I am Canadian, currently visitng my boyfriend in the US and I have been here for a month. We've been together for a year and we want to get marrried. I know it is legal for us to get married here in Georgia, but what's next? Who applies for the visa paperwork if we want to live in the US, should get go through a lawyer and is that costly? Is it better to get married first? Sorry, that's a few questions in one post. If there is anyone who has been in this situation before, could you please give me some advice? Appreciate it.

One or two questions. You haven't said if your b/f is US citizen or Canadian citizen living in US; which is it? If you are both Canadian, then it isn't a matter of getting visas, it's a matter of getting green cards to live and work in the US, this again, is if you are both Canadians. If you b/f is US citizen, then it is easy for you to live and work there in the US. I would suggest you call the Canadian Embassy to see which step is best first.

Your situation is not as complicated as you think; it is just a little backwards.

Tick

For you to stay in the US, you first get married, then with the USCIS, you file the relative petition (I-130) which is signed by your USC husband and the application for permanent residence (I-485) signed by you. There are a lot of supporting forms and documents to be included, so be sure to follow the instructions on the USCIS website very carefully. You will want to file for an EAD for work authorization (I-765) and for an advance parole travel authorization (I-131).

The USCIS will send you receipt notices for all the operative forms filed, then will schedule you for biometrics (fingerprints and a digital picture). They will complete the background and name checks.

You will then be scheduled for an interview at the local field office. I recommend (not advise) for you to supplement the file with additional documents to prove up cohabitation and co-mingling of funds. If the officer is convinced of the validity of your marriage, he/she will generally approve your US permanent residence at that time. Your green card (I-551) usually comes in the mail within 3-4 weeks. You will be granted conditional permanent residence, good for 2 years.

I recommend that you consult with an immigration attorney, even if just to get a detailed overview of the process. Check with AILA for a referral.

Congratulations and good luck!

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Originally Posted by NYcityboy

for you to stay in the US, you first get married, then with the USCIS, you file the relative petition (I-130) which is signed by your USC husband and the application for permanent residence (I-485) signed by you. there are a lot of supporting forms and documents to be included, so be sure to follow the instructions on the USCIS website very carefully. you will want to file for an EAD for work authorization (I-765) and for an advance parole travel authorization (I-131).

the USCIS will send you reciept notices for all the operative forms filed, then will schedule you for biometrics (fingerprints and a digital picture). they will complete the background and name checks.

you will then be scheduled for an interview at the local field office. i recommend (not advise) for you to supplement the file with additional documents to prove up cohabitation and co-mingling of funds. if the officer is convinced of the validity of your marriage, he/she will generally approve your US permanent residence at that time. your green card (I-551) usually comes in the mail within 3-4 weeks. you will be granted conditional permanent residence, good for 2 years.

i recommend that you consult with an immigration attorney, even if just to get a detailed overview of the process. check with AILA for a referral.

congratulations and good luck!

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I would like to see your substantiating information, websites, explanations on what you suggest because you are dealing with information for a Canadian citizen and what you are outlining is not appropriate as far as I am concerned. She may get married for sure, but she has to go back to Canada and start the immigration process to the US in the usual manner.

It isn't that easy my friend, nowadays.

Tick

I am a Canadian citizen and he is a US citizen. I can imagine the process is not easy. I think we will end up going to a lawyer just to make sure everything is done properly. I was more curious to see if getting married first was the right way to go. So I guess the answer is, yes, I will have to go home after the 6 month visit perios that is allowed. Can we even start the process before I go home to Canada?

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Originally Posted by inluvinga

I am a Canadian citizen and he is a US citizen. I can imagine the process is not easy. i think we will end up going to a lawyer just to make sure everything is done properly. I was more curious to see if getting married first was the right way to go. So I guess the answer is, yes, I will have to go home after the 6 month visit perios that is allowed. Can we even start the process before I go home to Canada??

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Hi inluv, why don't you just give the Canadian Consulate a call where you are?

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Originally Posted by tickle

I would like to see your substantiating information, websites, explanations on what you suggest because you are dealing with information for a Canadian citizen and what you are outlining is not appropriate as far as I am concerned. She may get married for sure, but she has to go back to Canada and start the immigration process to the US in the usual manner.

it aint that easy my friend, nowadays.

tick

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The USCIS website explains in detail at USCIS - Green Card Through Family. I have copied the relevant section below (I bolded some for clarification). As the spouse of a USC, you are an immediate relative. As an immediate relative, with a valid entry to the US, you can file to adjust your status to US permanent resident, here in the US. Certainly would agree to consult with an immigration attorney. Congratulations again and good luck! :)

Green Card Through Family

Many people become permanent residents (get a green card) through family members. The United States promotes family unity and allows U.S. citizens and permanent residents to petition for certain relatives to come and live permanently in the United States. You may be eligible to get a green card through a family member who is a U.S. citizen or permanent resident, or through the special categories described below. For more information on the categories below, see the links to the left.

There are two distinct paths through which you can get your green card. Many family members who are already in the United States may qualify for adjustment of status to permanent residence in the United States, which means they are able to complete their immigrant processing without having to return to their home country. Those relatives outside the United States or those who are not eligible to adjust status in the United States may be eligible for consular processing through a U.S. embassy or consulate abroad that has jurisdiction over their foreign place of residence. For more information on these processes, see the links to the left under “Green Card Processes & Procedures.”


If Your Family Member is a U.S. Citizen

You may be able to get a green card as an immediate relative or as a family member in a preference category if your U.S. citizen relative files a Form I-130, Petition for Alien Relative, for you. For more information on immigrant petitions, see the “Family” link to the right.

Immediate Relative of a U.S. Citizen
You are an immediate relative of a U.S. citizen if you are:

The child (unmarried and under 21 years old) of a U.S. citizen
The spouse (husband or wife) of a U.S. citizen
The parent of a U.S. citizen (if the U.S. citizen is 21 years or older)

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Originally Posted by inluvinga

I am a Canadian citizen and he is a US citizen. I can imagine the process is not easy. i think we will end up going to a lawyer just to make sure everything is done properly. I was more curious to see if getting married first was the right way to go. So I guess the answer is, yes, I will have to go home after the 6 month visit perios that is allowed. Can we even start the process before I go home to Canada??

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You have several options, and your original post mentioned what to do after you got married in Georgia, so that is what I responded to. You do have many other options:

1. do not marry, leave the US and apply for the K-1 fiancée visa at the US consulate in Canada.
2. marry, leave the US and apply for the K-3 spouse visa at the US consulate in Canada.
3. marry, leave the US and apply for the immigrant visa at the US consulate in Canada.
4. marry, stay in the US and apply for adjustment of status to US permanent resident.

Please note that these options have different timelines and travel restrictions, so please do consult with an immigration attorney.

Thank you... I appreiate the advice and will get in touch with lawyer. Going now to take a look at the site you referenced as well.