How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Expert James Your Own Question
Expert James
Expert James, Immigration Attorney
Category: Immigration Law
Satisfied Customers: 12304
Experience:  Write FOR JAMES to get my help!
Type Your Immigration Law Question Here...
Expert James is online now
A new question is answered every 9 seconds

Canadian fiance and moving to US

This answer was rated:

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.

Thank you for using this service to find answers to your questions. Please note that I earn my living by helping customers like you. I only ask that you rate me positively when we are finished. Keep in mind that the law sometimes does not have a good solution to your issue, but I will do my best to find one for you. Also, if you feel the need to use "poor service" or "bad service," please ask follow-up questions instead, so that I can try to help you further.

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 and 3 other Immigration Law Specialists are ready to help you