Canadian married to American wants to come to USA

L

lovelyone

New Member
Hello,

I have been looking all over the place for answers but am having a difficult time finding the information i need.

I am a Canadian Citizen. I married my husband (US Citizen) in August in the United States and returned to Canada the next day. We have not file for any visas at all.

I plan to move to the US in April but I am unsure of how to go about being able to legally stay. Some people have told us to wait until after I move to start filing papers, but when I look online it seems that the consensus is saying to file before I move.

Please help me, I just want to be with my husband and not have any problems coming to the US.
 
K3 I think?

Hi, I believe you need to follow the K3 visa process. I did K1 which is where the US citizen petitions for you (the fiance) to move to the US and once you get approved, you move to the US and get married in 90 days and then wait for the rest of the paperwork while residing in the US. I believe the K3 process would be for people like yourself who have already married and are now wanting to join your partner who is a US citizen. Last I checked, you may have issues entering and leaving the US while in the process as you are not allowed to reside in the US during the process and actually have to prove you live in your country of residence while awaiting the paperwork to be approved. Hope this helps.

lovelyone said:
Hello,

I have been looking all over the place for answers but am having a difficult time finding the information i need.

I am a Canadian Citizen. I married my husband (US Citizen) in August in the United States and returned to Canada the next day. We have not file for any visas at all.

I plan to move to the US in April but I am unsure of how to go about being able to legally stay. Some people have told us to wait until after I move to start filing papers, but when I look online it seems that the consensus is saying to file before I move.

Please help me, I just want to be with my husband and not have any problems coming to the US.
Click to expand...
 
Triple Citizen said:
He needs to file an I-130 for you and you should get your immigrant visa from the US consulate in Montreal.
Click to expand...


Thank you for this information. Can my husband file this when I am already in the US? Or should he file it now? I want to be able to move in April of this year.
 
lovelyone said:
Thank you for this information. Can my husband file this when I am already in the US? Or should he file it now? I want to be able to move in April of this year.
Click to expand...

He can file it now regardless of where you are, but you won't get a green card or immigrant visa as soon as April.

If you want to move to the US as soon as April, that would involve violating the provision of your visitor status by entering under the false pretense of being a visitor, with the real intention to stay and immigrate. You'd have to hope that the questioning at the border (for example, asking if you're married and where your spouse is) doesn't make them aware of your plan and result in refusal of entry, and that if you get past the border you don't run into problems during the green card process because of entering as a visitor with the intent to immigrate.
 
You must log in or register to reply here.
Top