Traveling

[Djm19 0]

Me and my girlfriend from Canada are going to be getting married. We are both are wondering if she can go back and forth while we wait for the papers? And can we travel within the US? 

[Lil bear 4,219]

4 minutes ago, Djm19 said:

Me and my girlfriend from Canada are going to be getting married. We are both are wondering if she can go back and forth while we wait for the papers? And can we travel within the US? 

You’ll need to give us a bit more information about your situation. Who lives where .. are you a USC ??  What papers are you referring to ? 

[Daphne . 1,866]

3 minutes ago, Djm19 said:

Me and my girlfriend from Canada are going to be getting married. We are both are wondering if she can go back and forth while we wait for the papers? And can we travel within the US? 

Is the idea to get married and go for a spousal visa? Or did you decide to get married while she is in the US?

If you will get married and go the spousal visa road, she needs to go back to Canada but she will be able to visit during the process. 

 

[Djm19 0]

8 minutes ago, Daphne K said:

Is the idea to get married and go for a spousal visa? Or did you decide to get married while she is in the US?

If you will get married and go the spousal visa road, she needs to go back to Canada but she will be able to visit during the process. 

 

We are both new to this whole thing, she visiting me right now and we are going to get married, I don’t know what visa I’ll be getting. I’ll most likely be talking to a lawyer soon. 

[Djm19 0]

12 minutes ago, Lil bear said:

You’ll need to give us a bit more information about your situation. Who lives where .. are you a USC ??  What papers are you referring to ? 

I live here in the states, she’s from Canada. And we are figuring out what papers we will be submitting once we talk with a lawyer. 

[Daphne . 1,866]

7 minutes ago, Djm19 said:

We are both new to this whole thing, she visiting me right now and we are going to get married, I don’t know what visa I’ll be getting. I’ll most likely be talking to a lawyer soon. 

The downside of getting married while she is visiting you now and her staying, will be that she will not be allowed to work or travel back and forth to Canada during the Adjustment of Status.  So this would have serious personal and financial consequences. Can she just not go back to Canada from now on and would you 2 be able to manage financially for a lot of months?

I would strongly advise to marry and let her go back, you can file for a spousal visa. She would be able to visit and as soon as the visa is approved and she moves to the US, she can work and is free to travel immediately.

 

Edited July 23, 2019 by Daphne K

[Ben & Katy 168]

30 minutes ago, Daphne K said:

The downside of getting married while she is visiting you now and her staying, will be that she will not be allowed to work or travel back and forth to Canada during the Adjustment of Status.  So this would have serious personal and financial consequences. Can she just not go back to Canada from now on and would you 2 be able to manage financially for a lot of months?

I would strongly advise to marry and let her go back, you can file for a spousal visa. She would be able to visit and as soon as the visa is approved and she moves to the US, she can work and is free to travel immediately.

 

If she goes back to Canada and files the I-130 she will be able to visit him in the USA until the I-130 process is done.  She will just have to convince the officer at the border that she has strong ties to Canada.  

[Cryssiekins 976]

To save you $$ from consulting with a lawyer, here are your options:

 

If she is currently in the US:  

 

1.)  You marry (courthouse is fine), file the i130, i485, i131, and i765.  She can NOT leave the US until the i131 is processed.

 

2.)  You marry, then file the i130.  She will have to return home, but should be allowed to continue visiting.

 

3.)  She goes home and you file for a K1 visa (i128F), which will allow her to come here, marry within 90 days, and then file the i485, i131, and i765

 

If she’s not in the US right now, you still have options 2 & 3 above.  

 

Your best bet is likely to marry ASAP, and then file for the i130.  This will allow her to visit (although, never a guarantee), but she can keep working in Canada and have time to tie up loose ends.  Once she has the spousal visa, she automatically has work and travel authorization.  

 

I took the K1 route as at that time it was quicker processing.  We were well prepared for me being unemployed for 6 months, but now with processing times slower, the spousal visa would be what we chose, if we were just starting. 

[Daphne . 1,866]

20 minutes ago, Ben & Katy said:

If she goes back to Canada and files the I-130 she will be able to visit him in the USA until the I-130 process is done.   

Yes, this is what I also said? 

[LightDisplay 6]

2 hours ago, Djm19 said:

I live here in the states, she’s from Canada. And we are figuring out what papers we will be submitting once we talk with a lawyer. 

Living here is different than being a US citizen. Are you a US citizen? If not, which status are you on?

[JFH 12,190]

*~*~*moved from “US citizenship discussion” to “what visa do I need” as OP is still researching the options*~*~*

[HRQX 4,145]

21 hours ago, Cryssiekins said:

Once she has the spousal visa, she automatically has work and travel authorization.

enters with

[Dashinka 24,513]

20 hours ago, LightDisplay said:

Living here is different than being a US citizen. Are you a US citizen? If not, which status are you on?

Very relevant question as if they are here as an LPR then fiance visa is not an option.

[Djm19 0]

On 7/23/2019 at 11:33 AM, LightDisplay said:

Living here is different than being a US citizen. Are you a US citizen? If not, which status are you on?

Yes I’m a US citizens.