Wes Jones

Hi,

I'm an American guy who's going to be marrying a Canadian girl this
October. She is in the US on J-1 visa, which is going to expire &
will be replaced w/ an H-1 visa(still in application stages at this
time).

The plan is to do the wedding in Canada(that's where her family is),
and come back to the US.

Basically, I have absolutely no clue as to how any of the visa stuff
works, or what to watch out for, or things that I am required to do
since I'm marrying outside of the US.

There are no plans for her to change citizenship. I think the plan is
to change the visa to a green card, and go from there.

Does it make a difference if I do a Justice of the Peace/Vegas Quickie
type ceremony here in the US, vs. having the ceremony in Canada?

I've searched a little bit around the internet & am finding out of
date info & horror stories of ppl turned back at the border for not
filling out some random form. I'd like to avoid that if at all
possible.

Is it best to just bite the bullet & hire a lawyer?
Any advice is welcomed!

Thanks!
Wes



Anybody have any advice on this?

What visa is needed after we're married? Does her H-1 change to some
other kind of visa,

Mrtravelkay

Wes Jones wrote:

    > Hi,
    >
    > I'm an American guy who's going to be marrying a Canadian girl this
    > October. She is in the US on J-1 visa, which is going to expire &
    > will be replaced w/ an H-1 visa(still in application stages at this
    > time).

When will the J-1 expire?


    > The plan is to do the wedding in Canada(that's where her family is),
    > and come back to the US.

That plan might need to be changed if she doesn't have H-1B by that
time. There is a good chance she won't, especially since the H1B cap has
been reached for this year already, so no new ones would be available
before October 1 (the Federal Fiscal Year starts then). Don't take this
the wrong way. What job is she more qualified to do than someone already
legally able to work here (for the purposes of H1B?

    >
    > Basically, I have absolutely no clue as to how any of the visa stuff
    > works, or what to watch out for, or things that I am required to do
    > since I'm marrying outside of the US.
    >
    > Does it make a difference if I do a Justice of the Peace/Vegas Quickie
    > type ceremony here in the US, vs. having the ceremony in Canada?

It depends on what visa she is trying to use to get back into the US.
An H-1B is dual purpose, a J visa is not. That is, you can not use a J
visa to immigrate.

    >
    > I've searched a little bit around the internet & am finding out of
    > date info & horror stories of ppl turned back at the border for not
    > filling out some random form. I'd like to avoid that if at all
    > possible.
    >
    > Is it best to just bite the bullet & hire a lawyer?
    > Any advice is welcomed!

Whether you hire a lawyer or not depends on how comfortable you feel
about the process.
If married.. Do it here. Since there will be a delay for the H1B, I
would recommend you just get married before the J-1 expires, then file
I-485/I-130 for adjustment of status. She can even do this if J1 has
expired. If you/she files for AOS, she should NOT leave the US until she
has applied for (1-131) and RECEIVED Advance Parole or until the green
card has been approved.. Unless, of course, she gets an H1

Folinskyinla

Hi:

Bite the bullet for at least a consultation. One of the facts you cite raise other questions -- especially the reference to the "J" visa.

Also, your case has some unusual facts and reading even the non-horror stories about your garden-variety marriage case will be confusing.

BTW, after a consulation, you might find you don't need a lawyer. Or it might be that the lawyer will make you very unhappy. But we don't have the full facts and I don't think that the NG is the place to hash this out -- get at least that consultation, if not two of them.

Rich Wales

Wes Jones wrote:

> I'm an American guy who's going to be marrying a
> Canadian girl this October. . . . There are no
> plans for her to change citizenship.

Please note, in any case, that marriage to an American does =NOT=
result in the foreign spouse automatically obtaining US citizenship.
(Similarly, you will not automatically become a Canadian citizen.)

You'll be able to apply to sponsor your wife for non-citizen lawful
permanent resident status (commonly nicknamed a "green card" in the
US) -- and then, after three years, she'll become eligible to apply
for US citizenship if she wants to.

Or, if the two of you decided you wanted to settle in Canada, she
could apply to sponsor you for non-citizen permanent residence
in Canada (meaning you would become what is commonly nicknamed a
"landed immigrant") -- again, with an option to become a Canadian
citizen after three years if you wish.

If she does become a US citizen eventually, she'll still have her
Canadian citizenship too. The US naturalization oath includes a
mandatory "renunciatory clause" (a statement in which the new US
citizen disavows all other allegiances), but this renunciation is
not recognized under Canadian law, and the US doesn't enforce it in
any meaningful way.

Similarly, if the two of you were to settle in Canada, and you were
to eventually become a Canadian citizen, you would still have your
US citizenship too. Canada doesn't require its new citizens to
give up their old citizenship, and the US basically doesn't mind
if you become a Canadian and want to keep your US citizenship.

Note, too, that any children the two of you have together will most
likely be born with both US and Canadian citizenship. And contrary
to widely held popular misconceptions, they'll be able to keep both
citizenships for life (neither the US nor Canada currently have any
law that would require a "born dual" to choose a single citizenship
when he/she grows up).

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.

Wes Jones

Thanks for the info Rich, that's quite a bit of info you've put
together on you're site. Thanks for taking the time!

[email protected] (Rich Wales) wrote in message news:<[email protected] rg>...
    > Wes Jones wrote:
    >
    > > I'm an American guy who's going to be marrying a
    > > Canadian girl this October. . . . There are no
    > > plans for her to change citizenship.
    >
    > Please note, in any case, that marriage to an American does =NOT=
    > result in the foreign spouse automatically obtaining US citizenship.
    > (Similarly, you will not automatically become a Canadian citizen.)
    >
    > You'll be able to apply to sponsor your wife for non-citizen lawful
    > permanent resident status (commonly nicknamed a "green card" in the
    > US) -- and then, after three years, she'll become eligible to apply
    > for US citizenship if she wants to.
    >
    > Or, if the two of you decided you wanted to settle in Canada, she
    > could apply to sponsor you for non-citizen permanent residence
    > in Canada (meaning you would become what is commonly nicknamed a
    > "landed immigrant") -- again, with an option to become a Canadian
    > citizen after three years if you wish.
    >
    > If she does become a US citizen eventually, she'll still have her
    > Canadian citizenship too. The US naturalization oath includes a
    > mandatory "renunciatory clause" (a statement in which the new US
    > citizen disavows all other allegiances), but this renunciation is
    > not recognized under Canadian law, and the US doesn't enforce it in
    > any meaningful way.
    >
    > Similarly, if the two of you were to settle in Canada, and you were
    > to eventually become a Canadian citizen, you would still have your
    > US citizenship too. Canada doesn't require its new citizens to
    > give up their old citizenship, and the US basically doesn't mind
    > if you become a Canadian and want to keep your US citizenship.
    >
    > Note, too, that any children the two of you have together will most
    > likely be born with both US and Canadian citizenship. And contrary
    > to widely held popular misconceptions, they'll be able to keep both
    > citizenships for life (neither the US nor Canada currently have any
    > law that would require a "born dual" to choose a single citizenship
    > when he/she grows up).
    >
    > 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.

Wes Jones

Thanks to all who posted for the info, I'll answer your Q's inline:

    > When will the J-1 expire?
    >
    >
    > > The plan is to do the wedding in Canada(that's where her family is),
    > > and come back to the US.
    >
    > That plan might need to be changed if she doesn't have H-1B by that
    > time. There is a good chance she won't, especially since the H1B cap has
    > been reached for this year already, so no new ones would be available
    > before October 1 (the Federal Fiscal Year starts then). Don't take this
    > the wrong way. What job is she more qualified to do than someone already
    > legally able to work here (for the purposes of H1B?

Well, small change in this situation in that she just received her
H1 visa today & it's good for 6 yrs, so that's no longer a worry
She's a research scientist btw.


    > Whether you hire a lawyer or not depends on how comfortable you feel
    > about the process.
    > If married.. Do it here. Since there will be a delay for the H1B, I
    > would recommend you just get married before the J-1 expires, then file
    > I-485/I-130 for adjustment of status. She can even do this if J1 has
    > expired. If you/she files for AOS, she should NOT leave the US until she
    > has applied for (1-131) and RECEIVED Advance Parole or until the green
    > card has been approved.. Unless, of course, she gets an H1

I guess the question I still have & could have asked better is, will
it make my life any easier if we do a quick legal marraige here in the
US prior to the formal ceremony in Canada?

Call me lazy, but I'd prefer to spend as little time possible dealing
w/ the paperwork/INS. I do have a life to live.

If for one reason or another, I have to do the legal & formal
ceremonies in Canada, what steps are necesarry for me to take prior to
leaving the US for the wedding? One scenario I read was a guy didn't
fill out a form sayin he was getting married, so his wife didn't get
back into the US on the way back. Dunno how up to date that is, but
that sounds like something to avoid.

Thanks!

Mrtravelkay

Wes Jones wrote:

    > Well, small change in this situation in that she just received her
    > H1 visa today & it's good for 6 yrs, so that's no longer a worry
    > She's a research scientist btw.

That is interesting. When was the H1B applied for?

    >
    > I guess the question I still have & could have asked better is, will
    > it make my life any easier if we do a quick legal marraige here in the
    > US prior to the formal ceremony in Canada?

If she has an H1B, it won't matter.

    >
    > Call me lazy, but I'd prefer to spend as little time possible dealing
    > w/ the paperwork/INS. I do have a life to live.
    >
    > If for one reason or another, I have to do the legal & formal
    > ceremonies in Canada, what steps are necesarry for me to take prior to
    > leaving the US for the wedding? One scenario I read was a guy didn't
    > fill out a form sayin he was getting married, so his wife didn't get
    > back into the US on the way back. Dunno how up to date that is, but
    > that sounds like something to avoid.

If she has an H1B, she is free to leave and return.
You can have immigrant intent if you have an H1B... Not like a tourist visa.

Amy Cooper

Hey all,

I'd like to jump in here. I'm a Canadian engaged to a US citizen. I've been
living in Canada to complete my university degrees while my fiance lives and
works in Ohio. Now that I'm finally graduated, we want to finally be
together on a permanent basis after two years of doing the long distance
relationship thing. We've applied for a fiancee visa for me recently, and
we're getting really frustrated by the whole process. We plan to get married
in Las Vegas and we'd like to be able to do it sooner than later. Oce we are
finally married, I want to live and work in the US. Unfortunately we can't
afford to hire an attorney to help with the process and we're tired of the
bureaucracy. Anyone have any comments, similar experiences, or suggestions?

Thanks,
Amy

"Wes Jones" <[email protected]> wrote in message
news:[email protected]...
    > Thanks for the info Rich, that's quite a bit of info you've put
    > together on you're site. Thanks for taking the time!
    > [email protected] (Rich Wales) wrote in message
news:<[email protected] rg>...
    > > Wes Jones wrote:
    > >
    > > > I'm an American guy who's going to be marrying a
    > > > Canadian girl this October. . . . There are no
    > > > plans for her to change citizenship.
    > >
    > > Please note, in any case, that marriage to an American does =NOT=
    > > result in the foreign spouse automatically obtaining US citizenship.
    > > (Similarly, you will not automatically become a Canadian citizen.)
    > >
    > > You'll be able to apply to sponsor your wife for non-citizen lawful
    > > permanent resident status (commonly nicknamed a "green card" in the
    > > US) -- and then, after three years, she'll become eligible to apply
    > > for US citizenship if she wants to.
    > >
    > > Or, if the two of you decided you wanted to settle in Canada, she
    > > could apply to sponsor you for non-citizen permanent residence
    > > in Canada (meaning you would become what is commonly nicknamed a
    > > "landed immigrant") -- again, with an option to become a Canadian
    > > citizen after three years if you wish.
    > >
    > > If she does become a US citizen eventually, she'll still have her
    > > Canadian citizenship too. The US naturalization oath includes a
    > > mandatory "renunciatory clause" (a statement in which the new US
    > > citizen disavows all other allegiances), but this renunciation is
    > > not recognized under Canadian law, and the US doesn't enforce it in
    > > any meaningful way.
    > >
    > > Similarly, if the two of you were to settle in Canada, and you were
    > > to eventually become a Canadian citizen, you would still have your
    > > US citizenship too. Canada doesn't require its new citizens to
    > > give up their old citizenship, and the US basically doesn't mind
    > > if you become a Canadian and want to keep your US citizenship.
    > >
    > > Note, too, that any children the two of you have together will most
    > > likely be born with both US and Canadian citizenship. And contrary
    > > to widely held popular misconceptions, they'll be able to keep both
    > > citizenships for life (neither the US nor Canada currently have any
    > > law that would require a "born dual" to choose a single citizenship
    > > when he/she grows up).
    > >
    > > 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.

Mrtravelkay

Amy Cooper wrote:

    > Hey all,
    >
    > I'd like to jump in here. I'm a Canadian engaged to a US citizen. I've been
    > living in Canada to complete my university degrees while my fiance lives and
    > works in Ohio. Now that I'm finally graduated, we want to finally be
    > together on a permanent basis after two years of doing the long distance
    > relationship thing. We've applied for a fiancee visa for me recently, and
    > we're getting really frustrated by the whole process. We plan to get married
    > in Las Vegas and we'd like to be able to do it sooner than later. Oce we are
    > finally married, I want to live and work in the US. Unfortunately we can't
    > afford to hire an attorney to help with the process and we're tired of the
    > bureaucracy. Anyone have any comments, similar experiences, or suggestions?
    >

You should start a new thead instead of hijacking this one.
If your goal is to marry in the US and live here, then you should apply
for a K-1 visa. This is done by the US citizen filing form I-129F.

http://uscis.gov/graphics/services/t...m#anchor431398

If you have additional questions, please start another thread, so the
person who created this one can get answers to their questions without
confusion.

Amy Cooper

Hey all,

I tried to respond to this post a few days ago but it didn't seem to go
through.
I'm in a similar situation. I'm a Canadian planning to marry my boyfriend
who is a US citizen in the late summer/early fall in Las Vegas. We've been
in a long distance relationship for sometime now and we want to get married.
We have applied for a fiancee visa for me and we're still waiting on that.
One of the things I'm wondering is what happens if we get married while I'm
visiting on a tourist visa before the fiancee visa goes through.

I'd greatly appreciate this and any other advice!

~Amy

"Wes Jones" <[email protected]> wrote in message
news:[email protected]...
    > Thanks for the info Rich, that's quite a bit of info you've put
    > together on you're site. Thanks for taking the time!
    > [email protected] (Rich Wales) wrote in message
news:<[email protected] rg>...
    > > Wes Jones wrote:
    > >
    > > > I'm an American guy who's going to be marrying a
    > > > Canadian girl this October. . . . There are no
    > > > plans for her to change citizenship.
    > >
    > > Please note, in any case, that marriage to an American does =NOT=
    > > result in the foreign spouse automatically obtaining US citizenship.
    > > (Similarly, you will not automatically become a Canadian citizen.)
    > >
    > > You'll be able to apply to sponsor your wife for non-citizen lawful
    > > permanent resident status (commonly nicknamed a "green card" in the
    > > US) -- and then, after three years, she'll become eligible to apply
    > > for US citizenship if she wants to.
    > >
    > > Or, if the two of you decided you wanted to settle in Canada, she
    > > could apply to sponsor you for non-citizen permanent residence
    > > in Canada (meaning you would become what is commonly nicknamed a
    > > "landed immigrant") -- again, with an option to become a Canadian
    > > citizen after three years if you wish.
    > >
    > > If she does become a US citizen eventually, she'll still have her
    > > Canadian citizenship too. The US naturalization oath includes a
    > > mandatory "renunciatory clause" (a statement in which the new US
    > > citizen disavows all other allegiances), but this renunciation is
    > > not recognized under Canadian law, and the US doesn't enforce it in
    > > any meaningful way.
    > >
    > > Similarly, if the two of you were to settle in Canada, and you were
    > > to eventually become a Canadian citizen, you would still have your
    > > US citizenship too. Canada doesn't require its new citizens to
    > > give up their old citizenship, and the US basically doesn't mind
    > > if you become a Canadian and want to keep your US citizenship.
    > >
    > > Note, too, that any children the two of you have together will most
    > > likely be born with both US and Canadian citizenship. And contrary
    > > to widely held popular misconceptions, they'll be able to keep both
    > > citizenships for life (neither the US nor Canada currently have any
    > > law that would require a "born dual" to choose a single citizenship
    > > when he/she grows up).
    > >
    > > 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.

Rete

Since you would be entering the US with the full intent to migrate and that fact can be verified by the USCIS by the fact that you have a pending Finance visa in the works, then you will get married and return to Canada without your husband and wait out his filing of the I-130 for you and then the I-129F for a spousal K-3 and be apart for 6 months to a year. Choose your poison. A few more months without being married while you wait out the completion of the K-1 or possibly a year of living separately while married. And note because you had a K-1 pending and do get married and had to return to Canada you would probably be denied access to the US to visit with your hubby.

No one likes to be told they have to wait for something they want like this minute but the wait goes for migration on either side of our border. Unlike Canada, at least the US still has a Fiancee Visa.

Choice is yours ... but the deck is stacked against you for clear sailing for adjustment of status since you have already filed paperwork for a Fiancee Visa. USCIS might well consider your marriage and remaining here as fraud.

Rete