Filing for spouse's GC

[SusieQQQ]

My girlfriend is a Canadian citizen and I am a US citizen. She just graduated from University and I'm going to be graduating in a few months. We've been dating long distance for the past 3 years, and are planning on finally living together long term in the US.
Everyone keeps telling us to just get married because it would be the simplest way to assure that she can live and work in the states. Is this advisable? Or would this constitute as marriage fraud in some convoluted way? We've been a committed couple for the past 3 years, so it's not like I've been paid off by her parents to get her a visa. It's just the easiest way of us not having to deal with living in two separate countries. Any advice?

So to get back to this actual question, if you actually want to get married, do so. There are different ways to do it, k1 fiancé visa (then she gets married within 90 days after entry but then has to adjust status and wait months to get a green card, be able to work etc) or get married (US, Canada, wherever), then she goes back and awaits spouse visa processing, where she will become a green card holder as soon as she enters on her immigrant visa. Both these routes take some months to go through, possibly closer to a year. It generally seems quite easy for Canadians to visit their fiancé/spouse in the US while waiting but of course she cannot live or work here until she has the appropriate documentation.
Possibly another option if you don’t feel ready for marriage yet, is to see if she would be able to qualify to get a TN visa, which is a fairly straightforward work visa for Canadians in certain types of work. See https://travel.state.gov/content/tr...adian-mexican-nafta-professional-workers.html There is an active TN forum elsewhere on this forum that you can use for advice if she wants to look further into this.

 

[Sm1smom]

There may be no law, but if there is no issue with it what is the point in K-1 visas being issued specifically for the intention of marrying in the US? They may as well not exist if you can just travel on a visa waiver, for example, and get married on a supposed whim. The potential scrutiny you would face at the border is not worth it imo, especially if you plan on seeking a green card in the future, and they will likely see your history of entering on a travel visa for more than travel. And yes, two non-residents coming to the US to get married I can understand, because there is very little risk of both of them remaining illegally once they get married.

You’re not getting in. People are allowed to come in on a NIV for marriage purpose only. They’re not breaking any law, such an act cannot be an issue later if they wish to immigrate to the US via Consular processing. As long as they do not stay back to process AOS, it is not an issue - there’s no grilling involved.

K1 is for people who wish to get married in the US and stay back back to process AOS.