US Citizen Marrying A Canadian Citizen + Immigration

[Willho 0]

Forgive me ahead of time if this is in the wrong section, and please forgive my ignorance to pretty much all of this ahead of time. I have looked at the USCIS site over and over again, and I have searched and searched for answers, but I've read so many different things that my head is just kind of spinning. So, I'm going to post our current status and what we hope to accomplish.. I will inform you ahead of time, once again, that I am far from educated on any of this, and I'm really just looking for some guidance amidst a lot of what I keep seeing as just jargon. So, here we go..

I'm a U.S. citizen, born and raised. My partner is a Canadian citizen, born and raised. We are NOT married yet, nor are we 'officially' engaged(I've seen these vias that have to do with engagement, so I'm just assuming there's such a thing as official engagement?). We're looking to skip the 'engagement' process(unless this is required by law, in which case, we will obviously follow it. I want no chances of her getting a ban from the US or getting deported) and to get married within the U.S. To summarize it, my lover wishes to visit within the next month, and we would like to acquire a marriage license.. once married, we'd like to file for a green card so that she may become a permanent resident, but I'd very much like for her to live with me, within the U.S., while we wait for her green card to process. She will not be looking for work, she will not be going to school.. She would simply be living here. I'm aware of the fact that Canadians can apparently only stay here for six months at a time? Would it be possible to simply fly her back to Canada for a few days every five months before bringing her back to the U.S. so that she doesn't hit the six month mark? Or is there some rule against this? I realize this might all seem kind of jumbled, so I'll try to reiterate our goals/situation in a list.. I apologize if it seems redundant, I just don't want to confuse anyone.

-I'm a U.S. citizen, and my partner is a Canadian citizen.

-She will be visiting within the next month, and we'd like to get married while she's here(unless it isn't possible, and we're required to apply for a visa to get married? If so, please specify).

-Upon getting married, we'd immediately like to file for a green card for her through marriage. (What all needs to be done in our situation?)

-Our main goal is being able to live together during this entire process, within the U.S. She will not be looking for work, nor will she be going to school. I plan to take care of her and support her 100%. Is this possible, or will things suddenly get complicated when we get married/apply for her green card?

-If possible, we want to do all of this within the U.S., and we want to be able to live together throughout the process. If she needs to return home every 5 months so that she does not go out of status(I think that's what happens if she overstays? Feel free to elaborate), then we can do that as well, but are we going to run into any problems with border patrol??

-Our HIGHEST PRIORITY is living together within the U.S. and getting a green card for my lover so that she can eventually work and go to school in the U.S.. We aren't looking into student visas, work visas, or anything along those lines. We want to go the route of her not doing anything until she has a green card.

Alright, so that's what I've got.. If I'm lacking information, let me know. Otherwise, I'm just looking for answers/ways to go about this whole thing.. Really, the biggest question is whether or not we can see each other/live together during this whole process. Thanks in advance.

EDIT: I also live in the state of Indiana.

Edited May 30, 2012 by Willho

[Inky 1,110]

Entering and marrying is fine. Many people do this. But she must return back to Canada and you must file for a spousal visa.

She cannot stay and adjust status after entering and marrying you - this is fraud and comes with a life time ban.

She can visit during the process of getting the spousal visa but cannot live in the USA until she obtains the spousal visa and moves to the USA legally.

[Willho 0]

Entering and marrying is fine. Many people do this. But she must return back to Canada and you must file for a spousal visa.

She cannot stay and adjust status after entering and marrying you - this is fraud and comes with a life time ban.

She can visit during the process of getting the spousal visa but cannot live in the USA until she obtains the spousal visa and moves to the USA legally.

Sounds great. I've just got a couple questions. First off.. How do we go about filing for this visa? What does it entitle us to? Does this mean that once she moves here on the visa, THEN we need to file for a green card? Would the following process be accurate:

-She visits.

-We obtain a marriage license while she's here.

-She returns to Canada.

-I file for a spousal visa (or does she? I think I'll understand this better when I know what the spousal visa is, heh)

This brings me to the question of visiting vs living here. What exactly defines visiting vs living? Is it purely based on her returning to Canada before she goes out of status(six months)? In essence, can we send her home every five months for say, a week or two, and then bring her back purely for the sake of keeping everything legal?

[pocheros 101]

I'm a U.S. citizen, born and raised. My partner is a Canadian citizen, born and raised. We are NOT married yet, nor are we 'officially' engaged(I've seen these vias that have to do with engagement, so I'm just assuming there's such a thing as official engagement?). We're looking to skip the 'engagement' process(unless this is required by law, in which case, we will obviously follow it. I want no chances of her getting a ban from the US or getting deported) and to get married within the U.S.

There's two marriage based visas.* The K1 is for engagement/fiances, and the IR1/CR1 is for spouses. There's no official engagement process- if you decide you're engaged you simply file for a fiance visa (the initial application for the fiance is called I-129F). If you go the other route, before you do anything else you get married. After you've been married you file for a spousal visa which is the I-130. You can do either. In both cases you have to demonstrate that you have a valid relationship but this is generally pretty easy to do if you've kept photos, receipts, boarding passes etc. Don't worry if you don't have an engagement ring as proof if you go for a fiance visa- some VJers mention this, it's not necessary.

*There's also a K3 visa, don't bother with this one as it's basically defunct and takes longer than either the K1 or CR1 and is more expensive.

To summarize it, my lover wishes to visit within the next month, and we would like to acquire a marriage license.. once married, we'd like to file for a green card so that she may become a permanent resident, but I'd very much like for her to live with me, within the U.S., while we wait for her green card to process. She will not be looking for work, she will not be going to school.. She would simply be living here. I'm aware of the fact that Canadians can apparently only stay here for six months at a time? Would it be possible to simply fly her back to Canada for a few days every five months before bringing her back to the U.S. so that she doesn't hit the six month mark? Or is there some rule against this? I realize this might all seem kind of jumbled, so I'll try to reiterate our goals/situation in a list.. I apologize if it seems redundant, I just don't want to confuse anyone.

The short story is that she can't really live with you during the immigration process. She can VISIT- she may even visit for slightly extended periods of time- but 6 months is really pushing it. Sorry, it's disheartening news, but this is the reality of immigration, even for us friendly Canadians.

If you go the CR1 route (probably the bets option- I'll explain why below), you SHOULD NOT apply for a green card right off the bat. You are only allowed to do this in special cases, and this not your case. IF you had never met your fiance before, and then met her in the USA (for example, if she were a foreign student) and got married right away and she intended to start living with you without her crossing the border at any point in this process- THEN you could apply for a green card. EVEN SO, applying for a green card this way is a very tricky and has a lower approval rate than the traditional route. As Inky already said, if you attempted this in your situation it would be fraud. Do not do this, no matter how tempting it is. DO NOT DO THIS!

Marriage based visas take about 7-12 months to obtain, with the K1 being a bit faster and 7 months being fast for a K1.

Now, on to visits:

Your fiance or spouse can certainly visit you during the process, but no visit is guaranteed. It is up to the individual border patrol officer to allow your honey through the border. Crossing borders is not considered a right- it is a privilege. Hence, the burden of proof is on HER to demonstrate that she is not intending to circumvent the process by taking off to live in the US permanently.

Language is very important here. For example, if she was asked why she's entering the US and said she was going to LIVE with you when there's no visa in her passport, she will get turned around. She should say she's going to VISIT. Likewise, if you get married but you feel like you're "engaged" (due to living apart) she should refer to you as her husband, not her fiance, because that is legally what you are in relation to her. Once you've filed your petition (I-129F or I-130), if she's asked further questions she should be 100% honest- tell the officers that she is in the process of obtaining a visa but simply wishes to visit you in the meantime. They like honesty!

So how does she prove that she has no ill intentions? If she's flying she should have a return ticket. She should not bring truckloads of personal items with her because to a border officer this screams that she is taking up residency in the US. When you file your first piece of paperwork you will quickly receive a Notice of Action, also called a NOA1. A NOA1 is an excellent piece of evidence that since it shows the officer you are going about the immigration process legally. If she is employed somewhere a letter from her employer showing that intends to return by a certain date is also good evidence.

For more information about this, search for "evidence of ties." What documentation can she bring to show that she is still "tied" to her home country?

Now, let's say she brought every piece of evidence she could. There is still a possibility an officer will turn her around the border. This has happened to canadian VJers before, even though they were prepared. Ultimately it is up to the individual officer's discretion. Of course, many Canadians have successfully visited the US in the middle of the process without a problem. They've even visited for extended periods of time. Just be PREPARED for her to be turned around at the border since nothing is guaranteed (refundable airplane tickets are good.)

I'm going to make another post in a minute about the difference between K1 and CR1 visas for you, but this should be something to chew on in the meantime I'm not trying to scare you- just being very honest!

[EvilSquee 7]

You need to look into the fiance vs spousal visa and think long and hard about which one makes the most sense to you. It is a bad idea to plan to send her back every 5 months or so for 1-2 weeks and then have her come back so she is effectively living with you. CBP (border patrol) can and does turn people back at the border if they think they are high risk for staying illegally and/or skirting immigration (which is essentially what you are suggesting). People who are fiance(e)s or spouses of US citizens are questioned very specifically about this. While this is less common with people from Canada it can and does happen to visiting Canadians (happens a ton with people from other countries). Crossings are tracked and the last thing you want to do is risk having issues getting her a visa, whether it's as your fiancee or spouse. Personally I wouldn't risk having my fiance here more than 5 months out of the year total.

[pocheros 101]

Sounds great. I've just got a couple questions. First off.. How do we go about filing for this visa? What does it entitle us to? Does this mean that once she moves here on the visa, THEN we need to file for a green card? Would the following process be accurate:

-She visits.

-We obtain a marriage license while she's here.

-She returns to Canada.

-I file for a spousal visa (or does she? I think I'll understand this better when I know what the spousal visa is, heh)

For a spousal (CR1) visa this is the correct process, except YOU would file for her. You would file for an I-130. You find the I-130 on the USCIS website. There are example forms on visa journey if you are curious about how to fill it out.

Ultimately, the CR1 results in a visa AND green card at the same time. The K1 only results in a visa which she would use to enter the USA, then marry you, THEN apply for her green card. CR1 is usually a better option. I said that the K1 visa is faster in my last post, but that only factors in the amount of time it takes to process the visa. When you consider the extra time it takes to get a green card compared to the CR1 it is actually either the same amount of time or slower. The K1 visa is also more expensive. By the way, you can expect the the immigration process from the initial position to the acquisition of the green card to cost about $2-$3K.

The only time I recommend a K1 is if your fiance lives in western Canada (I think it's considered Manitoba and west, but it might be saskatchewan and west?) This is because ALL spousal visas/CR1s have an interview at the consulate in Montreal. Nope, it doesn't matter if she lives in Vancouver- if she applies for a CR1 she has to go to Montreal. And Montreal is a very slow consulate.

However, if she applies for a K1 AND lives in western canada she gets to interview at the consulate in Vancouver, which is significantly faster (2-3 mos it seems) than Montreal. If she lives in Eastern canada it doesn't make a difference if she applies for a K1 or CR1- she still goes to Montreal.

The CR1 and K1 are visas that entitle your honey to enter the US. The visa DOES NOT entitle her to permanent residency- the green card is what grants her permanent resident status, and her K1 visa in combination with the marriage certificate and I-94 allows her to file for a green card. Permanent residents get the privilege to work in the US, travel freely in and out of the US, get a driver's license, etc. They don't get the same protections as citizens do in the justice system but they effectively can live like an american inside the US. After maintaining permanent resident status for 3 years she can apply for american citizenship. And yes, you can be a dual canadian and american citizen- woohoo, that's fun!

Here's how it goes down effectively for a CR1: Once she receives her visa from the consulate in Montreal, she gets to cross the border and start living with you. A couple weeks later her green card will arrive in the mail, but for all intents and purposes she is a permanent resident. That means she can get an SSN, opena bank account, start working, etc. pretty much immediately.

Here's how it goes down effectively for a K1: Once she receives her visa from the consulate in Montreal (if she lives in eastern canada) or Vancouver (if she lives in western canada), she gets to cross the border and start living with you. Her K1 expires immediately upon entry- however, she gets an I-94 stapled into her passport. (the I-94 is just something the border officer attaches to her passport- it only costs $6, the fee is included if you fly.) This I-94 is valid for 90 days from the date of her entry into the US. Within these 90 days, you MUST get married. The 90 days grant her "conditional" status- she is NOT a permanent resident, but she is a legal alien. Within these 90 days, you would ideally file for "adjustment of status" which grants her a green card. Adjustment of status costs $1070 and takes anywhere from 3-6 months (6 months is quite long for AOS, however). When you file for adjustment of status you can also apply for an employment authorization document (EAD or work permit) and advance parole (document that allows her to exit the US). These are temporary cards issued to her while they work on her green card. The EAD and AP are usually issued a couple months after you file for AOS, and then the green card shortly follows. Without an EAD or green card she CANNOT LEGALLY work in the US. Also, without AP or a green card she CANNOT LEGALLY cross the american border. She is STUCK inside the US until she receives one of these documents.

In essence, the CR1 takes a couple months longer to process, but everything is done all at once and it gives her more freedom once she is in the US. Some people prefer to remain engaged before they start living together. That's a personal decision. I wish I had gone the CR1 route, but I didn't understand the process well initially and ended up with a K1. Lo and behold, hubby got laid off before we filed for my green card. Because we can't file my green card without proof of his employment I have been sitting on my butt in the US for 8 months unable to legally work or travel to Canada. By the way, you will have to prove you are able to financially support your honey- but don't worry, the required income for this is low and you can always get co-sponsors if you don't earn enough.

So there's some more info to chew on!

Also, one last tip: DON'T HIRE A LAWYER! They are a waste of money. VJ and time to read up on the process is all you need. Lawyers are basically glorified typists in that they just fill out forms with basic info like your name and birthdate for you. The immigration process changes frequently as well so they tend to be behind on the times and consequently give poor advice.

Edited May 30, 2012 by pocheros

[alizon 77]

Sounds great. I've just got a couple questions. First off.. How do we go about filing for this visa? What does it entitle us to? Does this mean that once she moves here on the visa, THEN we need to file for a green card? Would the following process be accurate:

-She visits.

-We obtain a marriage license while she's here.

-She returns to Canada.

-I file for a spousal visa (or does she? I think I'll understand this better when I know what the spousal visa is, heh)

This brings me to the question of visiting vs living here. What exactly defines visiting vs living? Is it purely based on her returning to Canada before she goes out of status(six months)? In essence, can we send her home every five months for say, a week or two, and then bring her back purely for the sake of keeping everything legal?

Everyone has given you really good, complete advice, but there are two things that I think need to be clear:

1. Getting a marriage license does not mean you are married...you have to get a marriage license and then get married by an officiant who has that power. Then your marriage will be registered with the state and you can request the certificate that you will need for the I-130.

2. On top of the fact that you should not attempt to adjust your partner's status here in the US (she should go back to Canada to wait it out), she cannot visit for 5 months and 3 weeks, go back to Canada for a few days, and visit for another 5 months and 3 weeks. She cannot spend more than 6 months in the US in a given calendar year according to the CPB website, and I've heard other sources say that it can't be more than 6 months in any 365 day period (e.g. can't visit from July-December then Jan-June just because the year started over).

Hopefully that wasn't redundant information (I only skimmed all of the CR-1 101 info that pocheros posted).

Edited May 30, 2012 by alizon

[Willho 0]

Hahahaha.. Pocheros, your lawyer comment is actually quite relevant as to how I came about this board in the first place. I was looking for a way to figure out how to go about all of this without getting a lawyer involved. Heheh.. All of this IS a lot of information to chew on, and I'd be lying if I said I knew what I was getting myself into. However, at the moment, I actually only have one question, seeing as how everything else pretty much clicked. If, for whatever reason, I'm unable to prove that I can financially support my lover (I was going to be able to do so through help from family + loans, seeing as how I'm going through school), how exactly can I get co-sponsors? Who do they need to be? How do I go about it? Do I definitely need to be employed?

Actually, I guess I lied. Lots more questions. I've got a hypothetical situation I want to throw out. Well.. and more questions. Clarification, I guess. Once again, forgive me for beating around the bush so much.. I'm really trying to weigh my options to see what's going to fit best.. First off, Squee had mentioned that people who are engaged/married are monitored carefully? That brings me to my hypothetical situation.. Let's say my sweetheart gets a study visa to attend a college around here. We've already looked into it actually, and it's quite possible. So, let's say she does that, but let's say we want to get married during that time and file the CR1. Is this possible, or would there be conflict? This wouldn't count as abusing the study visa to allow her to live with me whilst we wait on a spousal visa, would it?(Since she actually would be attending school) As mentioned, she would obviously need to go back for her interview in Montreal, yes? If this is possible, then I have a lot more questions regarding the future, but I'd like to know if there would be a conflict first.

Just saw Alizon's reply. If I hadn't been married previously, I wouldn't have known, so it was definitely good for you to point it out regardless. However, I have a question pertaining to the six months. If she's here on a study visa, does that still apply? I guess I should look some more into study visas to see what they'd entitle my lover to. Also, earlier in my post, before I saw your post, I asked this question, but I figure reiterating might do some good since you touched on the point of not changing her status while she's here in the US.. Once again, what if she's here on a study visa going to school?

[dukeandduchess 141]

First: you will need to earn (or have a co-sponsor who earns) 125% of the Federal Poverty guideline for their family size (how many people they support/live in their home). So, you need one US citizen (doesn't have to be a family member) to fill out form I-134 (Affidavit of Support) [K1 Visa] in order to sponsor your fiance(e). You do not need to be employed. You will also need someone to co-sponsor your fiance(e) once you get married [or file a CR-1 Visa] by filling out an I-864. Form I-864 is legally binding - ie. they are responsible for your fiance(e) for 10 years or until they have worked a certain number of years. Be sure you have someone who is willing to do this for you. Loans/savings don't count as much as income. I believe you need 4x the amount of assets (so if you need to prove you earn $20k a year you would need $80k assets).

Student visas are difficult to get mainly because she would have to prove she had the means to pay for school. The problem with your plan is that you have the *intent* to marry. So yes, having your fiance(e) come there in order to live with you and get married (eventually) is considered, as you put it, "working the system". I would call it visa fraud.

Trust me - I totally understand wanting to live with your future spouse right away but sadly that isn't how this process works. Once you have the *intent* to marry, all of your plans still have the *intent* to get married. Say she did get the Student visa and somewhere down the road they found out you guys had brought her there in order to get married using the Student visa.... bad news. The likelihood of that is really small, but it is a possibility all the same.

Just file for the K1 or CR-1 and get the process started. Honestly, the 7 months or so you will need to wait will allow him or her to tie up loose ends in Canada and visit friends and family. It's not fun but its better than having your family torn apart for committing visa fraud.

I would recommend doing a lot of reading on this website. There are guides to the different kinds of visas. There are comparison charts. Read, read, read. You're wasting your time trying to work around the system. Sorry this sounds a bit harsh, but part of the reason we all have so many hoops to jump through is due to people trying to beat the system. I am sure your intentions are good, and you will do things legally and honestly once you are properly informed.

Good luck.

Edited May 30, 2012 by dukeandduchess

[Willho 0]

Yea, I've already pretty much come to terms with the fact that we're going to have to wait and that trying to work around the system is just asking for trouble. What we're planning to do is to get married and to just wait it out. The biggest problem is going to be this whole financial sponsoring, and I'm definitely still pretty confused by it.. So, I'm going to need two people to sponsor her, basically? What if she isn't my fiancee and is instead my spouse? I'd much rather go the route of bringing her here, marrying her, and then having her go back to Canada so that I can file the CR-1. I guess I'll just have to get reading (: .

[pocheros 101]

Hahahaha.. Pocheros, your lawyer comment is actually quite relevant as to how I came about this board in the first place. I was looking for a way to figure out how to go about all of this without getting a lawyer involved. Heheh.. All of this IS a lot of information to chew on, and I'd be lying if I said I knew what I was getting myself into. However, at the moment, I actually only have one question, seeing as how everything else pretty much clicked. If, for whatever reason, I'm unable to prove that I can financially support my lover (I was going to be able to do so through help from family + loans, seeing as how I'm going through school), how exactly can I get co-sponsors? Who do they need to be? How do I go about it? Do I definitely need to be employed?

Dukeandduchess already answered, but to add a little more detail, here's the federal poverty guideline for 2012: http://www.familiesusa.org/resources/tools-for-advocates/guides/federal-poverty-guidelines.html

Co sponsors can be pretty much anyone who's an American citizen and is willing to help you out. Many people use their parents if it's necessary.

To echo dukeandduchess: read lots! But also take a grain of salt with what you read. Remember DIFFERENT consulates require DIFFERENT things, although there are some things in common that all consulates will require. Canada is one of the easiest countries to get a visa from, so if you're reading someone's immigration horror story from Nigeria there's no need to freak out. Everyone inevitably freaks out and worries though, it's natural

USCIS and NVC are stages that are the "same" for everyone, though. There are forums for each step of the process.

As previously stated, the immigration process changes fairly frequently so often information is out of date or slightly wrong. Cross check your sources. Check out the guides here to get an idea of the overall process: http://www.visajourney.com/content/guides There are a lot of helpful threads on the forums- the search function is your friend. When in doubt, though, VJers are usually quite helpful and willing to answer your questions

[pocheros 101]

Yea, I've already pretty much come to terms with the fact that we're going to have to wait and that trying to work around the system is just asking for trouble. What we're planning to do is to get married and to just wait it out. The biggest problem is going to be this whole financial sponsoring, and I'm definitely still pretty confused by it.. So, I'm going to need two people to sponsor her, basically? What if she isn't my fiancee and is instead my spouse? I'd much rather go the route of bringing her here, marrying her, and then having her go back to Canada so that I can file the CR-1. I guess I'll just have to get reading (: .

You have to prove that you can financially sponsor her no matter what type of visa you use- K1 or CR1. You don't need two people to sponsor her unless you require two people to meet the income requirements as laid out in the federal poverty guidelines. You just need to prove that your co-sponsor(s) meet 125% of the federal poverty guidelines.

I forget how household size is counted in the I-864. Someone explained it awhile ago but I don't remember and I haven't filled out the form myself But basically you look at the household size as outlined in the chart I linked in my last post and prove that you and your joint sponsors earn that much annually or you have a ridiculous amount of assets that exceed that amount.

Edit: Looked it up. Household size is counted as yourself and the intending immigrant and any children under the age of 18 who are dependent on you. So if you don't have kids the number you're looking at is 2. 133% of the poverty guideline for 2 people for all states except Hawaii and Alaska is $20,123. (You need to prove it for 125%- the chart I found doesn't list it, though.) So if you have a mom or dad who earns over $20,000 a year and is willing to sponsor your fiance/spouse you're good to go. You can even use friends if they're willing- your co-sponsors don't have to be relatives.

Edited May 30, 2012 by pocheros

[dukeandduchess 141]

If you file for a K1 visa, you AND a co-sponsor fill out an I-134. When she adjusts her status (form I-485) you AND a co-sponsor would both fill out for I-864. This basically shows the government that your fiance(e) will not become a public charge (use food stamps, medicaid, etc.) If they so use any of those social welfare programs, the government, based on your sponsorship, can turn around and recuperate the money from you.

Here's my real world example:

In February of 2011 my now husband was working part-time and in school getting his teaching credential. He had part-time income in 2010. When we filed for my K1 visa my husband AND his father both filled out form I-134 (Affidavit of Support) to sponsor me. My now husband made 8k in 2010 and his father made around 70k.

Now we are filing for Adjustment of Status (form I-485 aka green card) and my husband now has to fill out form I-864 for my sponsorship. He now makes $30k+ so we can file on our own. My father-in-law wanted to fill a form out anyway, so both my husband and my father-in-law are sponsoring me. Although he's making a nice gesture (he literally insisted), they will only look at my husband's I-864 because they only use one sponsor if their income is sufficient.

If you're filing for a CR-1 visa, you AND a co-sponsor will need to fill out form I-864. You AND your co-sponsor will be legally responsible for your fiance(e). Your co-sponsor needs to make 125% of the poverty guideline INCLUDING the co-sponsor + your fiance(e) + any additional dependents.

Anyway, this is probably just confusing you even more. Definitely look at the guides. I found it really useful to write everything we needed in a list and I made a list of pros and cons as well. It will help you decide.

You most certainly can get married in the US but your fiance(e) or wife will have to return to Canada to wait it out.

[dukeandduchess 141]

Oh and my response is based on the OP stating he was unsure of whether he would be able to prove the ability to provide financial support. OP, if you earn 125% of the poverty line including you + your fiance(e) + any dependents, you do not need a co-sponsor.

Edited May 30, 2012 by dukeandduchess

[alizon 77]

If she's here on a study visa, does that still apply? I guess I should look some more into study visas to see what they'd entitle my lover to. Also, earlier in my post, before I saw your post, I asked this question, but I figure reiterating might do some good since you touched on the point of not changing her status while she's here in the US.. Once again, what if she's here on a study visa going to school?

No, the 6 month rule doesn't apply to a student visa; the 6 months is for someone on a visitor's visa. But I would echo what dukeandduchess says:

Student visas are difficult to get mainly because she would have to prove she had the means to pay for school. The problem with your plan is that you have the *intent* to marry. So yes, having your fiance(e) come there in order to live with you and get married (eventually) is considered, as you put it, "working the system". I would call it visa fraud.

She's right on the issue of funding a student visa too: being able to get into a US school isn't enough. I'm not sure exactly how much money is required, but I've heard it's nothing to sneeze at.

Edited May 30, 2012 by alizon