H1b holder marrying a Canadian Citizen in US-Urgent

[pohoho]

Hi,

Please help. I am a H1b holder currently resides in the US. My fiance is a Canadian citizen currently resides in Canada. Our wedding is scheduled in 6 days in the US. My finance was denied entry at the US custom in Canada airport and was asked to have me file I-129F here in the US. But I saw from INS website only US Citizens are allowed to file I-129F. What should we do? What kind of visa does she need? should she be entering US as tourist and adjust status to H4 later? Please help. And thanks in advance.

pohoho

 

[jaxen]

In order to change status from visitors to H4, she needs a visa stamp in her passport. She can try to get a visitors visa from US consulate in Canada. Since Canadian citizens generally done need a visa to enter US, it might be difficult to get the visa stamp at consulate.

However, she can enter US, get married, get marriage certificate and go back to canada and try to get H4 at a later time, if she is not able to get the visitor visa stamp now.

Next time ask her to speak with a supervisor at the border if such a random thought is thrown at her.

 

[pohoho]

Thanks for your reply. really appreciate it. Apparently the custom officer thought she was getting married to a US Citizen, maybe that's why I-129F was mentioned. My fiance didn't know what it was and was just stunned to hear the denial. Now that there is a record of her being deny of entry, will she still be able to enter US as a visitor? Should she look into other ways of entry, example by car? Thanks for your info.

 

[jaxen]

One cannnot step on the shoes of a visa officer and give predictions as to what she/he will do to a candidate when she appears for visitor visa after a denial. It all depends on the reason provided for application and how far the visa officer sees the case as a potential immigrant.
Regarding driving a car into US, would be the way to enter US in time for the marriage, but to get the H4 visa she has to travel back to canada.