sweetangel33

Hello,
I just found this site while looking for some info, and I hope someone can help me. I am Canadian, my fiance is also Canadian but he is a permanent resident in the USA and has lived there since he was a child. I guess things would be pretty easy if he were to just move back here, but we have decided that we want to live in the USA (he has a good job there)
I don't think we are eligible to apply for the fiance visa, because he is not a citizen, just a permanent resident.
Would our best option be to get married in the USA and then I come back to Canada, and wait while he applies for the spousal visa for me to be there? What would be a normal timeline for that? I know every case is different, but I have just been unable to find much information because hes just a permanent resident, most of the cases I have come across have been where they are American citizens.
Any help would be very much appreciated. Thank you.

Pulaski

If he has been a permanent resident for more than five years (and it sounds as if he has been for much longer than that), by far the easiest and most obvious thing for him to do is to become a US citizen.

Duncs

He can sponsor you ok if he is a perm resident but you are in the second preference category so once you get approval you must wait for a number and i think that can be a very lengthy process. if your spouse is US citizen then you dont have to wait for number so thats a big advantage. although i would think it would take him 12-24 months to get citizenship.

Heres the guidance from the BCIS:


Eligibility

To be eligible to sponsor a relative to immigrate to the United States you must meet the following criteria:

You must be a citizen or a lawful permanent resident of the United States and be able to provide documentation proving your status.

If you are a lawful permanent resident you may petition for the following foreign national relatives to immigrate to the United States; however you must be able to provide proof of the relationships:

Husband or wife; or
Unmarried son or daughter of any age.

Preference Categories

The relative you wish to immigrate must obtain an immigrant visa number that is based on the preference category in which they fall.

People who want to become immigrants are classified into categories based on a preference system. The immediate relatives of U.S. citizens, which includes parents, spouses and unmarried children under the age of 21, do not have to wait for an immigrant visa number to become available once the visa petition filed for them is approved by the BCIS. An immigrant visa number will be immediately available for immediate relatives of U.S. citizens. Click here for information on obtaining an immigrant visa number if you are an immediate relative of a U.S. citizen. The relatives in the remaining categories must wait for an immigrant visa number to become available according to the following preferences:

First Preference: Unmarried, adult sons and daughters of U.S. citizens. Adult means 21 years of age or older.

Second Preference: Spouses of lawful permanent residents, their unmarried children (under twenty-one), and the unmarried sons and daughters of lawful permanent residents.

Third Preference: Married sons and daughters of U.S. citizens.

Fourth Preference: Brothers and sisters of adult U.S. citizens.

Once BCIS receives your visa petition, I-130, Petition for Alien Relative, it will be approved or denied. BCIS will notify the person who filed the visa petition if the visa petition is approved. BCIS will then send the approved visa petition to the Department of State's National Visa Center, where it will remain until an immigrant visa number is available. The Center will notify you, the foreign national, when the visa petition is received and again when an immigrant visa number is available. You do not need to contact the National Visa Center, unless you change your address or there is a change in your personal situation, or that of your alien relative, that may affect eligibility for an immigrant visa, such as reaching age 21, marriage, divorce, or death of a spouse.

regards,

Duncan

Kent51

My advice is DON"T marry a permanent resident.

I am a PR, I married a Philippine citizen over 2 years ago and she is virtually locked out of the United States. Technically, if you were to marry and your spouse applied via an I130 for your green card, you will have clear immigration intent. This rules out almost all non immigrant visa applications. Coming from Canada, you could probably visit a few times, but eventually you will be told to wait outside the country.

As another poster pointed out, the wait for an immigrant visa will take about 6 years.

Jade

My husband is a Canadian citizen and I am a US citizen. Just for your info Canada does recognize dual citizenship. So he can become a US citizen and still keep his Canadian citizenship as well. Sorry I don't know the time lines for Naturalization or spousal visa for a PR - they would vary depending on which service center you would be using. As another poster advised - if you do go the route of getting married now you will have problems entering the US. They will look at it as if you're trying to immigrate here since your spouse is here and can refuse you entry. Good luck!

rzack

If he filed for your spousal visa...I wish you to prepare to be apart for a veryyyyyyyyy long time from him. It might take years!!! The alternative now, he apply for US citizenship, but still have to wait another 1 to 2 years approval.

I cannot see any shortcut of your case. Unless if you can get any company to sponsor you to work here or you further your study in US. (working visa or student visa). But still...there is no easy way .

Good luck.

I'm not a lawyer, pls act accordingly.