marrying US citizen but plan to live in Canada

[piebird 0]

Hi there,

I have several questions regarding to the US immigration based on marriage. My fiance (American) and I are planning our wedding in July, 2009. I'm originally from Japan but am currently living in Canada and attending a grad school as an international student (have a Canadian study permit). My fiance is still in the U.S. and he's planning to join me in Canada after we get married. My questions are...

1) Can I apply for K-1 while I'm in Canada, or do I have to go back to Japan?

2) If I get a K-1, and marry in July, can I apply for the perminant residency even though I would be coming back to Canada at the end of August, 2009?

3) If I cannot apply for the greencard, then do I need to get a k-1, in other words, can I go to the states with no visa and marry, and then leave to Canada within 90days? We will be living in Canada for next 4,5 years until I finish my school, and want to go back to the US later.

4) we have 2 weddings in Japan and in the US, which is better to get a marriage lisence, in Japan or US?

thank you very much!!

[kaffy 2]

If you don't plan on living in the US I don't think it's worth going through the hassle of obtaining a K-1/green card. In fact if you do receive your green card and then move back to Canada for 4-5 yrs, you risk losing your PR status (and thus wasting a lot of time & money)

Maintaining Permanent Residence

Maintaining Permanent Residence You may lose your permanent residence status if you commit an act that makes you removable from the United States under the law in section 237 of the Immigration and Nationality Act. If you commit such an act, you may be brought before the immigration courts to determine your right to remain a Permanent Resident.

You may be found to have abandoned your permanent resident status if you:

* Move to another country intending to live there permanently.

* Remain outside of the US for more than one year without obtaining a reentry permit or returning resident visa. However in determining whether your status has been abandoned any length of absence from the US may be considered, even if it is less than one year.

* Remain outside of the US for more than two years after issuance of a reentry permit without obtaining a returning resident visa. However in determining whether your status has been abandoned any length of absence from the US may be considered, even if it is less than one year.

* Fail to file income tax returns while living outside of the US for any period.

* Declare yourself a “nonimmigrant” on your tax returns.

You can marry in the US while on VWP so long as you don't plan on (illegally) remaining there. That's what I would suggest doing.. then later on when you are ready to move (back) to the US with your husband, begin the DCF process then.

It's a matter of personal preference between getting a Japanese or US marriage license. They are both legally valid and mean the same.

[canadian_wife 1,827]

Becoming a perminant resident for the US may affect your student status in Canada as your student visa (I assume) was issued based on being a Japanese resident.

If you do not plan on going to the US right away, why apply for a K-1 visa?

[Chica Yeyé 41]

Hi there,

I have several questions regarding to the US immigration based on marriage. My fiance (American) and I are planning our wedding in July, 2009. I'm originally from Japan but am currently living in Canada and attending a grad school as an international student (have a Canadian study permit). My fiance is still in the U.S. and he's planning to join me in Canada after we get married. My questions are...

1) Can I apply for K-1 while I'm in Canada, or do I have to go back to Japan?

2) If I get a K-1, and marry in July, can I apply for the perminant residency even though I would be coming back to Canada at the end of August, 2009?

3) If I cannot apply for the greencard, then do I need to get a k-1, in other words, can I go to the states with no visa and marry, and then leave to Canada within 90days? We will be living in Canada for next 4,5 years until I finish my school, and want to go back to the US later.

4) we have 2 weddings in Japan and in the US, which is better to get a marriage lisence, in Japan or US?

thank you very much!!

Your case is a bit like mine -only a bit-. Both me and my husband were international students in Canada when we married. Once we did, we switched my study permit for a "work permit for accompanying spouse" since I was done with grad school - perhaps this would be the best thing for you to do: marry in Canada and stay there until you are done studying. Now, we did intend to move to the US so we filed for a CR-1 through DCF. If you guys are not planning on living in the US, there is not much point in applying for anything -- K-1 fiance visa is for coming over to the US and getting married and then adjust status to become a permanent resident.

Best of luck.