Green Card Holder marrying Canadian citizen

[Chet222 0]

Hi there,

 

I am a Canadian citizen who is currently engaged with a Green Card holder (also a Canadian Citizen) and we are wondering how we should proceed for our wedding. We both currently live in Canada but plan to move in the US in 3 months however we aren't sure if we should get married here in Canada or wait till we are in the US. 

 

The concern is mostly on my spouses side, we aren't certain if getting married outside of the US will affect her Green Card. Also there is concern on how this could affect my future application for my PR. 

 

My two cents tell me that getting married before we get settled in the US will push aside any doubt of a "sham" wedding whereas setting foot in the US and shortly after getting married could raise suspicion.

 

Your thoughts?

[aleful 1,905]

hi

you can marry wherever you want to but you won't be able to move to the US,  unless you are entering under a work visa, a TN visa or another type of visa, such as a work or student visa

 

the process takes around 2 years and you can't legally live in the US while waiting

 

how long has he been in Canada after receiving his GC? he can't stay out of the country for long, he can marry in Canada or wherever you want, he will return and file for your, you will wait in Canada

[Chet222 0]

Thanks for the answer!

 

My spouse has been in out of the US for the past 3 years. She's currently finalizing the details for a permanent job in the US which is why were planning to move. 

 

I understand that the process will be long for me to get granted a Green Card but I've been reading a lot on the petitions and forms.

 

This is our current plan, any feedback would be FANTASTIC!

 

- We enter the US and shortly after send a I-130 petition for me (we'd be married at this point)

- Include an I-485 requesting the permission to stay in the US while waiting for the decision on my I-130 petition.

- Include an I-765 requesting permission to legally work while waiting for the decision on my I-130 petition.

 

Unless I'm jumping the gun and making this way more simple than it really is, it seems to be the logical thing to do. 

 

An important thing to note is that as a Canadian citizen I am allowed to stay in the US legally for a maximum of 183 days in a 12 month period. 

 

SOOOOOO!!! any thoughts??

[R&OC 371]

Unless the legal situation between a Canadian and a European citizen is entirely different, you are not allowed to enter the country with the intent to immigrate and then adjust our status within while entering the country on a tourist visa or visa waiver program.

 

If you go through the legal process, your wait time should take around 2 years.

[aleful 1,905]

what do you mean 3 years? did he have a reentry permit to be out of the country for that long? or is he just getting his GC?

 

that's the problem, you can't file the i485 to adjust status, spouses of residents aren't allowed to adjust status, since the process takes 2 years and you have to go through consular processing in Canada

 

once your husband files the i130, you will have a visa available in 2 years, because you there is a visa bulletin which will let you know when a visa is available by your priority date. so you can't just enter and file the adjustment of status, plus it is considered fraud

Edited November 19, 2017 by aleful

[aleful 1,905]

what you are thinking isn't possible, that's not how the adjustment of status works

 

you have to be eligible for it in the first place, in this case you aren't qualified.

 

you would have your interview before the 2 years and you would be denied because your priority date isn't current and there is no visa available for you

 

 

[NikLR 13,232]

10 minutes ago, Chet222 said:

Thanks for the answer!

 

My spouse has been in out of the US for the past 3 years. She's currently finalizing the details for a permanent job in the US which is why were planning to move. 

 

I understand that the process will be long for me to get granted a Green Card but I've been reading a lot on the petitions and forms.

 

This is our current plan, any feedback would be FANTASTIC!

 

- We enter the US and shortly after send a I-130 petition for me (we'd be married at this point)

- Include an I-485 requesting the permission to stay in the US while waiting for the decision on my I-130 petition.

- Include an I-765 requesting permission to legally work while waiting for the decision on my I-130 petition.

 

Unless I'm jumping the gun and making this way more simple than it really is, it seems to be the logical thing to do. 

 

An important thing to note is that as a Canadian citizen I am allowed to stay in the US legally for a maximum of 183 days in a 12 month period. 

 

SOOOOOO!!! any thoughts??

You are making it more simple than it is. 

 

3 years out of the usa generally means someone has not kept the USA as their residence and is no longer a legal permanent resident of the USA.  They would need a work visa or tn status to work in the usa at this point.  If your spouse to be has claimed residency in canada for healthcare etc, that goes even more against them.

 

If, a big IF, they are still an LPR it is illegal to enter the USA with the intent to adjust your status.  (Canada is different than the usa in this manner.) CBP will turn you around unless you lie and then you be banned forever.  On top of that you would have to wait for a visa to be available.  Overstay is NOT forgiven for a spouse of an LPR and you risk a ban from thr USA ranging from 3 to 10 years. 

 

Basically your plan is not viable in any way.  Im sorry. 

[NikLR 13,232]

Also as a Canadian you are allowed 180 days.  At 183, if you reside in ON, you lose heathcare. 

[little immigrant 801]

39 minutes ago, Chet222 said:

Thanks for the answer!

 

My spouse has been in out of the US for the past 3 years. She's currently finalizing the details for a permanent job in the US which is why were planning to move. 

After 3 years the GC will most likely be considered abandoned. Your spouse is no longer a LPR legally. Also he won't be able to naturalized as a US citizen because he hasn't been residing here. 

I understand that the process will be long for me to get granted a Green Card but I've been reading a lot on the petitions and forms.

 

This is our current plan, any feedback would be FANTASTIC!

 

- We enter the US and shortly after send a I-130 petition for me (we'd be married at this point) On which grounds? Which visa? 

- Include an I-485 requesting the permission to stay in the US while waiting for the decision on my I-130 petition. Only US citizens can adjust status for immediate relatives. 

- Include an I-765 requesting permission to legally work while waiting for the decision on my I-130 petition. In theory yes but again an LPR can't adjust status for you. 

 

Unless I'm jumping the gun and making this way more simple than it really is, it seems to be the logical thing to do. 

 

An important thing to note is that as a Canadian citizen I am allowed to stay in the US legally for a maximum of 183 days in a 12 month period. If your spouse somehow still is an LPR that still wouldn't work because 183 days by far isn't enough time to get your visa. You can't adjust status. 

 

SOOOOOO!!! any thoughts??

 

[Boiler 46,122]

Wow

 

Lots of thinks sounds like a consultation with an Immigration Lawyer would be in order.

[geowrian 22,338]

8 hours ago, Chet222 said:

My spouse has been in out of the US for the past 3 years. She's currently finalizing the details for a permanent job in the US which is why were planning to move. 

Travel abroad for over 12 months has a presumption of abandoning residency. Multiple extended stays abroad may result in the the same.

 

Quote

This is our current plan, any feedback would be FANTASTIC!

 

- We enter the US and shortly after send a I-130 petition for me (we'd be married at this point)

- Include an I-485 requesting the permission to stay in the US while waiting for the decision on my I-130 petition.

- Include an I-765 requesting permission to legally work while waiting for the decision on my I-130 petition.

Once married (and assuming she has not abandoned residency as noted above), she can file an I-130 for you to start the process. ETA: ~2 years from filing to interview.

 

1) You cannot AOS as the spouse of an LPR until your I-130 is approved and its PD is current - roughly 18 months after filing (or slightly sooner if the Dates for Filing chart is still being used at that time).

2) You cannot enter the US with the intent to AOS (barring a dual-intent visa permitting this). This would be fraud. Do not do this.

Edited November 20, 2017 by geowrian