Need advice and help ASAP please US citizen w/Canadian Fiance

[*Snowdrop* 604]

<<I strongly advise you do the following. She go back to Canada BEFORE you file ANYTHING. Sure get the paper work together now but don't file anything while she's in the USA. Being Canadian doesn't mean she gets more privledges over other countries. If you file while she's there, they will know this. They will know the date she entered under her tourist visa and they will see the date you filed. You HAVE to understand that when this is seen she could be deported, the petition denied and she could be banned from entering into the USA. Do you want that? Will it be worth never having her in the USA just because you both couldn't wait and do the process correct? To me it's not worth it to do it the wrong way.

Right now you ARE ok. She is there visiting. As soon as marriage is done and or papers filed for petitions now you're committing a fraud. So to prevent this the legal way will be to file again AFTER she leaves and is in Canada.>>

This is NOT true. It is not illegal to get married on a tourist visa or VWP in the US. It is not illegal to file for a fiancee or spousal visa while in the US if the beneficiary is intending to visit only as long as the tourist visa allows and will return to their home country to finish the process.

It is fraud to come to the US on any non-immigrant visa with the intention of using that non-immigrant visa to enter the country, marry and adjust status. (for the pedants I'm not including K1 in this scenario as a non-immigrant visa)

There is no reason for the OP to wait to file whichever visa he and his fiancee choose. They just need to make a plan for where she is going to stay when she gets back to Canada after her six months are up to wait out the rest of the process. And they need to work out what the best options for her daughter's schooling are.

[NikLR 13,227]

Correct, they can file for a visa while she is in the USA. However she can only legally visit for 180 days per 365 unless otherwise okay'd by the CBP. Also like others said, think about her and her daughter's healthcare.

You may be temporarily outside of Canada for a total of 212 days in any 12 month period and still maintain your OHIP coverage as long as your primary place of residence is still in Ontario. FROM:http://www.health.gov.on.ca/en/public/publications/ohip/travel.aspx