A little background:
I currently reside in Michigan. I acquired my US Green Card in 2010 and was consequently naturalized and became an US citizen in 2016. My wife is a naturalized Canadian citizen. We had been in a long distance relationship for 6 years and in July 2019, she visited me over a weekend and we got married in a small ceremony (about 10 or so friends and family). I have the marriage certificate from the district county. She returned back immediately after we got married and has since been in Canada.
I had not filed for a K-1 Fiancee visa prior to getting married as I was not aware at the time. So she entered as a visitor on her Canadian passport when she came here and we got married. While doing some research to start her immigration process, I read that this could constitute as visa fraud. Had I known, we would have gotten the K-1 Visa first. I have doubts that this could be a potential problem for her immigration process. She has not visited the US since and has held a residence and job in Canada.
1) Is this true and if so, how serious is it could it be? What are the steps to resolve it?
To start her immigration, there are some different ways to do it and I am not sure which is the correct way to proceed based on our case:
a) Bring her here and file I-130 (Alien Relative Petition) and I-485 (Adjustment of Status) at the same time.
b) Bring her here and only file I-485 (Adjustment of Status) at the same time.
c) File for I-130 and then file for K-3 visa( Non-immigrant visa for spouse) and then bring her here.
d) Any other?
Would a) and b) be safe as she would come as a visitor and could stay longer than intended while filing I-485 (Adjustment of Status)
We have already been apart for months on end during our long distance relationship and want to be together as soon as possible. I have talked to multiple lawyers and only gotten different answers and have turned here for help. Its very confusing but we want to try and go with the safest option.
Please help! Any info would be greatly appreciated.
I currently reside in Michigan. I acquired my US Green Card in 2010 and was consequently naturalized and became an US citizen in 2016. My wife is a naturalized Canadian citizen. We had been in a long distance relationship for 6 years and in July 2019, she visited me over a weekend and we got married in a small ceremony (about 10 or so friends and family). I have the marriage certificate from the district county. She returned back immediately after we got married and has since been in Canada.
I had not filed for a K-1 Fiancee visa prior to getting married as I was not aware at the time. So she entered as a visitor on her Canadian passport when she came here and we got married. While doing some research to start her immigration process, I read that this could constitute as visa fraud. Had I known, we would have gotten the K-1 Visa first. I have doubts that this could be a potential problem for her immigration process. She has not visited the US since and has held a residence and job in Canada.
1) Is this true and if so, how serious is it could it be? What are the steps to resolve it?
To start her immigration, there are some different ways to do it and I am not sure which is the correct way to proceed based on our case:
a) Bring her here and file I-130 (Alien Relative Petition) and I-485 (Adjustment of Status) at the same time.
b) Bring her here and only file I-485 (Adjustment of Status) at the same time.
c) File for I-130 and then file for K-3 visa( Non-immigrant visa for spouse) and then bring her here.
d) Any other?
Would a) and b) be safe as she would come as a visitor and could stay longer than intended while filing I-485 (Adjustment of Status)
We have already been apart for months on end during our long distance relationship and want to be together as soon as possible. I have talked to multiple lawyers and only gotten different answers and have turned here for help. Its very confusing but we want to try and go with the safest option.
Please help! Any info would be greatly appreciated.
