Marrying non citizen In The U.S.

[Arnel 0]

My fiance is Filipino but currently in Canada awaiting her permanant residece so she can travel here.We will marry as soon as she arrives.What forms & procedures must we follow? Is it true that if we marry here, file immigration papers the government will allow her to stay here while the papers are processed & not send her back to Canada since I am an American citizen?

[pushbrk 13,213]

My fiance is Filipino but currently in Canada awaiting her permanant residece so she can travel here.We will marry as soon as she arrives.What forms & procedures must we follow? Is it true that if we marry here, file immigration papers the government will allow her to stay here while the papers are processed & not send her back to Canada since I am an American citizen?

Not enough information. She's in Canada waiting for permanent residence in the US? Waiting meaning something is already in process? She would arrive as a permanent resident based on something already in place?

Or do you mean she's waiting for a visitor visa to travel to the US?

If she comes here as a permanent resident before you're married, your marriage has little bearing on her status.

If she comes here as a visitor with the intention of marrying you, stays and tries to adjust status to permanent resident based on your marriage, that's visa fraud.

Just what are the current circumstances and intentions? Then we can give appropriate answers.

[Lance27 20]

My fiance is Filipino but currently in Canada awaiting her permanant residece so she can travel here.We will marry as soon as she arrives.What forms & procedures must we follow? Is it true that if we marry here, file immigration papers the government will allow her to stay here while the papers are processed & not send her back to Canada since I am an American citizen?

If she is waiting for Canadian permanent residence then she will still need a Visa to enter the US.

She cannot enter on a tourist visa with intent to get married in the US... the right visa to use would be the K1 Fiance(e) Visa

If she enters on a K1 you both have 90 days to get married and then file for Adjustment of status to a permanent resident in the US

She will have to check with CIC Canada if she will still be able to retain her Canadian PR status once she moves.

[MargotDarko 0]

My fiance is Filipino but currently in Canada awaiting her permanant residece so she can travel here.We will marry as soon as she arrives.What forms & procedures must we follow? Is it true that if we marry here, file immigration papers the government will allow her to stay here while the papers are processed & not send her back to Canada since I am an American citizen?

If she is waiting for Canadian permanent residence then she will still need a Visa to enter the US.

She cannot enter on a tourist visa with intent to get married in the US... the right visa to use would be the K1 Fiance(e) Visa

If she enters on a K1 you both have 90 days to get married and then file for Adjustment of status to a permanent resident in the US

She will have to check with CIC Canada if she will still be able to retain her Canadian PR status once she moves.

No K1 visa is need to marry in the US and then leave. The visa fraud problem only comes in when the foreign spouse intended to immigrate upon entry.

[Reba 2]

Which is what the OP said is the intent. She is planning to come to the US get married and stay to adjust status. Which is not entirely playing with the rules.

Arnel, have a look at the K1 forum for information on the fiancee visa.

[MargotDarko 0]

Which is what the OP said is the intent. She is planning to come to the US get married and stay to adjust status. Which is not entirely playing with the rules.

Arnel, have a look at the K1 forum for information on the fiancee visa.

Yep. I was just being a stickler about Lance's comment - "She cannot enter on a tourist visa with intent to get married in the US". I should have made that more clear.

[pushbrk 13,213]

My fiance is Filipino but currently in Canada awaiting her permanant residece so she can travel here.We will marry as soon as she arrives.What forms & procedures must we follow? Is it true that if we marry here, file immigration papers the government will allow her to stay here while the papers are processed & not send her back to Canada since I am an American citizen?

If she is waiting for Canadian permanent residence then she will still need a Visa to enter the US.

She cannot enter on a tourist visa with intent to get married in the US... the right visa to use would be the K1 Fiance(e) Visa

If she enters on a K1 you both have 90 days to get married and then file for Adjustment of status to a permanent resident in the US

She will have to check with CIC Canada if she will still be able to retain her Canadian PR status once she moves.

Perhaps she is awaiting Canada permanent residence so that she can visit the US and marry. That's fine but no it is not true she can stay and adjust status. She'll have to leave the US before the length of stay she was granted on entry, expires. She may perhas visit again during the process but she'll need a CR1 or K3 visa before she enters permanently.

[Arnel 0]

My fiance is Filipino but currently in Canada awaiting her permanant residece so she can travel here.We will marry as soon as she arrives.What forms & procedures must we follow? Is it true that if we marry here, file immigration papers the government will allow her to stay here while the papers are processed & not send her back to Canada since I am an American citizen?

Not enough information. She's in Canada waiting for permanent residence in the US? Waiting meaning something is already in process? She would arrive as a permanent resident based on something already in place?

Or do you mean she's waiting for a visitor visa to travel to the US?

If she comes here as a permanent resident before you're married, your marriage has little bearing on her status.

If she comes here as a visitor with the intention of marrying you, stays and tries to adjust status to permanent resident based on your marriage, that's visa fraud.

Just what are the current circumstances and intentions? Then we can give appropriate answers.

Ok, my fiance is in Canada awaiting her Canadian permanant residence.She's originally from the Philippines.Once she gets her permanant residence in Canada she will come to the US & we will marry. I am unsure what kinda visa she should apply for in Canada so she can come to marry.Once here & married can she stay here permanantly as my wife while her papers filed here are being processed?

[Kez/JWolf 6]

If she comes to the US and gets married she will have to return to Canada once her visit is over, while you file a K3/CR1 visa to bring her back here.... she can not remain while it is being processed...

OR

You file a K1 visa for her and she comes here once that has been approved and you then marry she then has to file for Adjustment of Status...

Kez

Edited July 17, 2007 by Niagaenola

[Yodrak 7]

Arnel,

Your post is not entirely clear, but a few things can be said:

- If she can get into the USA then she can marry you in the USA. Individaul state marriage laws and local procedures apply.

- It is not legal to enter the USA as a non-immigrant with the intention of immigrating on that entry.

For more details you need to discuss the specifics of your situation with a good, experienced, US immigration attorney. Consultations are not expensive.

Yodrak

My fiance is Filipino but currently in Canada awaiting her permanant residece so she can travel here.We will marry as soon as she arrives.What forms & procedures must we follow? Is it true that if we marry here, file immigration papers the government will allow her to stay here while the papers are processed & not send her back to Canada since I am an American citizen?

[pushbrk 13,213]

My fiance is Filipino but currently in Canada awaiting her permanant residece so she can travel here.We will marry as soon as she arrives.What forms & procedures must we follow? Is it true that if we marry here, file immigration papers the government will allow her to stay here while the papers are processed & not send her back to Canada since I am an American citizen?

Not enough information. She's in Canada waiting for permanent residence in the US? Waiting meaning something is already in process? She would arrive as a permanent resident based on something already in place?

Or do you mean she's waiting for a visitor visa to travel to the US?

If she comes here as a permanent resident before you're married, your marriage has little bearing on her status.

If she comes here as a visitor with the intention of marrying you, stays and tries to adjust status to permanent resident based on your marriage, that's visa fraud.

Just what are the current circumstances and intentions? Then we can give appropriate answers.

Ok, my fiance is in Canada awaiting her Canadian permanant residence.She's originally from the Philippines.Once she gets her permanant residence in Canada she will come to the US & we will marry. I am unsure what kinda visa she should apply for in Canada so she can come to marry.Once here & married can she stay here permanantly as my wife while her papers filed here are being processed?

She cannot stay longer than her entry visa or stamp allows for any given entry. She must return to her country of residence for the interview and must not overstay in the US. Attempting to circumvent the visa laws is visa fraud and carries severe penalties. You can probably time things so she spends most of the waiting time here as a visitor.