Green Card Holder Marrying Canadian Citizen

[shanee]

I am serious about someone who is a Canadian Citizen and want to marry her. However , its been only 1.5 years that i got a my GC . If she comes to US on student visa (like people are suggesting in other threads ) before we get married , what will be her status as far as benefits are concerned like health , tax etc ? ..
Will I be able to claim her as a dependent on my health insurance ?
Will I be able to claim her as a dependent on my tax return ?
Will she need an ITIN since she will not have an SSN being on I-20 as a canadian citizen ?

 

[Jackolantern]

Will I be able to claim her as a dependent on my health insurance ?
Will I be able to claim her as a dependent on my tax return ?
Will she need an ITIN since she will not have an SSN being on I-20 as a canadian citizen ?

Yes, yes, and no. F-1 students are allowed to work on campus, so they are eligible for an SSN. But SSN is not required for health insurance or tax returns anyway.

However, once she gets married, traveling outside the US becomes risky because if the immigration officer knows about the marriage they are likely to refuse her entry. Spouses of green card holders and US citizens have a high rate of visa overstay.

Maybe she'll be lucky and they won't ask about her marital status at the port of entry. But if they do, lying won't help either. If they don't catch the lie at the POE, they'll catch it later when her green card paperwork is filed ... they'll realize that she was married back when she claimed to be single at the POE.

 

[aosing]

Jackolantern is right but she may not even be able to obtain an F1 visa to enter the United States as they will inquire about relations to those in the country and are likely to deny a visa if she discloses that she has a fiance in the United States or immigration intent. Lying to get a visa would be grounds for denying adjustment of status or even permanent exclusion. There is an issue of proof especially if you don't marry within 3 months or so, but you may be going about things in the wrong order and you definitely should not lie or commit immigration fraud. It might be worth an attorney consultation as this will be a long process and you should get it right. You may need to consider either marrying her in Canada and apply for derivative status (which may take time to get her in the country, if you succeed) or put off the idea of marrying until you obtain citizenship. The other option would be for her to get an dual-intent/H1 visa if she qualifies.

By the way, coming to the U.S. on a student visa with the primary intent to marry/live with a spouse in the USA and drop out of the program is clear immigration fraud, so I hope that is not "what people are suggesting."

nelsona below is also right about risk of denial being lower but still significant for marrying a PR versus a USC. I believe your case would be strongest if you are also a Canadian citizen who had lived there before the USA, if that makes any difference.

 

[nelsona]

And recent changes to health insurance rules in most states are making SSN more and more mandatory.

btw, marriage to a GC holder is not as high a risk for denied entry as marriage to a USC residing in US, but it is a definite risk that will surely come up in the 3+ years she would be in non-immig status.

For taxes she will get an ITIN when she files a joint return with you.