juxtarose

Hi! Please help us! My fiance and I are intending to marry this year and moving to California for his work as soon as possible for me to go with him.
We are 23 years old and he is a US citizen and I am a Canadian citizen.
He came to Canada last February on a student Visa and he is currently still living here and may or may not extend his visa depending on how to get me permanantly into America.
We want to get married as soon as we can, but we do not know what is the best visa route to go about getting a green card for me.

Please help me figure out what is the best way for our situation...

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Considerations:

he is still living in Canada with me as a student

we are not yet married but if better to do so for immigration purposes, we will do it before moving to US, or we will wait to get married in America.

we do not want to live apart

and do not really care how long the process takes (just as long as we can be together)

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Any information would be helpful... thank you so much!

Romano

If you want to go by the book you should go to the US Embassy and ask for a fiancee visa for you. That would allow you to go to the US and marry your boyfriend; you would be granted Temporary Resident Status for 2 years, after then you will receive the Permanent Resident Status and then you can become a USC after 3 years.

The other way to do it (the "not by the book" way) is just to go to the US with your boyfriend and marry him; you have to do it while your tourist status (I-95) is valid (very important!!!). After the marriage your husband will have to file for AOS (adjustment of status) for yourself. After a couple years you will have to pass through a tough interview with an immigration Officer who may ask the colour of your husband's underwear of whether or not he snores, just to verify the autenticity of your marriage/relationship.

It is better to do it "by the book" but either way works if we are talking about a "real marriage" and not a "fake one" only for immigration purposes.

Good luck,


Roman
Toronto

scrubbedexpat099

You other post has better answers, but just to clarify:

The term is Conditional Permanent Residence and just being married to a USC does not get you it.

You do not receive Permanent Residence after 3 years, lot more to it.

No idea what an I95 is, probably refering to an I94 which most Canadian Tourists would not have.

Most people are not asked silly questions at Adjustment of Status interviews.

Romano

My (USC) sister's Swiss husband entered the US as a tourist asked for AOS and got the Permanent Residence (GC included) in only 18 months. That was in Tampa-Florida; I guess the place is a factor in the proceeding. Regarding the I-94 every Canadian entering the US with a Passport rather than proof of Canadian Citizenship would get a I-94 with a permanence that could be up to 6 months. Regarding the silly questions during interviews, I heard lots of comments about that from people who faced that interview; have you ever been interviewed?

Romano

scrubbedexpat099

Yes

You do not understand the terminology or the process.

Romano

Sure I don't; fortunately you do.

ian-mstm

Boiler is right... you are wrong. Canadians crossing the border almost never receive an I-94 - and they can stay up to 6 months in the US with no paperwork whatsoever.

Oh, and in case you're unsure of all this, I am a Canadian (lived in Toronto most of my life), I've been through the immigration process, and the interview questions are not silly. A trip to the embassy is not required, although an interview at the consulate is.

I'll also add here, just so you know, that going to the US as a visitor with the intent to get married and stay to adjust status is blatantly illegal, and smacks of preconceived intent! It's a deportable offense and can trigger an automatic ban from the US. Advising someone to do this is just plain stupid.

Ian

Romano

I am explaining both options and stating that it is better to go "by the book". People who ask for options should be explained all the options they have and not what we think they "have to do because law states..." it is not true that going to the US and marry there is illegal (show me such word in the Immigration Act); the true is that a lot of people adjust status within the US; that is the reason why the AOS Form exists. The word "double intent" is not precisely synonymous of illegal. A person should be explained about every option they can explore. I also have the dual citizenship and I was given an I-94 when used my Canadian Passport; never used it when crossed the border in my car though. Finally this is supossed to be a civilized Forum (?) try to show composure and do not call my advise "plain stupid", could you say "not appropriate" instead?.

ian-mstm

Perhaps you should read what I actually wrote instead of responding to what you think I wrote. I wrote, "going to the US as a visitor with the intent to get married and stay to adjust status"... what part of the word "and" didn't you understand?


I hold dual Canadian/US citizenship. In fact, I'm also a UK citizen... but this isn't a pissing contest! If you are a US citizen, you are required to use your US passport when entering the US... using your Canadian passport may get you into hot water!


Okay then... advising someone to break the law is inappropriate... and stupid!

Ian

Folinskyinla

Hi:

This is what I call the "10-foot pole" -- This "works" if you get away with it. If you do NOT get away with it, then a lawyer like me gets approached for what some of us call "janitorial work" in cleaning up the mess -- if if can be cleaned up.

There IS a difference between "preconcieved intent" and "fraud" or "misrepresentation." But the line is NOT clearly understood by immigration officers. It is also NOT clearly understood by alien applicants for admission.

Also, in suggesting "not going by the book" you are also suggesting breaking the law -- and that can be a separate offense on YOUR part.

Many people use matches without getting injured. But they are dangerous. They are especially dangerous when flammable fumes are about.

fatbrit

He should escape the death penalty, though, being in Canada and all that.

Romano

Okay then... advising someone to break the law is inappropriate... and stupid!

Ian[/QUOTE]

Ian,

Watch your mouth you freaky cockney. I am glad you are not in Canada anymore; I guess nobody is missing you here.

juxtarose

Thank you for your opinions and help. Im liking the K1 approach. Can someone help on these questions also???



If I he applies for K1 does he need to currently live in US or can he do that from Canada as a student and have his parents co sponser the financial part of it (since future job considerations wont be accepted)?


And then can we go back to Canada to get married or does it have to be an American wedding?

Folinskyinla

Hi:

For analytical purposes, it helps to think of the US Candada border to be equivalent to the Atlantic Ocean.

Also, when the K-1 was enacted in 1970, the 747 had just come into service. Gander and Shannon Airports were important links on many Trans Atlantic Flights; Honolulu and Wake Island were important stops on Trans Pacific Service [Travis Air Force Base to Saigon also involved intermediate stops]. On top of it, air travel was relatively expensive.

That said, the very definition of K-1 involves a marriage IN the United States.

ian-mstm

Or what? Are you going to try to yell at me? Go ahead... knock yourself out!


Was that supposed to be insulting? I was born in Scotland, FYI. Perhaps, when you finally graduate from high school, you'll travel the world a bit.

Ian