Varuna21

My fiance will shortly have her K-1 visa interview at the embassy in
Hungary, and I'm wondering if once we're married here in the States
how long it will be before she will be able to travel back home once
again.
Also, I will be studying in Canada starting in the fall of 2007. Will
she be able to go with me? (Canadian law allows the spouse of an
American citizen to work as long as I'm enrolled fully as a student).
Thanks!!!

Noorah101

Once you marry and file her AOS (including I-131 for AP), she should receive the AP about 2 months after filing. She should not leave the USA before having the AP document in hand.

She might need to apply for a visitor visa to Canada. I'm not sure if her nationality requires one or not. If she does need a visa to visit Canada, I'm not sure how long she'll be allowed to stay on that. Simply being married to you doesn't make her eligible to visit Canada, until she's a US PR.

Be aware that she will need to go for biometrics associated with her AOS and EAD, and she will need to be in the USA for that. Also, be prepared to return to the USA on short notice for her AOS interview, which you both must attend.

Are you sure Canadian law extends that right to a non-USC spouse (and even non-US-resident spouse) of a USC?

Where will you be receiving your joint mail? Make sure you have a US permanent address. You'll need to bring proof of your joint life together to the AOS interview, so make sure you have that, even if she is staying in the USA while you study in Canada.

Best Wishes,
Rene

ian-mstm

This is true *only* if the spouse applies for and receives permission to work. Work authorization is *not* automatic.

Ian

Rete

Suggest you post this in the Canadian immigration forum. They would have the answers for you. You do know that once you are married your wife cannot leave the US to reside outside of it while her adjustment is pending. So are you planning on just getting here to marry and then going to Canada?

Elvira

I was wondering why they are bothering with a K1 and AOS at this stage if they are planning to live in Canada for the foreseeable future...

Rete

Probably because she would not qualify for a B2 tourist visa to come to the US. Since he is only going to school in Canada and not immigrating there, he can't petition for her entrance into Canada.

This poster definitely needs to go to an Immigration Attorney for advise since he is dealing with the life of another human being and putting her residency in the US in jeopardy.

Elvira

That's interesting. I thought spouses of students are normally issued with a visa to accompany the student. That's how it is in the UK anyway - I thought in the US too? I know quite a few non-USC students who have their non-USC spouses living with them while they are studying in the US. Are you sure this is not also the case for Canada?

ian-mstm

I'm guessing that he has all his visa paperwork in order for studying in Canada... but they aren't yet married... indeed, she hasn't even had a K-1 interview yet.

Ian

Rete

She will enter with a K-1, marry and then move to Canada. She cannot adjust status in the US if she is living in Canada.

He will eventually be a student in Canada but as a student he cannot petition her unmarried to join him in Canada. That is what I was saying. Believe you misunderstood.

Rete

Why do students want to marry in the first place. They are still young, untested and financially strapped (for the most part anyway). Why marry before you have enjoyed being a young adult. Especially if you are going to marry someone who you have to import from a third country while you are going to school in a second one.

Elvira

Eh....... you said "he can't petition for her entrance into Canada".

I admit I know nothing about Canada, but I know students in a number of different countries, all of which allow students to bring their spouses.

I was merely wondering whether this might also be the case for Canada, in which case why bother trying for AOS in the US at this point.

Elvira

And what business is it of yours...

.

ian-mstm

Can he apply for her once he's in Canada and they have married? I don't know... perhaps he's already researched that. Here's a thought... I wonder if a Hungarian citizen needs a visa to enter Canada... that might throw a monkey wrench into the mix.


I agree... it seems a bit pointless.

Ian

Elvira

Well, seeing that they've already applied for the K1, I guess they might as well go ahead and get married in the US, and then move to Canada. I just wonder whether it would be worth paying out for all the I-485 etc if she's not going to be living in the US for a few years yet. They could just get a spousal immigrant visa for her once they're about a year or so away from moving back to the US.

Rete

Right. If they are not married, he cannot petition for her entrance into Canada. Not hard to grasp. He is not Canadian.