J asked in Politics & GovernmentImmigration · 1 month ago

Immigration Question!?

I am a Canadian citizen who came to the United States to visit my girlfriend of 2 and a half years along with our 2-month-year-old son. I've been here for about 3 months and I wanted to marry her and spend the rest of my life with her. I researched that its perfectly fine to marry her on a visitor visa, however, if we file for adjustment of status its visa fraud. I don't want to get in trouble and want to do everything right, do I need to return to Canada and come back and then apply for adjustment of status? I just want options. 

7 Answers

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  • Marvin
    Lv 7
    1 month ago

    You have to go back to Canada (when possible), and she must petition you for a K1 visa so you can return and get married (the process used to take about 8 months if she has any pull like being a Veteran), and about a year and a half otherwise.  Due to COVID I would expect it to take two years.

    If you marry while on your visit, then you must return to Canada. She can then perdition you for a CR1 visa.  If you do so, then they will forget about you getting married on a visit. The fact that you left after getting married, and the fact that she petitioned you proves you did not intend to commit fraud.  The process take just as long as a K1. It is not difficult.

    In either case, she must have a job, sufficient income , and a domicile.  She is responsible to support you. 

     

    I suggest you go with the K1. It really is easier.

    How did I do it?  I petitioned my wife for a K1 from Singapore were I was working at the time.  We got married in the USA and then left again.  I did that so we could share bank accounts and set up a credit rating for her.  Four years later I petitioned her on an IR1. It was approved, but we put it on ice a while. I returned to the USA, got a job, and then we completed the process.  That was two years ago.  We spent about $7000 total, but keep in mind that that includes the cost of air fare.  You can just drive down from Canada for the cost of a tank of petrol.

    I adopted a son, and brought him to the USA. He has a green card. We are waiting on his citizenship to come though, but that is taking a while because of COVID.

    I did all this stuff on my own except for the adoption. That I hired a $400 an hour lawyer for.

  • 1 month ago

    Your US-citizen fiance must apply for your K-1 fiance visa PRIOR TO your entry to US if you want to marry in US & adjust status. Your US-citizen fiance must prove sufficient earnings to support self + all dependents + you + your minor child. (IF the child is the child of the US-citizen, US-parent must get child US passport, or it is already living in US with US parent, so no visa, but it counts as a dependent & affects earnings requirements.) You will be scheduled for your visa interview, health checks, biometrics, etc, at the US consulate nearest your home in Canada. You remain in Canada until your fiance visa is approved & received. Then you have 90 days from your date of entry into the US to marry & apply for Adjustment of Status. If you do not marry, you return home.

    IF you marry in US on tourist visa, visa waiver, or Canadian citizens' privilege of visa-free entry (which is for tourism ONLY!), you return to your home in Canada immediately! Then your US-spouse can file for your spouse visa (CR-1). You remain in Canada until that visa is approved & received. Spouse visa typically takes longer than fiance visa, and can often take twice as long to get. Fiance visas commonly take 9-12 months; spouse visas can take 2 years or so.

    Suggest you propose, give her an engagement ring, GO HOME, and let her start the K-1 visa process. Shorter separation until you can return to US. Of course, if she doesn't meet earnings requirements, you'd better consider whether you meet earnings & savings/investments requirements to start applying for her immigration to Canada.

  • Foofa
    Lv 7
    1 month ago

    Yes, you need to return to Canada to undergo the processing for the correct visa. Your US citizen girlfriend will have to apply to sponsor that (and earn enough money to do so). 

  • GF
    Lv 5
    1 month ago

    The best thing would for the 3 of you to move to Canada. This way you don't have to deal with US immigration 

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  • Maxi
    Lv 7
    1 month ago

    You return to Canada and she will have to qualify and apply for a spousal visa, while you wait in Canada until you get the visa.... qualifying means she will have to earn enough to sponsor you and have 3 yrs of past filed taxes. ..... you can't 'adjust status'

    from arriving as a visitor.....

  • Lisa A
    Lv 7
    1 month ago

    You can not file for adjustment of status. Adjustment of status is to adjust from one visa class to another. You have no visa at all to adjust from. You must return home after you marry, and wait for her to file a form I-130 to get you a visa to enter the US as her spouse. Once you get your spouse visa, you can enter, and then your green card will be mailed to you. You are good to live and work in the US legally after that.

  • 1 month ago

    Why do you want opinions? This seems like a simple thing to google and/or contact t he appropriate immigration authorities and ask, so you'd have FACTS.

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