American embassy or consulate

[pushbrk 14,362]

Yes, you can talk to a qualified immigration attorney if you wish, however we're telling you that if she had no intent to marry and stay during this visit, and your proposal to her after her arrival kind of suggests this, and if she can stay until all the paperwork is done before heading back to Canada (because she won't be able to leave the country until she does....) then just get married, and fill in the paperwork for AOS, see guides above. Or head over to the Adjustment of Status forum for other information. This is a self-help site, and your questions are answered by people who are or have done this before.

Just remember, that she won't be allowed back into Canada, for several months after marriage. She'll have to manage her affairs up there, via the internet and mail.

If she does decide to head back to Canada, she'll have to do this before her 180 days are up now. She'll have to go for an interview in Canada, after having her medical done in Canada etc. She can visit while the process is on-going, and in fact you could send in the package now if you wish, but no, she can't just stay and wait with you while all her application is in process.

The bold above is not correct. Citizens of Canada are always allowed back into Canada. The problem is if she leaves the US, she won't be allowed back in the USA without advance parole or a green card.

Edited March 12, 2010 by pushbrk