SSJ

Good Day! I’m a Canadian Citizen. I’ve been dating my boyfriend, a US citizen for 2 years. Now we’re pregnant and I plan to give birth in Canada late February, then move down to US around April 2003. We want to get married but had heard INS process Fiancée Immigration (K-1?) more promptly than Spousal Immigration. One of my co-workers’ friend was in a similar situation. She's Canadian, married her US husband in Vancouver Canada, then applied for Spousal Immigration. It took them 3 years before she can be admitted into US!

Please tell me 1) Is it true INS is reluctant to recognize marriage taken place outside of US? 2) How long will the procedures take, as Fiancée vs. as Spouse, before I can be admitted as conditional permanent resident?

Fortunately I’ve been able to visit him in Alabama every 2 to 3 months, with the Visa Waiver program between Canada and US. Now that we’re going to have a baby soon, I’ll no longer have the luxury to travel as often. Please advise me on my best options to be able to stay in US long term legally. Thank you!

Rete

The report of 3 years to finalize a Spousal Visa seems extreme. Normally it is around a year.

The fastest method is the Fiancee Visa and since he is in Alabama you will be using the Texas Service Center and then depending on where you live in Canada, the Vancouver or Montreal US Consulate. Time frame for that is 5 months.

Start the proceedings now if you want for the Fiancee Visa. Once it is approved you have six months in which to use it by entering the US and once in the US you have to marry within 90 days. From there you file for AOS.

Rete

Rete

A PS to my original post

Do not count on being able to come and go into the US once your pregnancy is evident. This will undoubtedly raise red flags at the POE and if discovered the father of the child is a USC and you are going to visit him, then they will not allow you through. You would be too good a candidate for migrating.

Also the INS is not reluctant to recognize marriages performed outside of the US. Why would you think that?

Rete

PPS I've married to a Canadian

SSJ

My boyfriend is in US Army. One of the officers, who's supposed to be a guru on immigration, advised him, "The worse thing you can do is to get married in Canada, it'll further delay the process with INS. If you want to get married, do it in the US." I found it odd and thought maybe INS doesn’t like it in case of marriage fraud. Guess that person is not a guru after all... Also thank you for your prompt reply... I have excellent job/benefit in Canada so will for sure have the baby in Canada. I know US Custom/INS will be suspicious no matter what... You think they'll be willing to accept any kind of deposit (I can do up to US $10,000) to ensure I won't give birth in US? Or is this a stupid idea? Before baby's birth, I'll be travelling one more time for US Thanksgiving... Will be 6-month pregnant.

Rete

In reading between the lines it would appear to me, and it is an opinion only, his guru was telling him that to marry while you are here in the US and filing for adjustment of status to permanent resident based on that marriage while you are still residing in the US is the fastest and easiest way. And in that he would be correct.

The INS will honor any marriage that is performed legally within the customs and guidelines of a particular country. So that is not an issue. I believe his guru was talking more of location when filing for AOS rather than the wedding itself.

As for the bond, no that is not a consideration.

Rete

Melissa

This would explain your interpretation, but it actually means just what Rete
was explaining. IF you marry in Canada, you will have to apply for a spousal
visa. What the officer was probably trying to say is that you should marry
in the US, *after having travelled there using a fiancé visa.* It does not
mean that the INS suspects fraud if the marriage occurs in Canada.

Melissa
"SSJ" wrote in message
news:445926.1034804630@britishexpats-
.com...
    > My boyfriend is in US Army. One of the officers, who's supposed to be a
    > guru on immigration, advised him, "The worse thing you can do is to get
    > married in Canada, it'll further delay the process with INS. If you
    > want to get married, do it in the US." I found it odd and thought maybe
    > INS doesn't like it in case of marriage fraud. Guess that person is not
    > a guru after all... Also thank you for your prompt reply... I have
    > excellent job/benefit in Canada so will for sure have the baby in
    > Canada. I know US Custom/INS will be suspicious no matter what... You
    > think they'll be willing to accept any kind of deposit (I can do up to
    > US $10,000) to ensure I won't give birth in US? Or is this a stupid
    > idea? Before baby's birth, I'll be travelling one more time for US
    > Thanksgiving... Will be 6-month pregnant.
    > --