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Filed: Timeline
Posted

I am somewhat familiar with the Visa options but I wanted to ask some specific questions anyways, for clarification.

I am a Canadian citizen residing in Canada. My fiance was born in the US (US Citizen) but now has permanent resident status in Canada. However, currently she is in the US completing her degree and has several semesters remaining. We were hoping to get married over the new year (Jan 2012) IN CANADA during her break from school.

I previously had an I-20 visa to attend school in the US and have a US SSN.

My question is...and perhaps its a stupid question..what happens if we get married in January and she goes back to school? Can I travel with her? Her intent is to return to Canada in the summer, and then return for school again later. Am I able to travel without status? Or enter the US and then apply for status? Im not overly interested in being a permanent US citizen at this time. Can I simply visit the US for a few months and rent an apt with my wife? I really dont want to waste my life away...as Im sure many here can relate.

On a side note..what if I return to school for graduate work in the US on a new student visa? Im assuming then we could be married and it would be fine?

I know, I know I should have been more prudent and been aware of all this Visa stuff, but life happens I guess.

Im just wondering if any of our unique circumstances (she has permanent resident status in Canada, I have a US SSN from working during school, etc) would help at all.

Any help would be appreciated

Thanks

Filed: Other Country: China
Timeline
Posted (edited)

I am somewhat familiar with the Visa options but I wanted to ask some specific questions anyways, for clarification.

I am a Canadian citizen residing in Canada. My fiance was born in the US (US Citizen) but now has permanent resident status in Canada. However, currently she is in the US completing her degree and has several semesters remaining. We were hoping to get married over the new year (Jan 2012) IN CANADA during her break from school.

I previously had an I-20 visa to attend school in the US and have a US SSN.

My question is...and perhaps its a stupid question..what happens if we get married in January and she goes back to school? Can I travel with her? Her intent is to return to Canada in the summer, and then return for school again later. Am I able to travel without status? Or enter the US and then apply for status? Im not overly interested in being a permanent US citizen at this time. Can I simply visit the US for a few months and rent an apt with my wife? I really dont want to waste my life away...as Im sure many here can relate.

On a side note..what if I return to school for graduate work in the US on a new student visa? Im assuming then we could be married and it would be fine?

I know, I know I should have been more prudent and been aware of all this Visa stuff, but life happens I guess.

Im just wondering if any of our unique circumstances (she has permanent resident status in Canada, I have a US SSN from working during school, etc) would help at all.

Any help would be appreciated

Thanks

Having an SSN just means you won't need to apply for a new one. If you aren't intending to immigrate, Canadians can visit the USA for up to six month at a time as long as they don't spend more time IN the USA in a give 12 months than they spend OUT. Each border crossing is a new decision by a human. If they get the impression you intend to immigrate without the proper visa, they'll turn you away.

Getting married is not the issue. Marry when you wish. The marriage opens a path to US immigration. If you decide to immigrate, you'll need to follow the applicable path. Start by clicking on the word "Guides" at the top of any page here.

If you don't plan to immigrate anytime soon, then the K3 is the perfect visa for you, once you're married. Be aware though that recent procedure changes at NVC and USCIS have rendered the K3 visa pretty much unavailable. I'm seeing some indications that may be changing though.

Edited by pushbrk

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