Freedom to Travel

[Archangelmiko 0]

My Canadian fiancee and I (US citizen) want to get married in Canada this Aug. 28th. We then want to come home to Wisconsin have a small reception here, then go back to Canada mid Sept for her sister's wedding. Then come back to the US, file for her K3 visa while she stays here in WI for the 5 to 6 months that it takes to get it.

Would there be problems with her getting into the US after our wedding or after her sister's wedding?

Is a I-131 Travel Document or I-512L, Authorization for Parole of an Alien Into the United States necessary or are they only for those that already have a Permanent Resident status?

In order to be admitted into the U.S. without a visa, a

Canadian must show that they are a nonimmigrant, coming to the U.S.

temporarily for business or pleasure. As soon as that is not the case,

they may not be admitted without a visa.

If one departs the U.S. while an application for adjustment of status is

pending, and there is no advance parole, the adjustment application will

be denied, and the foreign national may or may not be readmitted into

the U.S. as a nonimmigrant visitor for business or pleasure.

[canadian_wife 1,822]

Each entry and duration of stay is up to the Border patrol when she tries to enter. I suggest she bring ties to Canada to show she'll return. As you mentioned in your post, she'll have to show she is a non-immigrant.

And Montreal is a very slow consulate, you're actaully looking at 8-12 months for the visa to be approved.

Also, the K-3 is dead, you'll be filing for the Cr-1. Read up on the guides from here.

Those documents you mentioned are for those with a non-immigrant visa, such as a K-1. THey aren't for you. And your girlfriend won't be adjusting status so that is not relevant to your case either.

After the petition has been approved, your (then) wife will need to return to Canada for the medical and the interview in Montreal. Start reading up on this procedure

Good luck.

[pushbrk 12,898]

Each entry and duration of stay is up to the Border patrol when she tries to enter. I suggest she bring ties to Canada to show she'll return. As you mentioned in your post, she'll have to show she is a non-immigrant.

And Montreal is a very slow consulate, you're actaully looking at 8-12 months for the visa to be approved.

Also, the K-3 is dead, you'll be filing for the Cr-1. Read up on the guides from here.

Those documents you mentioned are for those with a non-immigrant visa, such as a K-1. THey aren't for you. And your girlfriend won't be adjusting status so that is not relevant to your case either.

After the petition has been approved, your (then) wife will need to return to Canada for the medical and the interview in Montreal. Start reading up on this procedure

Good luck.

All correct, but the bottom line is the plan is unlikely to work as described. Canadians are allowed to "visit" the USA, not live here. Her privilege won't last long enough to wait out the whole process, even if she is allowed in. Just file the petition as early as you can after your marriage and take it a step at a time. Be prepared for even the possibility she will not be allowed to enter for her own reception. Certainly if you get pulled into secondary inspection and they see a wedding dress etc. you can expect problems.

Edited March 25, 2010 by pushbrk