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Judith
Judith, Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 24283
Experience:  34 years as practicing immigration attorney, with non-immigrant and immigrant visa experience.
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I am a Canadian citizen and my boyfriend is an American citizen

Resolved Question:

I am a Canadian citizen and my boyfriend is an American citizen in the US army.
We want to live in the United States after getting married in either Canada or in the US. We did some research, but are still a little confused. What would be the quickest way to go about the situation? Also, we read about Option 1 and 2 on the following URL:
http://www.justanswer.com/immigration-law/17pv5-want-marry-canadian-citizen-bring-us.html
Is this still current for 2013?
Submitted: 11 months ago.
Category: Immigration Law
Expert:  Judith replied 11 months ago.

Hello,my name is Judith. Thank you for this opportunity to answer your questions.

Yes, the law has not changed.

However be careful. You cannot enter the US with the intent to marry and immigrate on your visitor status.

You can come for a visit and then decide spontaneously to marry and then stay.

But when you enter you have to intend to leave.

So if you are going to go the route of adjusting status in the US, do not marry in Canada and wait 60-90 days to marry here



There is a 30/60/90 day rule if applying for
adjustment to resident status here based on the marriage. If you
marry within 30 days there is a presumption you entered with a fraudulent
intent - ie to remain here permanently. If you marry after 60 days there is a
rebuttable presumption that you did not intend to remain here permanently (such
as applying for a marriage license within the 30 days - the govt could rebut
the presumption of no fraudulent intent). If you apply for a license and get
married close to or after the 90 days there is no presumption of
fraud, if you came intending to go back home, and found after
spending significant time together you were inseparable and decided to get
married close to the 90 days, well life plans change - and you would not be
considered to have lied upon entry.

Judith

Customer: replied 11 months ago.

Hi Judith,

Thank you for your response.


A few more questions:


 


What form numbers will we need prior to marriage?


 


What form numbers will we need after marriage?


 


Will I at any point be stuck in the USA for any period of time?


 


Does my boyfriend's status in the Active Military Service with the US Army have any more affect on the process that it would had he been a normal US Citizen?


 


If we do get married in Canada, what will we need to do afterwards? What forms are needed if any, etc?


 


I do not plan to become a full US citizen, am I required to get a Green Card, or can he just sponsor me?


 


 

Expert:  Judith replied 11 months ago.
Happy to answer but need to know where the marriage will be. Process is different depending on where you are married - US or Canada.

Judith
Customer: replied 11 months ago.
The marriage will most likely take place in Canada
Expert:  Judith replied 11 months ago.
Unfortunately, you will have to be patient because it will take a total of 6-10 months for you and she to go through the arduous process of her immigrating.
Hw will file form I-130 with the USCIS here in the US at the lockbox (PO Box) as per the instructions.
You must include with the form a G-325A for you and he along with 2 passport style photos of each of you.
You can find those forms and instructions at this link
http://www.uscis.gov/portal/site/uscis/menuitem.eb1d4c2a3e5b9ac89243c6a7543f6d1a/?vgnextoid=db029c7755cb9010VgnVCM10000045f3d6a1RCRD&vgnextchannel=db029c7755cb9010VgnVCM10000045f3d6a1RCRD

Once your petition is approved (it will take 3-5 months) you will be notified and the petition will be sent to the National Visa Center. In approximately 2-3 weeks they will send you a bill for the immigrant visa fee $230 and your Affidavit of Support (I-864) $88. Additional $165 beginning 2/1/2013.
Once he pay these he will receive instruction on submittin the I-864 and you will get your instructions on begining the immigrant visa process by submitting the DS-230 Immigrant Visa Application.
After that is received the USCIS will request your background/security check be done by the FBI.
When the clearance on you is received your file is forwarded to the US consulate Montreal - all marriage cases go through there.
You will then receive her instructions for your medical and visa appointment.
You will be told what documentation to bring.


If you marry in the US

Here is what you will need: Find instructions for each here: http://www.uscis.gov/portal/site/uscis/menuitem.eb1d4c2a3e5b9ac89243c6a7543f6d1a/?vgnextoid=db029c7755cb9010VgnVCM10000045f3d6a1RCRD&vgnextchannel=db029c7755cb9010VgnVCM10000045f3d6a1RCRD

I-130 Immigrant Petition (signed by US citizen spouse)

I-485 Application for Adjustment of Status (signed by alien)

I-765 Employment Authorization Application (signed by alien)

I-131 Application for Travel Document (signed by alien- this document permits alien to travel during the pendency of their "green card" case)

G-325A Biographic Sheet (one for alien and one for their spouse)

G-1145

A medical examination in a sealed envelope performed by a civil surgeon (find one here: https://egov.uscis.gov/crisgwi/go?action=offices.type&OfficeLocator.office_type=CIV

I-864 Affidavit of Support

Two passport sized photos of spouse

Six passport size photos of alien

Copy of alien’s passport including all blank pages and I-94

Copy of US citizen birth certificate, natz cert or passport

Copy of spouse's birth certificate

Copy of any divorce decrees

Copy of marriage certificate

One check for the I-130 in the amount of $420

One check for the I-485/765/131 in the amount of $1,070

The packet get filed at the PO box on Page 6 of the instructions

http://www.uscis.gov/files/form/i-485instr.pdf

You can read about the process at this site http://www.uscis.gov/portal/site/uscis/menuitem.eb1d4c2a3e5b9ac89243c6a7543f6d1a/?vgnextoid=9c8aa6c515083210VgnVCM100000082ca60aRCRD&vgnextchannel=9c8aa6c515083210VgnVCM100000082ca60aRCRD

Conditional Resident status is granted for 2 years. You and your spouse have to file a joint petition to remove this conditional status within 90 days of the 2nd anniversary date of the adjustment approval. http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=745218a1f8b73210VgnVCM100000082ca60aRCRD&vgnextchannel=4ca43a4107083210VgnVCM100000082ca60aRCRD

Judith

Judith, Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 24283
Experience: 34 years as practicing immigration attorney, with non-immigrant and immigrant visa experience.
Judith and 7 other Immigration Law Specialists are ready to help you

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