[jas09]

I am from India at present I am in USA on work visa & planning to get marry with a Canadian citizen. My partner got marry in past but now legally divorced.
My marriage place will be India but I want to apply for family class immigration in USA. My questions are:-
(1) Is this legally possible, I can get marry in india and apply for family class
Immgration in USA?
(2) What will be the processing time?
(3) Will I get any advantage apply from USA?
(4) Is there any special need in case of marriage with a legally divorced person?

[Lowtax4eva]

You said you are going to marry canadian citizen? This will not help your status in the US

[lawanwadee]

If you are on employment based visa such as H-1B or L-1, your spouse will be eligible for H-4 (spouse of H-1) or L-2 (spouse of L-1). Both are non-immigrant visas, the fact that she is Canadian does not make both of you eligible to live in US permanently.

[jas09]

Hi,
Thanks for the reply, I am intrested to stay in USA as my partner is canadian citizen so I want to move to canada. My question is if I get marry in India & apply for a canadian family visa in USA based on my marrige in india then will I face an legal problem or we can apply.

[jas09]

Hi,
Thanks for the reply, I am not intrested to stay in USA as my partner is canadian citizen so I want to move to canada. My question is if I get marry in India & apply for a canadian family visa in USA based on my marrige in india then will I face an legal problem or we can apply.

[lawanwadee]

There is NO Canadian family visa for USA. Though Canadians can enter US on visa waiver program, but they cannot stay in US forever without proper visas.

Here's your situation:
If you are on H-1, she can apply for H-4.
If you are on L-1, she can apply for L-2.
If you are on J-1, she can apply for J-2.

If you want to move to Canada, contact Canadian Immigration, nothing to do with US immigration.