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  1. #1
    russ101 Guest

    : I am an US Citizen. My fiance is a canadian citizen. We are planing to get married in August'2001 in USA. I didn't know of any immigration law or complications up untill now. Now what could be the best and easiest way for her to live here with me in USA after our marriage and be able to work.
    I really dont want her to go back to Canada amd wait till for the lengthy process. She is in Canada right now. Will it help is he comes here with a visitor visa and then we get married and I file for her?

    : Which form should I use ? Please advice.
  2. #2
    Wyman Guest
    Originally posted by russ101

    : I am an US Citizen. My fiance is a canadian citizen. We are planing to get married in August'2001 in USA. I didn't know of any immigration law or complications up untill now. Now what could be the best and easiest way for her to live here with me in USA after our marriage and be able to work.
    I really dont want her to go back to Canada amd wait till for the lengthy process. She is in Canada right now. Will it help is he comes here with a visitor visa and then we get married and I file for her?

    : Which form should I use ? Please advice.
    ---------------------------------------------------------
    Well "russ101", when dealing with the INS, just about anything can turn out to be a "lengthy process". First of all, Canadians don't need any "visa's" to visit the US. Tell her to come and visit you here in the US, take lotsa pics for proof, and go visit her in Canada, do the same, and file for a Fiance Visa. It's a long process, but as I've heard, will be a shorter wait than any other way for her to come here and marry you legally.
    Spend a couple of hours or so researching this site:
    [url]http://www2.apex.net/users/thehydes/index.html[/url]
    I'm sure the time used researching your answer will be time well spent, and I'm positive you'll be a married man soon with your new Canadian bride. Congratulations and enjoy.

    **Wyman**
  3. #3
    LegalBeagle is offline Senior Member
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    Originally posted by russ101

    : I am an US Citizen. My fiance is a canadian citizen. We are planing to get married in August'2001 in USA. I didn't know of any immigration law or complications up untill now. Now what could be the best and easiest way for her to live here with me in USA after our marriage and be able to work.
    I really dont want her to go back to Canada amd wait till for the lengthy process. She is in Canada right now. Will it help is he comes here with a visitor visa and then we get married and I file for her?

    : Which form should I use ? Please advice.
    [url]http://www.k1faq.com[/url]
  4. #4
    russ101 Guest
    Thanks to both of you for your advise. But as I really dont want to her to back and go through the fiance visa. Can we just get maried while she is here with visit visa and then file for an Adjustment of Status ? I understand this way it will take longer to process her green card but that doesn't matter to us as long as she can get an EAD card (So that she can work, obtain a drivers license, SS number ETC.)

    Do you think it will work ? I am still learing all the porcess. Please correct me if I am wrong.
  5. #5
    LegalBeagle is offline Senior Member
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    Originally posted by russ101
    Thanks to both of you for your advise. But as I really dont want to her to back and go through the fiance visa. Can we just get maried while she is here with visit visa and then file for an Adjustment of Status ?
    Yes you can.. it is called visa fraud though, but INS seems to turn a blind eye to this if you can prove she did not enter the US with the intention of staying and you have a bonified marriage.
  6. #6
    faiths is offline Junior Member
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    Would not recommend it.

    It's called visa fraud for a reason.

    In 1984, I (Canadian citizen) married my husband (US citizen) in Saskatchewan. I had been volunteering for the previous 6 months in the US through a church agency on a B1 Visitor's permit. I planned to stay there an additional 12 months. Our future plans, regarding residency, were not made yet.

    Taking the advice of a senior staff person from the church agency that I was employed by (I was told by him that I had two options: apply for permanent residency, or remain on my visitor's permit), I decided to remain there on my visitor's permit while we were in the decision-making process regarding where our future would take us.

    We crossed the border at Niagara Falls, heading to PA, where we lived. However, the advice that I was given was incorrect, and it was not legal, for me, as a Canadian now married to a US citizen, to remain in the US on my visitor's permit. We were, on our honeymoon, kept at the US border for 3 hours and questioned. I was accused (as a volunteer) of taking away jobs from American citizens and treated very rudely by two INS officials. I was in tears for most of the time.

    They did, eventually, allow me to cross. But, I was under the impression that they did not have to.

    I crossed, under strict orders not to return to my volunteer position until I had things worked out with the INS offices in Philadelphia.

    Luckily, the INS officer in Philadelphia was a friend of the person who'd given me the incorrect advice. Although he confirmed that what the INS had told me at the border was correct, he was kind and we were able to work things out without too many complications. My permanent residency visa came through in February 1985, and I was able to go back to volunteering following the INS visit.

    Was not worth the stress. Do it the right way.

    ~ Faith
  7. #7
    Proserpina is offline Senior Member
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    Quote Originally Posted by faiths View Post
    It's called visa fraud for a reason.

    In 1984, I (Canadian citizen) married my husband (US citizen) in Saskatchewan. I had been volunteering for the previous 6 months in the US through a church agency on a B1 Visitor's permit. I planned to stay there an additional 12 months. Our future plans, regarding residency, were not made yet.

    Taking the advice of a senior staff person from the church agency that I was employed by (I was told by him that I had two options: apply for permanent residency, or remain on my visitor's permit), I decided to remain there on my visitor's permit while we were in the decision-making process regarding where our future would take us.

    We crossed the border at Niagara Falls, heading to PA, where we lived. However, the advice that I was given was incorrect, and it was not legal, for me, as a Canadian now married to a US citizen, to remain in the US on my visitor's permit. We were, on our honeymoon, kept at the US border for 3 hours and questioned. I was accused (as a volunteer) of taking away jobs from American citizens and treated very rudely by two INS officials. I was in tears for most of the time.

    They did, eventually, allow me to cross. But, I was under the impression that they did not have to.

    I crossed, under strict orders not to return to my volunteer position until I had things worked out with the INS offices in Philadelphia.

    Luckily, the INS officer in Philadelphia was a friend of the person who'd given me the incorrect advice. Although he confirmed that what the INS had told me at the border was correct, he was kind and we were able to work things out without too many complications. My permanent residency visa came through in February 1985, and I was able to go back to volunteering following the INS visit.

    Was not worth the stress. Do it the right way.

    ~ Faith

    Oh dear lawdy, this thread is halfway to puberty.

    For the love of everything good and chocolatey PLEASE start your own thread if you have a legal question.

    One other thing. You might want to take into account any and all recent changes to the law. I mean it's not like the law actually counts, or anything.

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