Canadian Citizen marrying US Citizen!

R

Rrrr

Registered Users (C)
Hi - A friend of mine who is a Canadian citizen (not by birth) is dating a US Citizen (by birth). Since Canadian citizens usually do not need a visa to enter the United States my friend intends to travel to the US and get married to the US Citizen sometime in the next one month. He intends to apply for his Green card after his marriage while he is still in the US. Considering his situation, are there any risks when his AOS application is sent to the USCIS based on the fact that his intent was to get his GC through his wife??
All your comments/inputs are greatly appreciated.
Thank You!

-Rrrr
 
I am a Canadian citizen and married to the US citizen,
two things-

1) at the time when you cross the border in order to cross it without the visa you can not have intention to marry and stay in the US- if you do you need to apply for a fiancee visa, K-1.
You ( or your friend) can visit your(his) american girlfriend, though, no problem.

2) once you (he) are (is) here, it is possible to get married and apply for AOS, however it can not happen too soon - if done less then 30 days after arrival they can suspect that you (he) lied to the immigration when crossing the border about your (his) intentions. That can be a serious problem!
Otherwise, if done at least 30 days (better yet, 60) after the arrival it is perfectly fine and then the rest of the process is the same as for all other applicants,- file I-130, I485 and so on.


Good like to you (him)!
 
Thank You 999 & kenmw for your inputs.

999 - Would it be too much to ask of you if i could get your email address so that i can contact you regarding my friends case. He wants me to help him prepare the paperwork for filing AOS after getting married and i just want to make sure i have all the information i need.

Thank You!

-R
 
married and went back home

What if you get married file I-130 and then go back home to Canada?

Can this be a problem?

I went April 20 05 to marry my now husband. Go married April22 Filled out I-130 April23 and went back to Canada April24. I-130 mailed out April25 received receipt dated April28th. Currently still at home in Canada waiting for approval of I-140.

One more thing. Since I am a Canadian citizen (by birth) I have wedding to attend in NY (where my husband is) Will this be a probelm? As you know I do not need to obtain a visa in order to go to the US.

thanks for any responses
 
Missingh said:
What if you get married file I-130 and then go back home to Canada?
Click to expand...

Then you're not coming back to the US without an immigrant visa, or a K-3.

One more thing. Since I am a Canadian citizen (by birth) I have wedding to attend in NY (where my husband is) Will this be a probelm? As you know I do not need to obtain a visa in order to go to the US.
Click to expand...

If CBP finds out at the POE that you have a filed I-130 and a US citizen husband, odds are you will be turned around and sent back to Canada. You may not need a visa stamp, but you still need to meet all the other requirements of B-2 status.
 
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