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Marriage in the United States

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Anna K.

Junior Member
If I am a Canadian citizen coming to the United States to marry my fiancee, how long will the paperwork for residency take, after obtaining a marriage certificate to process, and will I be allowed to work right away?

Thanks to anybody who has an answer!
 


evcalyptos

Senior Member
Anna K. said:
If I am a Canadian citizen coming to the United States to marry my fiancee, how long will the paperwork for residency take, after obtaining a marriage certificate to process, and will I be allowed to work right away?

Thanks to anybody who has an answer!
If the H-B1 visas reached the cap, is there a chance of obtaining it if I am a fiancee of an American citizen?

Also, if we are not planning to get married right away, can I still get EAD?
When you enter with your K-1 visa, you will have 90 days to complete your marriage ceremony. You may then file your Adjustment of Status which makes you eligible to also apply for employment authorization.
If your EAD application is not approved within 90 days, you may get an interim EAD.
Fiances would do well to plan for 3-4+ months of unemployment when first in the US.

Being the fiance of a USC does not help your H-1B application and you are not entitiled to any benefits (like EAD) without being married to a USC and applying for AOS.

You do know it's illegal to enter the US as a visitor with the intent to remain and Adjust Status, don't you? You might want to look up the K-1 fiance visa FAQ.
 

Anna K.

Junior Member
evcalyptos said:
When you enter with your K-1 visa, you will have 90 days to complete your marriage ceremony. You may then file your Adjustment of Status which makes you eligible to also apply for employment authorization.
If your EAD application is not approved within 90 days, you may get an interim EAD.
Fiances would do well to plan for 3-4+ months of unemployment when first in the US.

Being the fiance of a USC does not help your H-1B application and you are not entitiled to any benefits (like EAD) without being married to a USC and applying for AOS.

You do know it's illegal to enter the US as a visitor with the intent to remain and Adjust Status, don't you? You might want to look up the K-1 fiance visa FAQ.
If, being a Canadian citized, I do not require a visa to enter the United States, do we still have to apply for K-1 visa or can we get married and then apply for the AOS? Can this (K-1 application) be done while residing (on a visitor status) in U.S.?
 

evcalyptos

Senior Member
Anna K. said:
If, being a Canadian citized, I do not require a visa to enter the United States, do we still have to apply for K-1 visa or can we get married and then apply for the AOS? Can this (K-1 application) be done while residing (on a visitor status) in U.S.?
Canadian citizens may enter the US without a visa as visitors.

If you are intending to immigrate, you require a visa. Visas are used for entering the US, so no, you may not reside in the US while applying for a visa.

It is illegal to enter the US as a visitor with the intention to remain and Adjust Status.

You may find that, if you can show convincing evidence of your ties to Canada and intent to return to your home, you can visit while you are waiting for the petition to be processed.
Your entries and exits may be monitored/recorded at the border even if you are not formally inspected.

More than one Canadian spouse has found themself on the 'wrong' side of the border unexpectedly, and for a long time.
 

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