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US citizen marrying Canadian

US citizen marrying Canadian

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Old Aug 17th 2005, 3:23 pm
  #1  
halls2004
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Default US citizen marrying Canadian

I(US Citizen) will be marrying a Canadian citizen in September.

1. Does she need any visa to enter the US with me.

2. Do I need to file for her paperwork(immigration paper) for her to
stay in US. I understand that as long as Canadian do not extend their
visit past 180 days they can stay with any visa etc. I would prefer not
to spend the money for GC app.

Thanks.
 
Old Aug 17th 2005, 3:49 pm
  #2  
Concierge
 
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Default Re: US citizen marrying Canadian

Originally Posted by halls2004
I(US Citizen) will be marrying a Canadian citizen in September.

1. Does she need any visa to enter the US with me.

2. Do I need to file for her paperwork(immigration paper) for her to
stay in US. I understand that as long as Canadian do not extend their
visit past 180 days they can stay with any visa etc. I would prefer not
to spend the money for GC app.

Thanks.

Well then be prepared to do battle with the examiners at the POE when you try to bring your wife to the US even for a visit. A Canadian does not have special privileges other than to enter the US for the purpose of pleasure for 6 months out of a year. They cannot enter the US to take up residency without the proper paperwork, nor can they work, nor can they get a social security card. If the examiner feels your wife might take up residency in the US without proper paperwork she can be denied at the POE and be sent back home.
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Old Aug 17th 2005, 4:02 pm
  #3  
Ingo Pakleppa
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Default Re: US citizen marrying Canadian

[email protected] wrote:

    > I(US Citizen) will be marrying a Canadian citizen in September.
    >
    > 1. Does she need any visa to enter the US with me.

If she is planning a short visit to the US, and then return to Canada, no.
If she is planning to move to the US with you, yes. An immigrant visa is
the appropriate one. Unfortunately, the timeline for that is probably
around two years. You can get a K-3 visa for her somewhat faster, in about
six months or so. By the way, you should start gathering the paperwork you
need, as that may take some time, too. Among other things, you will need
the last two years tax returns. If they don't show enough income, you will
also need evidence that your future income will be sufficient to meet the
requirement (125% of the poverty limit).

    > 2. Do I need to file for her paperwork(immigration paper) for her to
    > stay in US. I understand that as long as Canadian do not extend their
    > visit past 180 days they can stay with any visa etc.

There are more conditions attached to it than that. Primarily, Canadians
must be bona fide tourists or business visitors, must maintain their
residence in Canada and plan to return to it, and cannot work. Basically,
she can stay for up to 180 days, but then should return to Canada and *stay
there*. Also, she may have problems trying to enter the US as a tourist
once you start the process of getting her a Green Card.

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