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Expert James
Expert James, Immigration Attorney
Category: Immigration Law
Satisfied Customers: 7312
Experience:  Experienced in all aspects of immigration and nationality law.
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Canadian fiance and moving to US

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I am planning to marry my Canadian citizen fiance. But she is finishes her medical school in Canada in 2015, so she will be staying there for a while. We are planning to get married here in US soon. I think I need to file I-130 for her immigration. Can an expert confirm? So the plan is to apply this summer for I-130 this August so that next August 2014 she can immigrate here to get green card. Then go back to canada within few weeks to finish her school till May 2015. And in November 2014 she applies and interviews with hospitals with US green card and social security number while still studying in final year in Canada (Toronto). Once she is accepted, she moves in May 2015 permanently with me here. Is this feasible? When I immigrated to US back in 2007 I was finishing my school and they said they allow people if they are in school full time 1 year to finish their school before making US their permanent home.

Submitted: 1 year ago.
Category: Immigration Law
Expert:  Expert James replied 1 year ago.
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Yes, the I-130 petition is the petition that should be filed in order to sponsor your foreign spouse.

It is feasible, but at any point in time that the US decides to do so, they can require her to surrender her green card because of the perceived intent that she no longer intends to lie and work in the US as a permanent resident. They could simply ask her to prove that she never intended to give up her status as a permanent resident, which means she would have to show strong ties to the US to satisfy an officer that she never would have left, but for being in medical school.

At no point should she ever be outside of the US for 6 months or more as a time, unless she is willing to face this questioning, and possible confiscation of her green card.

Note that being enrolled in school - especially professional school - would be one reason why the US would overlook her absence from the US while a permanent resident. What I would do, just to cover the bases, is to apply for a Re-Entry Permit with form I-131, once she's already a permanent resident. On this document, she can explain that she wants the Re-Entry Permit so that she can finish medical school. They may or may not approve it, since she won't be gone for 1 year or more; but it is worth a shot, in case they approve it. Or at the very least to show a good faith effort to maintain her permanent resident status, even though she was absent for long stretches of time.
Expert James, Immigration Attorney
Category: Immigration Law
Satisfied Customers: 7312
Experience: Experienced in all aspects of immigration and nationality law.
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