Complicated situation, please help!

[Dominic 0]

Hello, first time posting, please help me with the following situation:

My fiance is a Canadian citizen, we want to get married this summer, is it possible to get married in the US and immediately apply for a status change and have her stay here with me and not return to Canada?

Here is what makes it complicated:

1) She is still waiting on her final divorce papers from the state thus I believe eliminating the possibility of a K1 application as you need that to apply. The judgement should come around May.

2) She is pregnant and I want her here ASAP.

3) She has a child from a previous marriage who would have to start school in August.

4) She is getting ready to sell her home, etc, in Canada.

If we get married in the US, would she be able to stay with me until she is approved?

What is the best route we should take?

Here is what I found from another website, please let me know if this is accurate:

http://www.nriol.com/immigration/usa-greencard-marriage.asp

Applying through Adjustment of Status with the USCIS.

Who Qualifies:

Any U.S. Citizen in the United States with a Foreign National Spouse who entered the U.S. legally.

Note to U.S. Citizens:

If your foreign national spouse entered the U.S. illegally (without a visa or visa waiver), you should wait to apply for adjustment of status when Sec 245(i) is extended. Check back here periodically for updates. Canadian Visitors do NOT need to show proof of entry (visa or visa waiver).

An Overview of the Process:

Once the marriage has taken place, the couple files the following with the Immigration and Naturalization Service (USCIS):

Petition for Alien Relative (USCIS Form I-130)

Application to Register Permanent Residence (USCIS Form I-485)

Biographic Information (USCIS Form G-325A)

Affidavit of Support (USCIS Form I-864)

Permission for Work Authorization (Optional) (USCIS Form I-765)

Medical Examination Results (USCIS Form I-693)

Request for Travel Documents (Optional) (USCIS Form I-131)

The appropriate supporting documents

The appropriate filing fees

The USCIS will contact you first regarding work authorization and permission to travel. The processing times vary from state to state. Some states will process them the same day, others can take up to 90 days.

The USCIS will contact you next to schedule an interview. This will be anywhere from 6 months to 18 months after filing the initial application.

Following a successful interview, the alien spouse will receive a stamp classifying him/her as a Conditional Permanent Resident.

The Conditional Status may be dropped by applying for Removal of Conditional Status within 90 days of the 2 year anniversary of the granting of Conditional Permanent Residency.

[riblet 0]

It is immigration fraud to enter the U.S. with the intent of staying. I know you want it to be that easy, but if it was, none of us would be separated from our partner for so long.

There is a big difference from entering the U.S. and then changing your mind and deciding to stay, and coming down with all your belongings and planning on staying.

Since you can't file anything until after her divorce goes through, I'm afraid there is essentially zero chance of having the process complete 2 months later for her child to go to school.

I would estimate that filing from Canada, the absolute fastest it could be from the divorce would be a 5 months if you are lucky.

Good luck with everything.

[Dominic 0]

Thanks for your reply.

Is the information posted on that website wrong, in particular that "Canadian Visitors do NOT need to show proof of entry (visa or visa waiver)"?

http://www.nriol.com/immigration/usa-greencard-marriage.asp

Applying through Adjustment of Status with the USCIS.

[Reba 2]

No, it isn't wrong, however the circumstances are different.

A Canadian can come to the US and visit for up to 6 months, without a visa of any sort, and then they *must* return to Canada for 6 months. However, *IF* during that time, they meet someone and get married on the spur of the moment, they can stay to adjust status. With the caveat that adjustment can be denied for any reason, without chance of appeal.

However, if a Canadian picks up all their belongings, sells their home in Canada, quits their job and registers their kid in a US school and heads to the border, 99.99999% of the time, they're going to be denied entry by CBP and turned back around. Arriving into the US with the intent of getting married to stay and adjust status is not allowed unless you have the proper visa. She clearly would have immigrant intent, with her kids and worldly belongings in tow.

If her divorce is not finalised until May, figure on a November or December wedding at the earliest. Unless K1 processing speeds up considerably between now and then.