Dominic

Thanks for all your replies.

Is the information posted on that website wrong, in particular that "Canadian Visitors do NOT need to show proof of entry (visa or visa waiver)"?

http://www.nriol.com/immigration/usa-greencard-marriage.asp

Applying through Adjustment of Status with the USCIS.

Hello, first time posting, please help me with the following situation:

My fiance is a Canadian citizen, we want to get married this summer, is it possible to get married in the US and immediately apply for a status change and have her stay here with me and not return to Canada?

Here is what makes it complicated:

1) She is still waiting on her final divorce papers from the state thus I believe eliminating the possibility of a K1 application as you need that to apply. The judgement should come around May.

2) She is pregnant and I want her here ASAP.

3) She has a child from a previous marriage who would have to start school in August.

4) She is getting ready to sell her home, etc, in Canada.

If we get married in the US, would she be able to stay with me until she is approved?

What is the best route we should take?

Here is what I found from another website, please let me know if this is accurate:

http://www.nriol.com/immigration/usa-greencard-marriage.asp

Applying through Adjustment of Status with the USCIS.

Who Qualifies:

Any U.S. Citizen in the United States with a Foreign National Spouse who entered the U.S. legally.

Note to U.S. Citizens:

If your foreign national spouse entered the U.S. illegally (without a visa or visa waiver), you should wait to apply for adjustment of status when Sec 245(i) is extended. Check back here periodically for updates. Canadian Visitors do NOT need to show proof of entry (visa or visa waiver).

An Overview of the Process:

Once the marriage has taken place, the couple files the following with the Immigration and Naturalization Service (USCIS):

Petition for Alien Relative (USCIS Form I-130)

Application to Register Permanent Residence (USCIS Form I-485)

Biographic Information (USCIS Form G-325A)

Affidavit of Support (USCIS Form I-864)

Permission for Work Authorization (Optional) (USCIS Form I-765)

Medical Examination Results (USCIS Form I-693)

Request for Travel Documents (Optional) (USCIS Form I-131)

The appropriate supporting documents

The appropriate filing fees

The USCIS will contact you first regarding work authorization and permission to travel. The processing times vary from state to state. Some states will process them the same day, others can take up to 90 days.

The USCIS will contact you next to schedule an interview. This will be anywhere from 6 months to 18 months after filing the initial application.

Following a successful interview, the alien spouse will receive a stamp classifying him/her as a Conditional Permanent Resident.

The Conditional Status may be dropped by applying for Removal of Conditional Status within 90 days of the 2 year anniversary of the granting of Conditional Permanent Residency.

Hello, first time posting, please help me with the following situation:

My fiance is a Canadian citizen, we want to get married this summer, is it possible to get married in the US and immediately apply for a status change and have her stay here with me and not return to Canada?

Here is what makes it complicated:

1) She is still waiting on her final divorce papers from the state thus I believe eliminating the possibility of a K1 application as you need that to apply. The judgement should come around May.

2) She is pregnant and I want her here ASAP.

3) She has a child from a previous marriage who would have to start school in August.

4) She is getting ready to sell her home, etc, in Canada.

If we get married in the US, would she be able to stay with me until she is approved?

What is the best route we should take?

Here is what I found from another website, please let me know if this is accurate:

http://www.nriol.com/immigration/usa-greencard-marriage.asp

Applying through Adjustment of Status with the USCIS.

Who Qualifies:

Any U.S. Citizen in the United States with a Foreign National Spouse who entered the U.S. legally.

Note to U.S. Citizens:

If your foreign national spouse entered the U.S. illegally (without a visa or visa waiver), you should wait to apply for adjustment of status when Sec 245(i) is extended. Check back here periodically for updates. Canadian Visitors do NOT need to show proof of entry (visa or visa waiver).

An Overview of the Process:

Once the marriage has taken place, the couple files the following with the Immigration and Naturalization Service (USCIS):

Petition for Alien Relative (USCIS Form I-130)

Application to Register Permanent Residence (USCIS Form I-485)

Biographic Information (USCIS Form G-325A)

Affidavit of Support (USCIS Form I-864)

Permission for Work Authorization (Optional) (USCIS Form I-765)

Medical Examination Results (USCIS Form I-693)

Request for Travel Documents (Optional) (USCIS Form I-131)

The appropriate supporting documents

The appropriate filing fees

The USCIS will contact you first regarding work authorization and permission to travel. The processing times vary from state to state. Some states will process them the same day, others can take up to 90 days.

The USCIS will contact you next to schedule an interview. This will be anywhere from 6 months to 18 months after filing the initial application.

Following a successful interview, the alien spouse will receive a stamp classifying him/her as a Conditional Permanent Resident.

The Conditional Status may be dropped by applying for Removal of Conditional Status within 90 days of the 2 year anniversary of the granting of Conditional Permanent Residency.