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US citizen marrying a Canadian

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US citizen marrying a Canadian

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Old Mar 12th 2002, 8:05 am
  #1  
James Schultz
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Default US citizen marrying a Canadian

I am a United States citizen who is currently visiting Canada. I will be married to
my fiancée, who is Canadian, on March 30. The ceremony will take place in Canada and
we plan to stay in Canada until at least May. In May or sometime shortly after we
plan to settle in the United States. Both my fiancée and I are confused as to the
proper forms she should be filing for anticipated entry into the US. We have looked
at the US Immigration website and have talked to the Consulate office in Calgary.
However, after doing this research we are only more confused. I am hoping that
someone can give us some straight up advice as to how to proceed. My fiancée wants to
work in the United States when that time arrives. I have heard that it may take some
time to get work visas and such. Therefore, we are trying to be proactive in the
application process. Please help. Thanks in advance
J. A. Schultz
 
Old Mar 12th 2002, 9:36 am
  #2  
Shelley
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Default Re: US citizen marrying a Canadian

Unfortunately, you cannot get married in March and bring your new wife to the US in
May. Time to rethink your plans. If you marry in Canada, it will be at least 6 months
to a year before your wife will be able to enter the US to live (truthfully she will
not even be able to visit any longer because she has immigrant intent and will most
likely be stopped at the border) There are three ways for her to immigrate to the US
for you to live in the States
1. K-1 (fiancé) visa. For details see www.k1faq.com but basically you will file an
I-129F petition with your Service Center, when it is approved, she will receive
a packet of papers from the Consulate (only Vancouver and Montreal do K-1
visas), she will have an interview at one of these Consulates and then receive
her visa to come to the US to be married (You have 90 days to marry and file
for Adjustment of Status). My husband and I used the K-1 visa method (he is
from Manitoba).
2. Marry in Canada. Then you return to the US, file an I-130 at your local Service
Center, wait for approval (which can take a year) then she will get more papers
from the Consulate - Montreal is only one who does spousal visas. She will go
to Montreal for an interview and then be given a spousal visa to enter the US -
but she will enter as a Permanent Resident. Going this way - you can file for
the K-3 visa after you receive your first NOA (Notice of Action) from your
I-130 filing. The K-3 will take 6 months or so to process. See
http://www.geocities.com/immigration_helpsite/index.htm for detailed
information.
3. Enter the US as a visitor. As long as the entry is "clean" (no questions
regarding marriage when you cross), then you can marry in the US, file the
I-130/II-485 AOS package at your LOCAL INS office. Downside here is that your
wife cannot return to Canada until she receives her Advance Parole (travel
authorization) and she cannot bring her household belonging with her when she
enters - that would show immigrant intent without proper documentation. See Doc
Steen's site - the section called Tourist Adjustment
http://www.mindspring.com/~docsteen/...o/visainfo.htm

I have only briefly outlined each method - read the site links for details. Only
using method 3 could your wife work almost immediately after entering (she would need
a Social Security Card), using the other methods you have to apply for work
authorization which would take 1 to 120 days depending on where you live). The Doc
Steen site is probably the best, and has details of all 3 ways I described, as well
as more helpful hints, examples of forms, and links to more pages and personal
experiences. Also try posting to alt.visa.us.marriage-based for folks going through
this process. Take Care. Shelley

"James Schultz" <[email protected]> wrote in message
news:[email protected]...
    > I am a United States citizen who is currently visiting Canada. I will be married to
    > my fiancée, who is Canadian, on March 30. The ceremony will
take
    > place in Canada and we plan to stay in Canada until at least May. In May
or
    > sometime shortly after we plan to settle in the United States. Both my fiancée and
    > I are confused as to the proper forms she should be filing for anticipated entry
    > into the US. We have looked at the US Immigration
website
    > and have talked to the Consulate office in Calgary. However, after doing this
    > research we are only more confused. I am hoping that someone can
give
    > us some straight up advice as to how to proceed. My fiancée wants to work in the
    > United States when that time arrives. I have heard that it may
take
    > some time to get work visas and such. Therefore, we are trying to be proactive in
    > the application process. Please help. Thanks in advance
    > J. A. Schultz
 
Old Mar 13th 2002, 4:05 pm
  #3  
Rob Taylor
Guest
 
Posts: n/a
Default Re: US citizen marrying a Canadian

I left Calgary (Chestermere Lake) to live in Utah. I'm from Calgary and my wife is
American. We live just outside Salt Lake City. What a hassle. INS lost my paperwork
between Montreal and Vancouver. Finally we got a US Senator involved and BANG I was
in. I immediately got to go to Vancouver for my interview, got my passport stamped
and was in.

I used the INS website a LOT. I got in via K1. Just do it the right way or they'll
give you hassles like you've never seen. Don't just come down and plan on staying. Do
it properly. Showing a desire to follow the rules will help you in the long run in
the eyes of the INS. Trust me.

When she comes into the USA be tell her to be prepared to be made fun of. The
Americans think us Canadians talk funny. They think we say "aboot"...not about.

"James Schultz" <[email protected]> wrote in message
news:[email protected]...
    > I am a United States citizen who is currently visiting Canada. I will be married to
    > my fiancée, who is Canadian, on March 30. The ceremony will
take
    > place in Canada and we plan to stay in Canada until at least May. In May
or
    > sometime shortly after we plan to settle in the United States. Both my fiancée and
    > I are confused as to the proper forms she should be filing for anticipated entry
    > into the US. We have looked at the US Immigration
website
    > and have talked to the Consulate office in Calgary. However, after doing this
    > research we are only more confused. I am hoping that someone can
give
    > us some straight up advice as to how to proceed. My fiancée wants to work in the
    > United States when that time arrives. I have heard that it may
take
    > some time to get work visas and such. Therefore, we are trying to be proactive in
    > the application process. Please help. Thanks in advance
    > J. A. Schultz
 

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