like you and me, I suppose. Oh - and not to brag, but I did a magnificent, stunningly thorough job on preparing the paperwork - that

The two years comes when you have to "renew" your status - this applies only to newlyweds who have been married less than two years. You just have to show up two years after you get your status and get the "conditional" part removed. 'Course this means you still have to be married and on cooperative terms with your spouse.

I agree with Neil -- stay on TN until you have your marriage certificate (if you can) and then file as a spouse of a citizen - the fiance thing (K-1 I think) really looked to me like an extra headache, not to mention extra cost - more fees, blah blah.

I also agree with the person that advised you to get married in the US -- that way you can present a nice American marriage certificate, in English, that's traceable to county records in an instant. You don't want the slow minds at the INS choking on anything - make it easy for them - for your sake!

Sharon's Notes:
I married an American and I am at the 2 year mark. At this point there is one form, however you are responsible for gathering proof of your marriage (beneficiary benefits, mortgage/lease, birth certificates of children). Also, you must submit a min. of 2 (2 different people) written letters supporting your relationship in detail. Also, these people who are writing to support your marriage must have know you and your spouse prior to the marriage and are willing to testify on your behalf. I am assuming I have another interview ahead of me. Plus another $125. You can only submit the forms 90 days prior to your expiration date. I started gathering my next phase of paperwork a month ago and I think that was just the right amount of time.

Getting Married to a US Citizen