Rumor about a k3 visa

[Scout_87 0]

I was talking to my American girlfriend the other day (soon to be my fiancee) in regards to the immigration process. She mentioned something that bothered both of us. Our plan is to get married in the states, have our honeymoon, and then move up to Canada (we will be doing the Canadian immigration process for her in order for her to live up there). After a few years, or many years of living in Canada, our goal is to eventually move to the states. I am a Canadian citizen, and she informed me that once her paper work goes through for the Canadian immigration, that I would not be able to move down to the states and apply for immigration to the US. Is this true? Will I be denied immigration rights to move to the states after my wifes Canadian paperwork goes through? I sure hope this is not the case.

[Malrothien 6]

That is not the case at all. Where in the world did she hear such a ridiculous thing?

Obviously you cannot just move to the US and process your immigration - that is not how it works.

Edited December 4, 2009 by Malrothien

[Scout_87 0]

That is not the case at all. Where in the world did she hear such a ridiculous thing?

Obviously you cannot just move to the US and process your immigration - that is not how it works.

I'm not sure what you mean? I'm talking about after many years of the two of us living in Canada, we decide to move to her hometown. We would go through the proper steps and paperwork, but in the end, because she immigrated to Canada I would not be allowed to immigrate to the US, in due time of course. She heard it from her her friends dad who used to work for the government

[lucyrich 20]

That's not true.

She may have thought that she would be giving up her US Citizenship when she immigrated to Canada, but she won't. See, for example, the dual citizenship FAQ at http://www.richw.org/dualcit/ for some explanation. She cannot lose US Citizenship unless she wants to.

In fact, having Canadian immigrant status or citizenship may make her eligible for DCF, which could significantly speed up the process. I'm not sure of that, though, and DCF requirements vary from country to country, so you may want to check with others in similar situations to see about DCF from Canada.

But regardless of the DCF possibility, she will remain a US Citizen, and as such she has the legal right to come to the US at any time. In the worst possible scenario, she could move back to the US without you and petition you just the way many couples here are doing. But she should be able to do the process while the two of you stay together in Canada waiting for your visa.

You may want to make sure she knows that, as a US Citizen, she's supposed to file taxes every year, even when she lives outside of the US and doesn't have any US income. She probably won't actually owe any money, but she should still file returns anyway. Filing returns every year will, among other things, make the future immigration process much easier, because they'll ask to see those tax returns during the immigration process.

[Malrothien 6]

That is not the case at all. Where in the world did she hear such a ridiculous thing?

Obviously you cannot just move to the US and process your immigration - that is not how it works.

I'm not sure what you mean? I'm talking about after many years of the two of us living in Canada, we decide to move to her hometown. We would go through the proper steps and paperwork, but in the end, because she immigrated to Canada I would not be allowed to immigrate to the US, in due time of course. She heard it from her her friends dad who used to work for the government

I know what you posted. I was just pointing out that when you do decide to move south, you must have a visa prior to doing so. US immigration doesn't have the allowance that Canadian immigration does when it comes to your spouse living with you while the application is processing.

However, her father's friend is completely incorrect and should not be giving out false advice.