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Filed: Country: Slovakia
Timeline
Posted

hello,

so i am a slovak citizen doing a masters program in canada. me and my partner (US citizen) are planning to get married. i was wondering whether the best option would be to do it on the VWP since i can prove that i did not intent to stay in the US (as i am going back to school). i would be immensely grateful for any info about this. thank you.

Filed: Timeline
Posted

If you are planning to get married here, you can come with your VWP, get married, and go back to Canada. I am not too sure if you can actually interview in Canada or if you have to go back home for that. you might be able to, since I myself interviewed in Canada, but both me and the husband lived in Edmonton when we filed.

Filed: Country: Slovakia
Timeline
Posted

so you think it is a good choice to get married on a VWP since i can prove that i dont intent to stay? or can they give me trouble later when i will want to actually apply for the whole residency/citizenship thing. i am sorry for these banal questions, but the whole thing is so confusing. and thank you for your replies.

I think because you are a Slovak, not a Canadian, that you must apply for a US visitor visa. The VWP works only for certain nationalities.

Slovakia participates in VWP; Canada does not ;)

Filed: Country: Slovakia
Timeline
Posted

i have one more, logistical question. how does marrying while on VWP works. does my partner just has to go to the municipal place and gte the marriage license? and then will the marriage be automatically legal? and what if i dont want to immediately apply for the residency, since i am not going to be in the us anyway. i am sorry to be asking all these stupid questions.

Posted
i have one more, logistical question. how does marrying while on VWP works. does my partner just has to go to the municipal place and gte the marriage license? and then will the marriage be automatically legal? and what if i dont want to immediately apply for the residency, since i am not going to be in the us anyway. i am sorry to be asking all these stupid questions.

Your US fiance can go to his local office or even visit the website to find out what papers you both will need to get married in the US, in his State, or city. After you visit and you return to Canada, you can file whenever you wish for the visa process to come back to live permanently. If you're attending school in Canada, and are there on a Student visa, you should be able to be interviewed in Canada when the time comes.

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Filed: Citizen (apr) Country: Canada
Timeline
Posted (edited)

What you cannot do - as it is illegal - is enter the US on a WVP, get married and then stay in the US without returning to Canada and apply to adjust status while in the US. It won't be a problem with immigration if you get married in the US and return to Canada to process the immigration paperwork through Canada. You will need to bring proof of your ties to Canada (student records, lease, etc.) to show the Border Guards that you intend to return to Canada to complete the immigration process when you cross the border into the US. If the Border Guards think you are an immigration risk they will not let you enter, so you should prepare a back up plan, if necessary, to marry in Canada.

Basically, in both countries, you apply for a marriage license from the appropriate local authorities, pay the fee, (requirements vary from State to State and Province to Province) find an official who is licensed to perform marriages, get married, obtain copies of the marriage certificate from the State/Province and apply for immigration paperwork. Good luck.

Edited by Kathryn41

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Filed: Country: Slovakia
Timeline
Posted

thank you all for your responses. they are all very helpful. and is there a time between when we get married and when we have to start applying for the appropriate papers for citizenship? i mean i am in no hurry since i am studying and living in canada but i was wondering whether here are some time limits.

thank you.

Posted
thank you all for your responses. they are all very helpful. and is there a time between when we get married and when we have to start applying for the appropriate papers for citizenship? i mean i am in no hurry since i am studying and living in canada but i was wondering whether here are some time limits.

thank you.

You're far away from citizenship. For residency, ie the Green Card for CR-1 visa it takes around 6 months for the petition to be approved, then sent onwards to NVC and then to the consulate. You're looking into around 10-12 months processing time before getting a visa (if no RFEs issued). No limits as to when you have to apply.

ROC 2009
Naturalization 2010

 
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