Marriage to Canadian

M

ms.carolm

Registered Users (C)
Greetings:
I am a US citizen planning on marrying a Canadian in his hometown of Nanaimo, Vancouver Island in British Columbia.
I then plan to apply and do all the things necessary to have my new husband get permanent residency and a green card in the US. Our plan is to do it without a lawyer.
My question:
Can my husband remain in the US while all the paperwork is pending? Or does he have to abide by the 180 day rule for Canadian citizen visiting the US?
 
ms.carolm said:
Can my husband remain in the US while all the paperwork is pending? Or does he have to abide by the 180 day rule for Canadian citizen visiting the US?
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He certainly can, but how does he plan on entering the US in the first place after your wedding? It's likely that he'll be refused entry.
 
He would enter as a visitor....just as he always does.
I would enter Canada for the wedding as a visitor.

Is any of this illegal??
 
That's what is so confusing about permanent residency for family members.
I heard the best way to start is by getting married in Canada vs in the US. Then apply for permanent residency and a green card.

Is there a better way?

Any why would a Canadian married to a US citizen be denied entry into the US?
 
TheRealCanadian said:
But he won't be visiting, he'll be intending to stay. I doubt they'll let him in if he's accompanying his US citizen wife.
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No he will be visiting until all the necessary forms are filled out and sent in for his PR and GC.

That's where my original question come in.....

He is allowed here 180 days in a calendar year. If he's married to me (US citizen) and ALL the paperwork is PENDING.........CAN he stay here longer than 180 days in a calendar year ???
 
ms.carolm said:
I heard the best way to start is by getting married in Canada vs in the US. Then apply for permanent residency and a green card.
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Probably the best way is for him to visit for a while, then decide to stay permanently and file his paperwork. If you have a few months lead time before the wedding I'd file for a K-1 (finance) visa, have him come down, get married in the US, file for PR.

Any why would a Canadian married to a US citizen be denied entry into the US?
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Because Canadians entering the US as visitors need to a) have no intention to stay, and b) have a foreign residence they have no intention of abandoning. Your husband clearly cannot meet either.
 
ms.carolm said:
He is allowed here 180 days in a calendar year. If he's married to me (US citizen) and ALL the paperwork is PENDING.........CAN he stay here longer than 180 days in a calendar year ???
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Yes, provided he files for Adjustment of Status, and the pre-requisite for that is to be legally admitted to the US.
 
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