A Canadian citizen marrying an American citizen
Oct 6th 2002, 11:24 pm
#16
Guest
Posts: n/a
Re: A Canadian citizen marrying an American citizen
I am somewhat of the same situation as you. I am in the U.s. with my fiance. Entered legally with my passport and want to know if we were to go and try to get a marriage license if we would run into any difficulties with INS. We wish to be married as soon as possible but also do not wish to have anything working against us. We had filed for a K-1 fiance visa. Which has not been processed yet. And since I am here we would like to get married. I haven't been here for more than 6 months. NOt even close actually. I was just wondering if anyone knew if we would have difficulties with INS if we were to get married in the U.S. and adjust my status even though we had a fiance visa sent in. We could always call the Nebraska service center and cancel the fiance visa from being processed if we did it this way. Anything anyone has to tell us would be greatly appreciated. Sorry I asked my own question on your post but didn't know how to post a new one.
I am a Canadian citizen planning to move to the US but have met and plan to marry an American citizen (not prior to moving at this point). He wants to get married in Canada. What rights and priviledges will he have if we are married here and then relocate to the US? [/SIZE][/QUOTE]
Originally posted by Genevieve:
q1]
> I don't see any problems. As a Canadian citizen, she is
> automatically entitled to a 6-month visitor visa in USA
> just by showing her passport at the border. Of course,
> she can't work until she becomes PR or gets a work
> permit.
> Ask her to come over, get married, then apply for
> immigration as a spouce of a US citizen. It will be
> fast cos' there's no waiting period for spouses.
> She would get a 'conditional' green card in a
> few months time. After you've been married for
> 2 years, she can apply to get 'conditional'
> stamp removed and become full permanent
> resident (PR). After 5 years as PR, she
> can become US citizen, or get US/Canadian
> dual citizenship.
.................................................. ...................
On second thoughts, it may be better for you
to be married in Canada, then apply for wife's
immigration to US. Sometimes they (US immig)
don't like people coming to US as visitor and
getting married. However, I don't think they can
cause much trouble since you're a US citizen.
q1]
> I don't see any problems. As a Canadian citizen, she is
> automatically entitled to a 6-month visitor visa in USA
> just by showing her passport at the border. Of course,
> she can't work until she becomes PR or gets a work
> permit.
> Ask her to come over, get married, then apply for
> immigration as a spouce of a US citizen. It will be
> fast cos' there's no waiting period for spouses.
> She would get a 'conditional' green card in a
> few months time. After you've been married for
> 2 years, she can apply to get 'conditional'
> stamp removed and become full permanent
> resident (PR). After 5 years as PR, she
> can become US citizen, or get US/Canadian
> dual citizenship.
.................................................. ...................
On second thoughts, it may be better for you
to be married in Canada, then apply for wife's
immigration to US. Sometimes they (US immig)
don't like people coming to US as visitor and
getting married. However, I don't think they can
cause much trouble since you're a US citizen.
I am a Canadian citizen planning to move to the US but have met and plan to marry an American citizen (not prior to moving at this point). He wants to get married in Canada. What rights and priviledges will he have if we are married here and then relocate to the US? [/SIZE][/QUOTE]
Oct 7th 2002, 1:48 am
#17
Guest
Posts: n/a
Re: A Canadian citizen marrying an American citizen
[q1]> I am a Canadian citizen planning to move to the US but have met and plan to marry an American citizen (not prior to moving at this point). He wants to get married in Canada. What rights and priviledges will he have if we are married here and then relocate to the US?
> ......................................
The key is proving you got married with genuine
intentions, not just to get US green card for spouse.
If you can convince them of that, you should be OK.
[/SIZE][/QUOTE]
I will have a temporary work Visa when I go to the U.S. because I'm going down with work. The only reason he wants to get married in Canada is because my family is bigger than his is and it would cost more to them fly down to Texas than it would to fly his family up here to Ontario and he knows it's important to my mother. So how would I prove our intentions? I don't even want to go through the whole finace visa thingie because I'll already be down there legally for a year before we plan on getting married. But as far as the Canadian & U.S. governments are concerned, if he marries in Canada will anything change with his citizenship?
> ......................................
The key is proving you got married with genuine
intentions, not just to get US green card for spouse.
If you can convince them of that, you should be OK.
[/SIZE][/QUOTE]
I will have a temporary work Visa when I go to the U.S. because I'm going down with work. The only reason he wants to get married in Canada is because my family is bigger than his is and it would cost more to them fly down to Texas than it would to fly his family up here to Ontario and he knows it's important to my mother. So how would I prove our intentions? I don't even want to go through the whole finace visa thingie because I'll already be down there legally for a year before we plan on getting married. But as far as the Canadian & U.S. governments are concerned, if he marries in Canada will anything change with his citizenship?
Oct 7th 2002, 5:35 am
#18
Guest
Posts: n/a
Re: A Canadian citizen marrying an American citizen
"Genevieve" wrote:
> But as far as the Canadian & U.S. governments are
> concerned, if he marries in Canada will anything
> change with his citizenship?
His citizenship won't change in any case. Neither Canada nor the
US confers citizenship automatically as a result of marriage to a
citizen.
Rich Wales [email protected]
http://www.richw.org/dualcit/
*DISCLAIMER: I am not a lawyer, professional immigration consultant,
or consular officer. My comments are for discussion purposes only and
are not intended to be relied upon as legal or professional advice.
> But as far as the Canadian & U.S. governments are
> concerned, if he marries in Canada will anything
> change with his citizenship?
His citizenship won't change in any case. Neither Canada nor the
US confers citizenship automatically as a result of marriage to a
citizen.
Rich Wales [email protected]
http://www.richw.org/dualcit/
*DISCLAIMER: I am not a lawyer, professional immigration consultant,
or consular officer. My comments are for discussion purposes only and
are not intended to be relied upon as legal or professional advice.
Oct 7th 2002, 5:30 pm
#19
Guest
Posts: n/a
Re: A Canadian citizen marrying an American citizen
Jackz,
I suggest that you go to
http://www.mindspri-
ng.com/~docsteen/visainfo/visainfo.htm, accept the
conditions, and follow the link to "Tourist Adjustment." There is a
detailed discussion of this whole issue.
A key issue may be the timing of your filing the K-1 visa petition. If your
fiance filed it before you entered the U.S. in tourist status, you will have
a pretty hard time convincing the INS that you did not have preconceived
immigrant intent at the time you entered the country in a status which
requires that your intent be temporary.
"Jackz" wrote in message
news:435247.1033946678@britishexpats-
.com...
> I am somewhat of the same situation as you. I am in the U.s. with my
> fiance. Entered legally with my passport and want to know if we were to
> go and try to get a marriage license if we would run into any
> difficulties with INS. We wish to be married as soon as possible but
> also do not wish to have anything working against us. We had filed for
> a K-1 fiance visa. Which has not been processed yet. And since I am
> here we would like to get married. I haven't been here for more than 6
> months. NOt even close actually. I was just wondering if anyone knew
> if we would have difficulties with INS if we were to get married in the
> U.S. and adjust my status even though we had a fiance visa sent in. We
> could always call the Nebraska service center and cancel the fiance visa
> from being processed if we did it this way. Anything anyone has to tell
> us would be greatly appreciated. Sorry I asked my own question on your
> post but didn't know how to post a new one.
Originally posted by
> Genevieve:
> > > I don't see any problems. As a Canadian citizen, she is
> > > automatically entitled to a 6-month visitor visa in USA
> > > just by showing her passport at the border. Of course,
> > > she can't work until she becomes PR or gets a work
> > > permit.
> > > Ask her to come over, get married, then apply for
> > > immigration as a spouce of a US citizen. It will be
> > > fast cos' there's no waiting period for spouses.
> > > She would get a 'conditional' green card in a
> > > few months time. After you've been married for
> > > 2 years, she can apply to get 'conditional'
> > > stamp removed and become full permanent
> > > resident (PR). After 5 years as PR, she
> > > can become US citizen, or get US/Canadian
> > > dual citizenship.
> > .................................................. ...................
> > On second thoughts, it may be better for you
> > to be married in Canada, then apply for wife's
> > immigration to US. Sometimes they (US immig)
> > don't like people coming to US as visitor and
> > getting married. However, I don't think they can
> > cause much trouble since you're a US citizen.
> I am a Canadian citizen planning to move to the US but have met and plan
> to marry an American citizen (not prior to moving at this point). He
> wants to get married in Canada. What rights and priviledges will he
> have if we are married here and then relocate to the US?
I suggest that you go to
http://www.mindspri-
ng.com/~docsteen/visainfo/visainfo.htm, accept the
conditions, and follow the link to "Tourist Adjustment." There is a
detailed discussion of this whole issue.
A key issue may be the timing of your filing the K-1 visa petition. If your
fiance filed it before you entered the U.S. in tourist status, you will have
a pretty hard time convincing the INS that you did not have preconceived
immigrant intent at the time you entered the country in a status which
requires that your intent be temporary.
"Jackz" wrote in message
news:435247.1033946678@britishexpats-
.com...
> I am somewhat of the same situation as you. I am in the U.s. with my
> fiance. Entered legally with my passport and want to know if we were to
> go and try to get a marriage license if we would run into any
> difficulties with INS. We wish to be married as soon as possible but
> also do not wish to have anything working against us. We had filed for
> a K-1 fiance visa. Which has not been processed yet. And since I am
> here we would like to get married. I haven't been here for more than 6
> months. NOt even close actually. I was just wondering if anyone knew
> if we would have difficulties with INS if we were to get married in the
> U.S. and adjust my status even though we had a fiance visa sent in. We
> could always call the Nebraska service center and cancel the fiance visa
> from being processed if we did it this way. Anything anyone has to tell
> us would be greatly appreciated. Sorry I asked my own question on your
> post but didn't know how to post a new one.
Originally posted by
> Genevieve:
> > > I don't see any problems. As a Canadian citizen, she is
> > > automatically entitled to a 6-month visitor visa in USA
> > > just by showing her passport at the border. Of course,
> > > she can't work until she becomes PR or gets a work
> > > permit.
> > > Ask her to come over, get married, then apply for
> > > immigration as a spouce of a US citizen. It will be
> > > fast cos' there's no waiting period for spouses.
> > > She would get a 'conditional' green card in a
> > > few months time. After you've been married for
> > > 2 years, she can apply to get 'conditional'
> > > stamp removed and become full permanent
> > > resident (PR). After 5 years as PR, she
> > > can become US citizen, or get US/Canadian
> > > dual citizenship.
> > .................................................. ...................
> > On second thoughts, it may be better for you
> > to be married in Canada, then apply for wife's
> > immigration to US. Sometimes they (US immig)
> > don't like people coming to US as visitor and
> > getting married. However, I don't think they can
> > cause much trouble since you're a US citizen.
> I am a Canadian citizen planning to move to the US but have met and plan
> to marry an American citizen (not prior to moving at this point). He
> wants to get married in Canada. What rights and priviledges will he
> have if we are married here and then relocate to the US?
Oct 7th 2002, 10:48 pm
#20
Guest
Posts: n/a
Re: A Canadian citizen marrying an American citizen
I need some clarification here. If my fiancee comes into the country on a work visa and we get married, does this eliminate the need for the I129F and K-1 visa, or would marrying her while she was here on the work visa make things more complicated?
If we go ahead with the quest for a K-1, would she still be able to get the work visa, and how complicated would it be for her to get that?
I'm grateful for all the information, but with all the options that have been presented here, I'm starting to get confused!
If we go ahead with the quest for a K-1, would she still be able to get the work visa, and how complicated would it be for her to get that?
I'm grateful for all the information, but with all the options that have been presented here, I'm starting to get confused!
Oct 9th 2002, 3:59 pm
#21
Guest
Posts: n/a
Re: A Canadian citizen marrying an American citizen
Bogframe wrote in message news:...
> I need some clarification here. If my fiancee comes into the country on
> a work visa and we get married, does this eliminate the need for the
> I129F and K-1 visa, or would marrying her while she was here on the work
> visa make things more complicated?
Basically, it should eliminate the need. If she holds H-1 or L-1
status, it definitely eliminates it; if it's TN, you're still probably
OK, but you're on shakier ground (because an H-1 and L-1 allow for
immigrant intent, but a TN doesn't). As long as she has actually
started working for the company by the time you get married (and
preferably has been working there for at least two months) then you
just need to file the whole I-130/I-485/I-765/I-131 caboodle at your
local District Office after the wedding, and you shouldn't need to
worry about a thing.
> If we go ahead with the quest for a K-1, would she still be able to get
> the work visa, and how complicated would it be for her to get that?
If you have filed for a K-1 already, it may complicate getting a TN
(because of the immigrant intent issue) -- an H-1 shouldn't be a
problem, but why would you bother? The K-1 gives you all the benefits
of an H-1 and more.
But as always, any advice here is worth nothing -- I'm not a lawyer,
and if you want advice you can rely on, you should pay a lawyer for
it.
> I need some clarification here. If my fiancee comes into the country on
> a work visa and we get married, does this eliminate the need for the
> I129F and K-1 visa, or would marrying her while she was here on the work
> visa make things more complicated?
Basically, it should eliminate the need. If she holds H-1 or L-1
status, it definitely eliminates it; if it's TN, you're still probably
OK, but you're on shakier ground (because an H-1 and L-1 allow for
immigrant intent, but a TN doesn't). As long as she has actually
started working for the company by the time you get married (and
preferably has been working there for at least two months) then you
just need to file the whole I-130/I-485/I-765/I-131 caboodle at your
local District Office after the wedding, and you shouldn't need to
worry about a thing.
> If we go ahead with the quest for a K-1, would she still be able to get
> the work visa, and how complicated would it be for her to get that?
If you have filed for a K-1 already, it may complicate getting a TN
(because of the immigrant intent issue) -- an H-1 shouldn't be a
problem, but why would you bother? The K-1 gives you all the benefits
of an H-1 and more.
But as always, any advice here is worth nothing -- I'm not a lawyer,
and if you want advice you can rely on, you should pay a lawyer for
it.
Nov 4th 2002, 6:47 pm
#22
Just Joined
Joined: Nov 2002
Location: Canada
Posts: 1
Re: A Canadian citizen marrying an American citizen
Originally posted by Bogframe
I am an American citizen madly in love with a Canadian citizen. Does anyone know the ins and outs of getting my fiancee a greencard/visa/whatever so she can move here and marry me?
I am an American citizen madly in love with a Canadian citizen. Does anyone know the ins and outs of getting my fiancee a greencard/visa/whatever so she can move here and marry me?
Nov 23rd 2002, 5:33 am
#23
Guest
Posts: n/a
Re: A Canadian citizen marrying an American citizen
I have been in the States for almost 3 years and I am planning to marry an American. If I marry him now can I go back to my Country and come back with no problems?
Should I go to my Country come back and marrying him? But in doing so, do I waist my 3 years?
I am under a student VISA and I should be able to come back for my next semester with no problems...hopeful. Will my marriage affect my student status?
Should I marry him amd stay here for a definite period of time?
PLEASE HELP!
I need to go to my Country to see my son for Christmas!
Should I go to my Country come back and marrying him? But in doing so, do I waist my 3 years?
I am under a student VISA and I should be able to come back for my next semester with no problems...hopeful. Will my marriage affect my student status?
Should I marry him amd stay here for a definite period of time?
PLEASE HELP!
I need to go to my Country to see my son for Christmas!
Nov 25th 2002, 11:25 pm
#24
Guest
Posts: n/a
Re: A Canadian citizen marrying an American citizen
If you need to visit your son for Christmas, you should go visit him, return on
your student visa and then marry your boyfriend if you still want to do that.
Check out www.EnterAmerica.com for further help.
your student visa and then marry your boyfriend if you still want to do that.
Check out www.EnterAmerica.com for further help.
Jan 14th 2003, 3:25 pm
#25
Just Joined
Joined: Jan 2003
Posts: 2
I'm a canadian married to an american
I'm a canadian citizen married to an american citizen. I want to be with her and be there to work and support her as a husband should. what do I need to do in order to be able to move there with her as soon as possible. We married in Canada but have the marriage license to prove that, as well I kinda at one point overstayed my time in the states by 6 month...My wife had a miscarriage and I couldn't bear to leave her. I haven't been banned from the states, but I do have a flag. I heard I need some kind of waver to reneter the states. But I'm not sure on that. All I know was they kicked me out of america but didn't ban me outright, mainly cause I did not work in the time Ispent in america. If someone can help me be with my family I would be VERY happy.
Jan 15th 2003, 8:04 pm
#26
Guest
Posts: n/a
Re: A Canadian citizen marrying an American citizen
On Tue, 14 Jan 2003 16:25:59 +0000, Honor
wrote:
>I'm a canadian citizen married to an american citizen. I want to be
>with her and be there to work and support her as a husband should. what
>do I need to do in order to be able to move there with her as soon as
>possible. We married in Canada but have the marriage license to prove
>that, as well I kinda at one point overstayed my time in the states by 6
>month...My wife had a miscarriage and I couldn't bear to leave her. I
>haven't been banned from the states, but I do have a flag. I heard I
>need some kind of waver to reneter the states. But I'm not sure on
>that. All I know was they kicked me out of america but didn't ban me
>outright, mainly cause I did not work in the time Ispent in america. If
>someone can help me be with my family I would be VERY happy.
All you needed in the past was a wavier if your wife really did
suffer a miscarriage. Any immigration attorney can help ya. Just
don't hold your breath. Just wondering why she doesn't move to
Canada to be with you?
wrote:
>I'm a canadian citizen married to an american citizen. I want to be
>with her and be there to work and support her as a husband should. what
>do I need to do in order to be able to move there with her as soon as
>possible. We married in Canada but have the marriage license to prove
>that, as well I kinda at one point overstayed my time in the states by 6
>month...My wife had a miscarriage and I couldn't bear to leave her. I
>haven't been banned from the states, but I do have a flag. I heard I
>need some kind of waver to reneter the states. But I'm not sure on
>that. All I know was they kicked me out of america but didn't ban me
>outright, mainly cause I did not work in the time Ispent in america. If
>someone can help me be with my family I would be VERY happy.
All you needed in the past was a wavier if your wife really did
suffer a miscarriage. Any immigration attorney can help ya. Just
don't hold your breath. Just wondering why she doesn't move to
Canada to be with you?
Jan 16th 2003, 2:44 am
#27
Just Joined
Joined: Jan 2003
Posts: 2
she couldn't move to canada because her first child is of her first marriage, and her ex husband refuses to let her take the child out of country.
Jan 17th 2003, 12:47 am
#28
Guest
Posts: n/a
Re: A Canadian citizen marrying an American citizen
"Honor" wrote in message
news:[email protected]...
> I'm a canadian citizen married to an american citizen. I want to be
> with her and be there to work and support her as a husband should. what
> do I need to do in order to be able to move there with her as soon as
> possible. We married in Canada but have the marriage license to prove
> that, as well I kinda at one point overstayed my time in the states by 6
> month...My wife had a miscarriage and I couldn't bear to leave her. I
> haven't been banned from the states, but I do have a flag. I heard I
> need some kind of waver to reneter the states. But I'm not sure on
> that.
It sounds as if you may have triggered the 3 year bar by overstaying your
authorized stay by 6 months. If so you would need a waiver of the bar.
However, if you were in the U.S. as a visitor who is Canadian, and you did
not ever get an I-94 (Canadian visitors usually don't), then you are
probably not subject to the bars because you did not overstay a date certain
on an I-94.
See http://www.twmlaw.com/resources/general26cont.htm for some discussion of
this. If you are subject to the bar, you will need a waiver of the bar,
obtained by filing Form I-601. Since you are outside the U.S., I think the
I-601 can be filed right away, and the immigration process can be started as
well, and move along parallel to the I-601.
All I know was they kicked me out of america but didn't ban me
> outright, mainly cause I did not work in the time Ispent in america. If
> someone can help me be with my family I would be VERY happy.
You need to start the process of immigrating, getting permanent resident
status based on marriage to a U.S. citizen. Since you are married, and you
are in Canada, the way you will most likely have to go is consular immigrant
visa processing. See
http://www.mindspring.com/~docsteen/...o/visainfo.htm,
http://www.geocities.com/CapitolHill/Congress/2806/. Also, you will find
very caring help at alt.visa.us.marriage-based.
You should not try to enter the U.S. again as a visitor, because you don't
have temporary intent. Your wife will have to visit you until this is over.
news:[email protected]...
> I'm a canadian citizen married to an american citizen. I want to be
> with her and be there to work and support her as a husband should. what
> do I need to do in order to be able to move there with her as soon as
> possible. We married in Canada but have the marriage license to prove
> that, as well I kinda at one point overstayed my time in the states by 6
> month...My wife had a miscarriage and I couldn't bear to leave her. I
> haven't been banned from the states, but I do have a flag. I heard I
> need some kind of waver to reneter the states. But I'm not sure on
> that.
It sounds as if you may have triggered the 3 year bar by overstaying your
authorized stay by 6 months. If so you would need a waiver of the bar.
However, if you were in the U.S. as a visitor who is Canadian, and you did
not ever get an I-94 (Canadian visitors usually don't), then you are
probably not subject to the bars because you did not overstay a date certain
on an I-94.
See http://www.twmlaw.com/resources/general26cont.htm for some discussion of
this. If you are subject to the bar, you will need a waiver of the bar,
obtained by filing Form I-601. Since you are outside the U.S., I think the
I-601 can be filed right away, and the immigration process can be started as
well, and move along parallel to the I-601.
All I know was they kicked me out of america but didn't ban me
> outright, mainly cause I did not work in the time Ispent in america. If
> someone can help me be with my family I would be VERY happy.
You need to start the process of immigrating, getting permanent resident
status based on marriage to a U.S. citizen. Since you are married, and you
are in Canada, the way you will most likely have to go is consular immigrant
visa processing. See
http://www.mindspring.com/~docsteen/...o/visainfo.htm,
http://www.geocities.com/CapitolHill/Congress/2806/. Also, you will find
very caring help at alt.visa.us.marriage-based.
You should not try to enter the U.S. again as a visitor, because you don't
have temporary intent. Your wife will have to visit you until this is over.
