Jump to content
bigbuns1291

Marriage-Based Green Card Application (Canadian citizen marrying US citizen)

31 posts in this topic

Recommended Posts

Hello everyone,

I apologize if this question has been answered before, or if I have posted in the wrong place but I am relatively new to this forum.

My girlfriend of 2 years and I are planning to get married in the summer (yay!) in Michigan, USA. I'm a Canadian citizen by birth and frequently visit her in USA over the summer and during breaks (I am studying in Med School).

 

I have one semester left to complete in Canada after our wedding this summer and I am not sure if I could apply for the green card in USA and then leave the country to come back and finish up my schooling in Canada.

 

So I'm wondering if it is possible to apply for the green card from Canada (after we get married in the States), . If yes, are there any drawbacks compared to if I had applied for it after I completed my education and came to the sates?

 

Thank you!!

 

Share this post


Link to post
Share on other sites
5 minutes ago, bigbuns1291 said:

Hello everyone,

I apologize if this question has been answered before, or if I have posted in the wrong place but I am relatively new to this forum.

My girlfriend of 2 years and I are planning to get married in the summer (yay!) in Michigan, USA. I'm a Canadian citizen by birth and frequently visit her in USA over the summer and during breaks (I am studying in Med School).

 

I have one semester left to complete in Canada after our wedding this summer and I am not sure if I could apply for the green card in USA and then leave the country to come back and finish up my schooling in Canada.

 

So I'm wondering if it is possible to apply for the green card from Canada (after we get married in the States), . If yes, are there any drawbacks compared to if I had applied for it after I completed my education and came to the sates?

 

Thank you!!

 

You can marry wherever and then apply for the CR1 visa. You have to wait out this process in Canada until the visa is granted, what's about 12-14 months currently (you can visit the US in the meantime, just not live here) This way, once you get the visa, you get your 2 year green card the moment you set foot in the US. (after paying the fees etc)

Share this post


Link to post
Share on other sites
Posted (edited)
1 hour ago, bigbuns1291 said:

Hello everyone,

I apologize if this question has been answered before, or if I have posted in the wrong place but I am relatively new to this forum.

My girlfriend of 2 years and I are planning to get married in the summer (yay!) in Michigan, USA. I'm a Canadian citizen by birth and frequently visit her in USA over the summer and during breaks (I am studying in Med School).

 

I have one semester left to complete in Canada after our wedding this summer and I am not sure if I could apply for the green card in USA and then leave the country to come back and finish up my schooling in Canada.

 

So I'm wondering if it is possible to apply for the green card from Canada (after we get married in the States), . If yes, are there any drawbacks compared to if I had applied for it after I completed my education and came to the sates?

 

Thank you!!

 

Please only ONE post per question not multiple posts in multiple forums with the same question. You can get married in the USA and then go back to finish school. You wife would have to file for a CR1 visa for you since coming in just to adjust status will lead you to get denied. 

 

Also I know you asked the same question on Reddit as well which is ok for basic questions but they aren't good for really in depth stuff. 

Edited by Cyberfx1024

Share this post


Link to post
Share on other sites

*** Four (4) other threads of the same topic from the OP deleted. Please make only one thread per topic on the form. Continuing to make duplicate posts of the same topic will result in administrative action. 

 

Thank you,

VisaJourney Moderation


“When starting an immigration journey, the best advice is to understand that sacrifices have to be made; whether it is time, money, or separation or a combination of any or all.” - NuestraUnion

Share this post


Link to post
Share on other sites
3 hours ago, bigbuns1291 said:

So I'm wondering if it is possible to apply for the green card from Canada (after we get married in the States), . If yes, are there any drawbacks compared to if I had applied for it after I completed my education and came to the sates?

Yes, after marriage, you wife has to start the CR1 process with the I-130 petition. Once that's approved, it'll be forward to the NVC and to the Consulate in Montreal. You will have to attend an interview in Montreal and get an immigrant visa. The whole thing is 12-15 months. 

Share this post


Link to post
Share on other sites

The drawback of waiting is that you will be spending even more time in Canada after completing your studies.


“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

Share this post


Link to post
Share on other sites

Thank you everyone very much for all of your suggestions! I apologize on for posting on multiple threads.

 

I do have a follow up question: My school also allows me to complete some rotations in the states (i.e. I could get a student visa to study in the states for the few weeks/month after marriage as well).

 

With that said, would you recommend I only begin the application process once I return to Canada, or would it be acceptable to apply for it while I have the student visa in America? With the later option, I'm also wondering if I'd be able to return to Canada in order to complete the remaining rotations.

 

Thank you once again!

Share this post


Link to post
Share on other sites

You can start it whenever you want, will take a long time to get an immigrant visa. How long do you need to be in Canada.


“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

Share this post


Link to post
Share on other sites
2 minutes ago, Boiler said:

You can start it whenever you want, will take a long time to get an immigrant visa. How long do you need to be in Canada.

Maybe 2 months, just depends on the schedule my school provides.

Share this post


Link to post
Share on other sites
2 hours ago, bigbuns1291 said:

Thank you everyone very much for all of your suggestions! I apologize on for posting on multiple threads.

 

I do have a follow up question: My school also allows me to complete some rotations in the states (i.e. I could get a student visa to study in the states for the few weeks/month after marriage as well).

 

With that said, would you recommend I only begin the application process once I return to Canada, or would it be acceptable to apply for it while I have the student visa in America? With the later option, I'm also wondering if I'd be able to return to Canada in order to complete the remaining rotations.

 

Thank you once again!

If already married to a US Citizen, the chances of obtaining a student visa are slim and none.  I suggest you do some study and reading, THEN come back and ask remaining questions.  It's an immigration process.  It will not be easy, or convenient. Your individual needs and desires will NOT be considered by anybody but YOU.

 

Chances are you will be "visiting" and/or your spouse will, for 12 to 14 months after you start the process.


Facts are cheap...knowing how to use them is precious...
Understanding the big picture is priceless. Anonymous

Google Who is Pushbrk?

A Warning to Green Card Holders About Voting

http://www.visajourney.com/forums/topic/606646-a-warning-to-green-card-holders-about-voting/

Share this post


Link to post
Share on other sites

Keep in mind, your wife living in the US will be the one filing a petition for the visa on your behalf with the I-130 and I-130a technically, you won't be "applying" for anything yet. Once you get to the NVC phase after her petition for you is approved, then you will apply for the visa online with the DS-260.


Our CR1 Journey So Far:
 

USCIS Stage:

  • Feb 8 2019: Sent package
  • Feb 14 2019: Delivered
  • Feb 21 2019: NOA1 (PD Feb 14, 2019)
  • Assigned to Nebraska Service Center (yay... 🙄)
  • Waiting for: NOA2

Share this post


Link to post
Share on other sites
36 minutes ago, LilyJohansen said:

Keep in mind, your wife living in the US will be the one filing a petition for the visa on your behalf with the I-130 and I-130a technically, you won't be "applying" for anything yet. Once you get to the NVC phase after her petition for you is approved, then you will apply for the visa online with the DS-260.

Correct and in visa case, as this will be, you will NEVER "apply for a green card".  It comes in the mail a few weeks after you "immigrate" using a the CR1 (Immigrant) visa.


Facts are cheap...knowing how to use them is precious...
Understanding the big picture is priceless. Anonymous

Google Who is Pushbrk?

A Warning to Green Card Holders About Voting

http://www.visajourney.com/forums/topic/606646-a-warning-to-green-card-holders-about-voting/

Share this post


Link to post
Share on other sites
Posted (edited)
9 hours ago, LilyJohansen said:

Keep in mind, your wife living in the US will be the one filing a petition for the visa on your behalf with the I-130 and I-130a technically, you won't be "applying" for anything yet. Once you get to the NVC phase after her petition for you is approved, then you will apply for the visa online with the DS-260.

Thank you all very much for your responses! I'm sorry if I sound ignorant. This process is just a lot more complicated than I expected being a Canadian.

 

So from what my fiance and and I discussed, it would be best for us to get married first and then apply using the CR1.

 

I do have a few questions I'm hoping you can answer as the info I've found is sometimes contradictory.

 

1. If I marry her in the states without the K1, and then apply for the CR1 is it considered illegal? I plan on marrying her and coming back by car to Canada within the 6 months grace period that we are allowed as Canadian Citizens. So either while I am there, or once I return, she would file the CR1 paperwork.

 

2. Am i allowed to reenter and exit USA once she submits the CR1 application?

 

3. What would show that our relationship in considered bona fide exactly? We live in separate countries so we don't have a joint bank account or home ownership. She did mention that she can put me on the apartment lease since I see every holiday, and we could open up a joint bank account. I'm not sure if these would be helpful or what else we could do.

 

Thank you once again :)

Edited by bigbuns1291

Share this post


Link to post
Share on other sites
16 minutes ago, bigbuns1291 said:

Thank you all very much for your responses! I'm sorry if I sound ignorant. This process is just a lot more complicated than I expected being a Canadian.

 

So from what my fiance and and I discussed, it would be best for us to get married first and then apply using the CR1.

 

I do have a few questions I'm hoping you can answer as the info I've found is sometimes contradictory.

 

1. If I marry her in the states without the K1, and then apply for the CR1 is it considered illegal? I plan on marrying her and coming back by car to Canada within the 6 months grace period that we are allowed as Canadian Citizens. So either while I am there, or once I return, she would file the CR1 paperwork.

 

2. Am i allowed to reenter and exit USA once she submits the CR1 application?

 

3. What would show that our relationship in considered bona fide exactly? We live in separate countries so we don't have a joint bank account or home ownership. She did mention that she can put me on the apartment lease since I see every holiday, and we could open up a joint bank account. I'm not sure if these would be helpful or what else we could do.

 

Thank you once again :)

1) No, it is not illegal. It would be illegal if you came and got married without a K1 with the intent to stay. It is not illegal to come and get married and then go back to your country. Many people do this, don’t worry.

2) Yes, you are allowed to visit, however expect questioning from border patrol and maybe bring a letter from an employer or other type of evidence to show you have intent of going back to Canada, just in case.

3) A lease and a joint bank account work for bona fides. A good idea is to also show proof of lots of time spent together. Plane tickets, passport stamps, pictures, wedding pictures, etc. You can also include some wedding receipts if you like. They understand that most people have not lived together and don’t have some of the things other couples may have especially if they have been married a short amount of time, so proof of time together is 100% acceptable, and the lease and joint account will help as well. You are also coming from a low fraud country, so don’t sweat it too much. Give what you have and what you’re able to get and you will be okay.


Our CR1 Journey So Far:
 

USCIS Stage:

  • Feb 8 2019: Sent package
  • Feb 14 2019: Delivered
  • Feb 21 2019: NOA1 (PD Feb 14, 2019)
  • Assigned to Nebraska Service Center (yay... 🙄)
  • Waiting for: NOA2

Share this post


Link to post
Share on other sites
On 4/2/2019 at 1:24 PM, LilyJohansen said:

1) No, it is not illegal. It would be illegal if you came and got married without a K1 with the intent to stay. It is not illegal to come and get married and then go back to your country. Many people do this, don’t worry.

2) Yes, you are allowed to visit, however expect questioning from border patrol and maybe bring a letter from an employer or other type of evidence to show you have intent of going back to Canada, just in case.

3) A lease and a joint bank account work for bona fides. A good idea is to also show proof of lots of time spent together. Plane tickets, passport stamps, pictures, wedding pictures, etc. You can also include some wedding receipts if you like. They understand that most people have not lived together and don’t have some of the things other couples may have especially if they have been married a short amount of time, so proof of time together is 100% acceptable, and the lease and joint account will help as well. You are also coming from a low fraud country, so don’t sweat it too much. Give what you have and what you’re able to get and you will be okay.

Thank you very much for replying!

I have a few more question if you don't mind:

 

1. Once I get to the NVC/Consulate General in Montreal phase, I am wondering if I need to give them my passport? If so, how long does it take to get my passport back?

 

2. If I happen to be traveling outside of Canada at the time of the NVC/Consulate General in Montreal phase, am I able to use the Consulate services in other countries or do i have to fly back to Canada and complete the process in Montreal, since I am a Canadian Citizen?

 

Thank you very much again for your help, you are making this process a little less terrifying than it was earlier this week :)

Share this post


Link to post
Share on other sites
 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
- Back to Top -


Important Disclaimer: Please read carefully the Visajourney.com Terms of Service. If you do not agree to the Terms of Service you should not access or view any page (including this page) on VisaJourney.com. Answers and comments provided on Visajourney.com Forums are general information, and are not intended to substitute for informed professional medical, psychiatric, psychological, tax, legal, investment, accounting, or other professional advice. Visajourney.com does not endorse, and expressly disclaims liability for any product, manufacturer, distributor, service or service provider mentioned or any opinion expressed in answers or comments. VisaJourney.com does not condone immigration fraud in any way, shape or manner. VisaJourney.com recommends that if any member or user knows directly of someone involved in fraudulent or illegal activity, that they report such activity directly to the Department of Homeland Security, Immigration and Customs Enforcement. You can contact ICE via email at Immigration.Reply@dhs.gov or you can telephone ICE at 1-866-347-2423. All reported threads/posts containing reference to immigration fraud or illegal activities will be removed from this board. If you feel that you have found inappropriate content, please let us know by contacting us here with a url link to that content. Thank you.
×