Marrying Girlfriend, need more info.

[Sofa 0]

So I am a Canadian Citizen, 24 years of age. And in two months I'm looking to visit the US for 3-6 months to see my Girlfriend. Before I do our original plan was to get married in the US while I visit, have me return to Canada and work until our application process for me to permanently live in the US is accepted. Then move back down and take care of her father because he has Parkinsons, until I am able to get a job. Basically helping support her by taking care of her father while she tries to make her way up the ladder at work.

My questions are

Is there a better way to do this?

What is my true maximum stay in the US?

Who would you guys suggest I talk to about forms / cost?

What is the length of wait for a Canadian citizen, I've heard conflicting reports from 1 year to several?

And finally what do I have to personally do? I'm pretty scared over some of the horror stories and I don't want to #### this up.

[soon2batexan 3]

Going the K-1 visa route is one route. My Fiance and I did, and I got my visa in just under 4 months (which is quicker than is usually anticipated). Canadians can stay for a max of 6 months, and I believe they can apply for a 6 month extension. What the USCIS folks will want you to prove is that you're not trying to establish de facto residence in the US by going this route.

The other option is for you to enter the US as a visitor (with the intention of being a visitor, meaning you don't dissolve all ties to Canada, or at least don't appear to be doing so) and then apply to adjust your status to that of a permanent resident. B-2 visitors can do this...some would argue it's a slightly riskier route, but it can be done. Again, as long as Customs/USCIS believes that your intentions upon entering the US are to pursue the visa class you are requesting entry on, you'll still maintain legal status. If your intention upon entering is to visit your girlfriend, and while there you decide to marry and apply to become a permanent resident, then yes, you can do that. Without knowing all the ins and outs of your situation (ie whether you've been married before, have children, any criminal history, etc) I can't get too specific. But hopefully that's a start. If you're planning on going for a length of 3+ months, the CBP may want proof, such as a bank statement, that you have funds to support yourself while in the country.

[amykathleen2005 441]

Going the K-1 visa route is one route. My Fiance and I did, and I got my visa in just under 4 months (which is quicker than is usually anticipated). Canadians can stay for a max of 6 months, and I believe they can apply for a 6 month extension. What the USCIS folks will want you to prove is that you're not trying to establish de facto residence in the US by going this route.

The other option is for you to enter the US as a visitor (with the intention of being a visitor, meaning you don't dissolve all ties to Canada, or at least don't appear to be doing so) and then apply to adjust your status to that of a permanent resident. B-2 visitors can do this...some would argue it's a slightly riskier route, but it can be done. Again, as long as Customs/USCIS believes that your intentions upon entering the US are to pursue the visa class you are requesting entry on, you'll still maintain legal status. If your intention upon entering is to visit your girlfriend, and while there you decide to marry and apply to become a permanent resident, then yes, you can do that. Without knowing all the ins and outs of your situation (ie whether you've been married before, have children, any criminal history, etc) I can't get too specific. But hopefully that's a start. If you're planning on going for a length of 3+ months, the CBP may want proof, such as a bank statement, that you have funds to support yourself while in the country.

Option 2 that you gave is visa fraud because he already intends to get married and stay in the US. Coming in on a visitor visa and then adjusting status with this intention is illegal.

Go for the K-1, it will do exactly what you wanted. You can come, get married and stay all perfectly legally.

[kennym 275]

Forget the advise given by soon2batexan... his advise, although well intentioned, could result in you violating immigration law...

You can either go the K-1 Route, which is to apply for a fiancee visa, or go the the Spousal Visa Route.. Either way you need to make sure you can have significant evidense that you are not attempting these visa's to circumvent immigration laws. In addition, (I beleive) if you can show significant ties back to Canada, you should still be able to visit your S/O while you wait for the visa...

Take care, and good luck...

[Sofa 0]

Ya I was just talking it over, finally wormed my way around the site which I probably should have done prior to posting . And I found a lot of information relevant to my situation.

I plan to visit the US to help my GF with her father for my maximum allowed stay, get the paperwork and information ready for a K-1, file it and wait out my Visa in Canada where I have a guaranteed job. Once my visa is approved I'll head back to the US to marry and adjust status.

The reason I want to visit then return and file is that we've been apart for almost a year now and really it's horrible being apart for so long.

I appreciate the quick answers as well. Very nice to have found a site that actually has the information I've been seeking for a long time.