Canada Resident marrying US Citizen

[smushtaq 0]

Hi everyone,

I'm not sure if this is the right thread, posting here since it's Canada specific. My brother(US citizen) is going to be marrying a Canadian resident, Pakistani national, who is currently living in the US. I was just wondering after the case gets done @ USCIS, will the NVC assign her case to the Pakistan dept or Canadian dept?

Shahab

[iampatricias 17]

Well, are they filing an I129f petition for a K1 visa? If that's the case, you can indicate on the petition which consulate you'd like to be interviewed at.

[ValerieA 350]

What visa is she in the US on? I would guess that it would be way easier for her to adjust status within the US, and avoid the NVC altogether.

[smushtaq 0]

I'm not exactly sure what visa my brother's fiancess entered the US with, I think it's either a business visa or a student visa since she's currently in school. If she's already in the US, then does the case even go to the NVC or is it resolved at USCIS?

What visa is she in the US on? I would guess that it would be way easier for her to adjust status within the US, and avoid the NVC altogether.

[iampatricias 17]

If she's already in the US, and they've just now decided to get married, it's quite a different process. Maybe look in the forums about Adjusting Status from Tourist or Student visa on this site for information about that. It's a little more straightforward than the K1 route as long as they had no intention of marrying when she first entered the States with her non-immigrant visa.

[warlord 73]

If she is already in the US then yes, they will just need to get married and then file in the AOS.

The only issue is that if her business or student visa does not allow immigration intent. In that case, after the AOS is filed in, they just would no longer be able to get another visa or work status. So they would just have to make sure they have enough time left on their current status or visa until the EAD work document comes in which can take a fairly short time or a long time depending.

If they are on a status or visa that does not have a non-immigrant stipulation, then there is nothing they need to worry about.

All things will go directly through the USCIS, so there is no other countries that are involved. That only applies to people who are outside the US...