Canadian Girlfriend and Kid to USA

[MHK1984 0]

Hello Fellow VJers,

I have recently received my green card (originally from Canada and I am a Canadian Citizen) and moved to NY, USA because of work.

My GF and 9 month old boy are still in Canada and I am supporting them. She is not working and taking care of him F/T as there are some medical complications. They visit me regularly, however, always goes back to Canada. It's getting very hard to support them and live away from them.

I am hoping next time she visits, I can get married to her and have her stay here with me. I would also put them under my health/dental/etc insurance so that they are covered and we all are together.

Is this possible? legal? What are some next steps that I need to take after getting married (we are going to goto City Hall and do it)? What do I need to do next to make them permanent residents/or legal immigrants such that they are covered under my insurance/ and I have them under me as my dependents.

I would much appreciate your help/suggestions and/or directions would be much appreciated.

Regards,

M

[p-ana 933]

Not possible.

First of all it's fraud to enter the country with a non immigrant visa with the intention to stay.

As a green card holder, you'd have to apply for them and wait whatever time it is for a visa to be available for them (around two years for spouses and I'm not sure how long for children). There's no option that is immediate. Also, there's no petition for a girlfriend. Only fiancés of us citizens or spouses of both us citizens and green card holders.

[MHK1984 0]

Hello p-ana,

Thanks for your prompt response.

I was talking to couple of legal counselors and they had mentioned since its your intention and not her's - she is not entering with intention of staying. But once she is here, I can ask her to marry me and get her status adjusted.

Or would you suggest they keep on going back and forth (like they have been in the past)?

Thanks once again for your insight.

Regards,

M

[aaron2020 11,651]

Hello p-ana,

Thanks for your prompt response.

I was talking to couple of legal counselors and they had mentioned since its your intention and not her's - she is not entering with intention of staying. But once she is here, I can ask her to marry me and get her status adjusted. Extremely funny. She will be completely unaware of your plan? She will have no idea that she will be part of your plan. This is so laughable becauses it absurd that she will not know. She will be completely unaware that you intend for her to immigrate. You will be playing an extremely stupid game.

Or would you suggest they keep on going back and forth (like they have been in the past)?

Thanks once again for your insight.

Regards,

M

There is no basis for her to adjust status after you marry her. A visa number is not immediately available to the spouse of an green card holder. The current wait is 2 years. Your wife would have NO WAY to maintain her non-immigrant status in the US during the entire 2 years. Stop talking to these "legal counselors" or ask them for clarification since you mistaken about her eligibility to adjust status based on marriage to an LPR. After marriage, your wife will have to wait 2 years in Canada for an immigration visa. She can continue to visit you.

Edited December 7, 2016 by aaron2020

[p-ana 933]

Hello p-ana,

Thanks for your prompt response.

I was talking to couple of legal counselors and they had mentioned since its your intention and not her's - she is not entering with intention of staying. But once she is here, I can ask her to marry me and get her status adjusted.

Or would you suggest they keep on going back and forth (like they have been in the past)?

Thanks once again for your insight.

Regards,

M

As already answered above:

1- it's fraud to enter the country on a non immigrant visa with the intention to stay and adjust. Whatever way you wish to circumvent that, it's still fraud and you shouldn't even think about that.

2- you only have a green card, her visa availability takes around 2 years, so she would t be able to adjust anyway.

You have to get married first, then certainly can apply for the i130 and go from there. As said, it will take around 2 years for her, she can always visit if she complies with the regulations.

[MHK1984 0]

Thank you p-ana and aaron for your quick turn around and suggestions.

So from what I can understand and think is legal will be the following:

1- She visits me with my son and we get married

2- She returns back to Canada (do you know if there is a certain time limit before she has to return to Canada?)

3- I apply for I-130

4- She visits and stays with me and then go back to Canada (lawfully until the Visa is granted - approx 2 years)

5- We all can settle together once the her Visa becomes available

Another question that I have is, would my son be able to receive "following-to-join" benefits? And get his status changed to legal immigrant. This is based on my reading on: http://www.visajourney.com/content/child

"If you had children before you became a permanent resident and you did not immigrate as an immediate relative of a U.S. citizen, your unmarried, minor children may be eligible to receive following-to-join benefits. This means that you do not have to submit a separate USCIS Form I-130 (Petition for Alien Relative) for your children, and your children will not have to wait any extra time for a visa number to become available."

Thank you for your input thus far

Regards,

M

[KierenHby 899]

Hello p-ana,

Thanks for your prompt response.

I was talking to couple of legal counselors and they had mentioned since its your intention and not her's - she is not entering with intention of staying. But once she is here, I can ask her to marry me and get her status adjusted.

Or would you suggest they keep on going back and forth (like they have been in the past)?

Thanks once again for your insight.

Regards,

M

Are you sure?

Mila K, presumably your fiance, has previously indicated she plans to live in the US.

[muravez 0]

"I was talking to couple of legal counselors and they had mentioned since its your intention and not her's - she is not entering with intention of staying. But once she is here, I can ask her to marry me and get her status adjusted. Extremely funny. She will be completely unaware of your plan? She will have no idea that she will be part of your plan. This is so laughable becauses it absurd that she will not know. She will be completely unaware that you intend for her to immigrate. You will be playing an extremely stupid game."

She is your girlfriend and you did not father the child. You got legal counsel. Continue to pursue legal counsel because there IS case law that affirms what your legal counsel has said to you no matter what people say here. Just get an attorney for your situation that understands case law for your situation as described. There are very important and specific steps must be done under attorney guidance.

Edited December 14, 2016 by muravez

[aaron2020 11,651]

"I was talking to couple of legal counselors and they had mentioned since its your intention and not her's - she is not entering with intention of staying. But once she is here, I can ask her to marry me and get her status adjusted. Extremely funny. She will be completely unaware of your plan? She will have no idea that she will be part of your plan. This is so laughable becauses it absurd that she will not know. She will be completely unaware that you intend for her to immigrate. You will be playing an extremely stupid game."

She is your girlfriend and you did not father the child. You got legal counsel. Continue to pursue legal counsel because there IS case law that affirms what your legal counsel has said to you no matter what people say here. Just get an attorney for your situation that understands case law for your situation as described. There are very important and specific steps must be done under attorney guidance.

Please show these case law.

Doing immigration the right way with a 2 years wait and the ability to visit versus paying tons of money to get "legal counsel." Which is the smarter move?