canadian marrying an american

**rugg2** · 9th May 2006, 03:08 AM

i am a canadian woman and intend to marry an american man ,,,we will be living in the states permanently,,,so far all i can find is the process for living in canada ,,,what are the rules for my situation and do i need visas or whatever to live in the states after or before marriage ?

**someitguy** · 9th May 2006, 04:40 PM

Similar to my wife and me.

You and yours need to fill out several forms.

Short list is
G-325(a) Biographic Information - at least 1 each
I-129 F Petition for Alien Fiance(e) - You must get married to him IN the US within 90 days of approval - no they don't make planning the wedding easy !
I-131 Application for Travel Document - if you intend to trave back to Ca for business or personal reasons before your residency is approved.
I-485 Application to Register Permanent Residence or to Adjust Status
I-765 Application for Employment Authorization - this lets you work, but more importantly lets you easily get a US Driver's license and Social Security Card.

Forms are downloadble form USCIS.gov :
Click here ==>http://www.uscis.gov/graphics/formsfee/forms/index.htm

Prepare to spend 8-900 dollars (US) as well.

Read up on the forums, they contain a myriad of good information you will no doubt find helpful !

**ChantelC** · 19th June 2006, 03:40 PM

I am canadian and engaged to a US marine. I have been on many different sites reading about the proper forms to fill out ie I-129 and G325 but i have also read that it would be much easier to go into the US as a visitor, get married and then apply for full citizenship. Looking for advice this is so confusing

**bhoray** · 19th June 2006, 07:51 PM

It'll definitely be faster and easier for you to obtain LPR -> US Citizenship after marriage than before ie as a fiancee. So unless you have reasons not to, go ahead, come to the US and get married to him, then he can file for a green card for you as an immediate relative and adjustment of status while in the US. This way you don't have to wait for years to get sorted out.

**ChantelC** · 19th June 2006, 10:09 PM

Thats what ive been thinking too but just affraid of how its all going to turn out..everything is so complicated..IF i just go in the us as a visitor and marry isnt that entering the us with false pretence? ive heard such horror stories about filling the i129 and it taking so long to be approved..i dont want to wait years before i get to work

**bhoray** · 19th June 2006, 10:21 PM

It does not matter really where you get married, the most important issue is being married. You can even get married in Canada, then come to the US and process the necessary papaerwork. I don't think you need to be afraid of anything, cos marriage based green card is one of the fastest routes to obtaining US citizenship, unless you have doubts about your relationship.

**ChantelC** · 19th June 2006, 11:17 PM

no doubts on the relationship ...only doubts on the system

**someitguy** · 22nd June 2006, 03:22 PM

ChantelC, doubting the system is natural, and healthy

I don't trust USCIS as far as they can be thrown.

However, like I mentioned in the PM.. Get married, and file from Inside the US.
Be prepared not to travel back to Ca. for at least 2-3 months. Also during your
wait, you cannot get a Drivers license, ss#, bank account, or a job.

If that suits you and yours ok, then go for it.

I read up about the fiance visa, the law is that no matter how fast you are processed,
you must stay out of the US for a minimum of 3 months before entry will be granted.

**SpanishGirl** · 20th June 2009, 05:12 PM

Originally Posted by rugg2

i am a canadian woman and intend to marry an american man ,,,we will be living in the states permanently,,,so far all i can find is the process for living in canada ,,,what are the rules for my situation and do i need visas or whatever to live in the states after or before marriage ?

I don't know if you already found my thread, but I have 5 pages on my thread with tons of information on this process. I am in the same situation as you. I, a Canadian citizen, just got married to an American citizen on June 16th here in Florida. We are going to live here for good.

Go to the section: Green cards obtained by Marriage/relative .....
and look for thread "Canadian Marrying an American in July"

It should help you with many of your questions.

Rachel

Never mind.. I just realized this thread is 3 years old. I am assuming you are already married.

**Ashley86** · 21st January 2010, 10:48 PM

hey there , i am canadian and wanting to marry my american fiancee which lives in florida , i was woundering on what way would be the easyist way so we can be together . if he comes to cananda to get married could i go back with him and get papers filed or do i have to stay in canada , or can we just go get married in the us would i be able to stay while he appiled for a visa for me , and what kind of visa would take less time and easy to get ,thanks this is very confusing and stressfull lol

**mangojunkie** · 28th March 2010, 12:02 PM

I'm in a similar situation as well. Except my boyfriend is a permanent resident in the US, and not a citizen yet until July 2011. We are planning on getting married in the US in June, and I thought that I had to come back to Canada to file the paperwork? But reading through the previous posts, it looks like I can file from the US after we are married? Is this the case?

**elcupacabras** · 28th March 2010, 01:47 PM

It is classed as immigration fraud if you enter the US as a tourist with the intent to AOS.....however, as your soon to be husband is a PR and not a citizen you will not be able to gain any immediate immigration benefits by filing the papers. What I mean by this is that when a non US citizen marries a US citizen and they file the papers, the non US citizen's status becomes protected during the 6-10 month wait for the GC (ie, they are no longer classed as tourists and do not need to worry when there visa entry stamp expires as they have a new status 'AOS pending). However, this benefit is not given when filing papers based on marriage to a GC holder.....there is no protected status and the wait time for your GC is roughly 4-6 years.
My complete layman's advice would be to marry on your next visit to the US, file papers, return to Canada before your entry stamp expires, upgrade your petition when your husband becomes a citizen, await your visa (you can still visit during this time), then enter the States with your spousal visa in hand. Alternatively you can marry, return to Canada, then file for the spousal visa when he becomes a citizen.

**mangojunkie** · 28th March 2010, 06:32 PM

Thanks for the reply

In what case is it ok to travel to the US to marry in the eyes of US immigration?
When we do marry, we file the papers in the US, do I tell the US customs when I return to Canada that i'm married?? Or do I not say anything?
Buying a plane ticket to the US - can I purchase a ticket for roundtrip for 6 months? Will I get hassled at customs before boarding my plane in Canada to explain why?
Can we file the papers while I'm in the US (at the Consulate in Canada)? Schedule an appt and when the appt nears (providing it is within the 6 month visitor visa) return home to Canada for my appt?
Thanks

**elcupacabras** · 28th March 2010, 07:18 PM

In what case is it ok to travel to the US to marry in the eyes of US immigration?
Marrying in the US is fine in the eyes of US immigration. Entering the US, marrying and then attempting to stay during that trip is when it becomes a problem.

When we do marry, we file the papers in the US, do I tell the US customs when I return to Canada that i'm married?? Or do I not say anything?
You can file the papers while you are in the US, just so long as you return home before your 6 months is up. Do not volunteer any information to US immigration when you enter the US.....if they ask you whether you are going to get married then obviously answer truthfully. If they dont ask you there is no need to bring it up.

Buying a plane ticket to the US - can I purchase a ticket for roundtrip for 6 months? Will I get hassled at customs before boarding my plane in Canada to explain why?
Yes you can get a return ticket for 6 months. Be prepared though to show ties to Canada to prove that you are going to return to Canada after those 6 months are up (mortgage papers, letters from school/work stating when youre due back etc).

Can we file the papers while I'm in the US (at the Consulate in Canada)?
You dont file the papers to Canada. You file the papers to the appropriate US service center that deals with the State in which you will be filing from.

Schedule an appt and when the appt nears (providing it is within the 6 month visitor visa) return home to Canada for my appt?
You dont schedule an appointment. Once the consulate receives your petition, they will send you a letter stating an appointment date and time. As I stated in my last post, as your would be husband is only a GC holder, the wait until you are eligible for a spousal visa is 4-6 YEARS. Once he becomes a citizen though he can upgrade the petition to the category of an 'immediate relative of a US citizen'. It could take anywhere between 6-12months until you are called for an interview in Canada after it is upgraded........so you're looking at an entry to the US with a spousal visa in December 2011 at the absolute earliest.

**mangojunkie** · 28th March 2010, 07:30 PM

"When we do marry, we file the papers in the US, do I tell the US customs when I return to Canada that i'm married?? Or do I not say anything?
You can file the papers while you are in the US, just so long as you return home before your 6 months is up. Do not volunteer any information to US immigration when you enter the US.....if they ask you whether you are going to get married then obviously answer truthfully. If they dont ask you there is no need to bring it up."

What about when I re-enter Canada? Do I tell them that I was just married in the US?

So when we file papers after getting married, I return back to Canada and wait for them to send the information to my Canadian address? And during this lengthy process, I will be unable to visit the US correct? (until the visa goes through?)

**elcupacabras** · 28th March 2010, 08:52 PM

You do not need to say anything to Canadian customs unless they ask.

You can still visit the US during the process. Just be prepared to show strong ties to Canada (as you would for your upcoming visit) to show that you are intending to return to Canada.

**MusicManager** · 27th May 2010, 06:20 AM

I dont know if the laws are different for Canadians to the rest of the world but the advice ive been reading here looks like a recipe for Divorce.

I married an American citizen born in the US. We were married back in 2000. I was in the US on a visa waiver when we got married. Under law I had to go back to Australia and apply from there. If I applied in the US I would have been deported. My wife had to earn so much per year to be able to sponsor me. It can take up to 4 years for your visa to be looked at, we called regularly for 2 years to be told my application was being processed, they said that was all they could tell us. My wife was layed off her work and didnt make the required income for a 12 month period so she would have had to find a new job and earned that income for 4 years straight before we could apply again. We ended up divorcing and I have never heard from the US Immigration Dept to say if I was accepted or refused. I was told later that If I had of applied for a fiance visa and had not been married I would have been back in the US within 4 months and would have to have married within 90 days. Visas for married people can take years as they wish to weed out fraudulent marriages and they possibly thought ours was a fraud so they let it drag out. I was also told by US immigration that while my application was being processed that I could not visit the US as applicants were considered a high risk of absconding.

**MusicManager** · 27th May 2010, 06:23 AM

Talk to an immigration lawyer before you get married. Thinking I had the right advice and not seeing a lawyer saved me about $200 and cost me my marriage and millions of dollars. Do not marry in the US until you get the latest laws direct from a certified Immigration lawyer.

**elcupacabras** · 27th May 2010, 07:27 PM