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LawTalk, Attorney and Counselor at Law
Category: Family Law
Satisfied Customers: 37639
Experience:  30 years legal experience. I remain current in Family Law through regular continuing education.
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I am a retired lady - Canadian who wishes to marry a US citizen.

Resolved Question:

I am a retired lady - Canadian who wishes to marry a US citizen. I do not want to work in the US. What are the steps we must take?
Nancy Cunningham
Submitted: 6 years ago.
Category: Family Law
Expert:  LawTalk replied 6 years ago.
Good afternoon,

The fact that you are not a US citizen will not prevent you from marrying one, and you may do so at any time here in the US. I have two nephews who married Canadian citizens and then applied to immigration for their entry into the US.

You will need to apply for a Spouse Visa.

Here is a link to assist you in understanding the process:

I wish you and your fiancee the best in your future together.

Because I help people here, like you, for a living---this is not a hobby for me, and I sincerely XXXXX XXXXX abiding by the honor system as regards XXXXX XXXXX I wish you and your family the best in your respective futures.


Customer: replied 6 years ago.
Thank you for the reply - what is easier? - getting married first and then applyting for a K-3 visa or my fiance applying for a K-1 visa before marriage?
Expert:  LawTalk replied 6 years ago.
Good afternoon,

The K1 Visa takes 3 to 6 months to process before your arrival in the US.

The K3 visa average 5 to 8 months.

I wish you the best in 2011.


Customer: replied 6 years ago.

And what about limited access just visiting the US? 180 days in a 12 month period? Is this a Customs rule? What are the repurcussions about staying longer?


Expert:  LawTalk replied 6 years ago.
Good evening,

My understanding is that you may stay up to 6 months in a 1 year period on a B-2 Visa as a Canadian citizen traveling to the US. If you overstay the visa you will have violated the US law, and it may well adversely affect your attempt to gain permanent residency status. Don't do it! You don't want to risk your application for permanent residency in the US with your husband.

Please, remember that I only receive credit for helping you when you Accept my answer. Until then your payment is simply held by and not shared with me. So, please click the ACCEPT icon if my Answer has been informative, and helpful to your understanding of the law. Thanks again.


LawTalk and other Family Law Specialists are ready to help you
Customer: replied 6 years ago.

I spend 5-6 months of the year in the southern US as a 'snow bird' - should I get married while in the US? and then apply for immigration status? - or shoud we get married in Canada? What are implications for him as a US citizen?


Expert:  LawTalk replied 6 years ago.
Good evening Nancy,

With all respect intended, the Terms of Service of JustAnswer specify that each customer ask one question in each question thread. I would respectfully XXXXX XXXXX you open a new question thread if you have a new question to ask of me. You may ask for me personally by referring to me by name (Doug) in the question and I will be able to answer your continuing questions.

I think that I have been quite reasonable in responding to your numerous questions thus far. We are now getting far afield of your original question.

I ask that you accept my answers to this point and open a new question should you have additional questions.

Thank you.


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