Canadian citizen wanting to marry a Green Card holder

[nats_magic]

hi everyone

i'm a canadian citizen and my fiance is a green card holder in the US. we are planning to get married and have me move to the US. we don't want to live apart!! is there any way in which i can legally stay in the US with him and work as well? if not what options do we have?

please advise!! thanks

 

[ImmigAttyLana]

Not on the basis of marriage because marriage to a permanent resident does not confer any immediate immigration benefits upon you. It will take about 4-6 years before that petition could allow you to immigrate if he does not become a US citizen or possibly less time if he can naturalize soon and then upgrade your petition to that of an immediate relative but that will still take time.

The only lawful way for you to come to the US and to live here with him would be for you to qualify for an employment-based visa, such as TN (if you work in an occupation that is covered by the NAFTA TN visa) or H-1B if you have a bachelor's degree or equivalent and find a job that is related to your educational background and have the employer petition for you.

Please let me know if you have any additional questions or how I can be of further assistance to you in this matter.

 

[nats_magic]

thank you for your prompt reply.

so assuming i get a student permit and go to the US and marry him (he is a greencard holder) then is the marriage registered? what about my spousal rights?

 

[evcalyptos]

thank you for your prompt reply.

so assuming i get a student permit and go to the US and marry him (he is a greencard holder) then is the marriage registered? what about my spousal rights?

Your 'spousal rights' don't extend to immigration.
If you are married with a US Permanent Resident, he can petition for your immigration. The petition alone gives you NO immigration benefit.
In about 4-6 years, a visa number should be available for your category, and THEN you can get your own Green Card.

Or, if your LPR spouse naturalizes to US citizenship, your petition upgrades immediately, and you can immigrate sooner.

 

[nats_magic]

so is it advisable for my fiance to sponsor me at this point or after he gets his US citizenship? and also if he sponsors me immediately can i legally stay in the US until that time?

 

[ImmigAttyLana]

NO, if he applies for you now, you WON"T have permission to remain in the US. That is what was meant by saying that it does not confer any immediate immigration benefits upon you. If you plan to get a student visa to enter the US in the meantime, it is best if he does not file anything on your behalf since you are not permitted to have immigrant intent as an entering international student and having a spouse petition filed clearly shows that there is immigrant intent.