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All other Green Card Issues I-140/I-485, Family Based Green Card

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  #1 (permalink)  
Old 01-08-2013, 10:17 AM
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CanUS is on a distinguished road
Question Which way to Migrate?

Trying to sort out the proper way to do this with the lease amount of time forced apart. Future Fiancť/Wife resides in Canada and Iím State side.

Our goal is to have her work state side in the education field while she pursues her Master Program here and for us to get married and start a family.

What I think I grasp is this

IF we ďjustĒ get married state side she canít, a) go back to Canada for a year b) find employment for a year or longer without a green card. And it seems your penalized for doing so without jumping through a bunch of hopes beforehand. Fair enough

I understand itís easier to get married in Canada (less paper work and process) but then you still have to wait a year or longer before your spouse can move from Canada to the US.

She canít come here on work sponsored Visa or Education Visa then get married (and we donít want to be fraudulent about that) but can she come on a work Visa and then file for citizenship? If so does that mean we would not be able to get married or start a family until she obtains her green card? Also what happens during that time if she becames pregnant?
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  #2 (permalink)  
Old 01-09-2013, 11:29 AM
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shouldIwait has a reputation beyond repute shouldIwait has a reputation beyond repute shouldIwait has a reputation beyond repute shouldIwait has a reputation beyond repute shouldIwait has a reputation beyond repute shouldIwait has a reputation beyond repute shouldIwait has a reputation beyond repute shouldIwait has a reputation beyond repute shouldIwait has a reputation beyond repute shouldIwait has a reputation beyond repute shouldIwait has a reputation beyond repute
Default Confusing !

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Originally Posted by CanUS View Post
Trying to sort out the proper way to do this with the lease amount of time forced apart. Future Fiancť/Wife resides in Canada and Iím State side.

Our goal is to have her work state side in the education field while she pursues her Master Program here and for us to get married and start a family.

What I think I grasp is this

IF we ďjustĒ get married state side she canít, a) go back to Canada for a year b) find employment for a year or longer without a green card. And it seems your penalized for doing so without jumping through a bunch of hopes beforehand. Fair enough

I understand itís easier to get married in Canada (less paper work and process) but then you still have to wait a year or longer before your spouse can move from Canada to the US.

She canít come here on work sponsored Visa or Education Visa then get married (and we donít want to be fraudulent about that) but can she come on a work Visa and then file for citizenship? If so does that mean we would not be able to get married or start a family until she obtains her green card? Also what happens during that time if she becames pregnant?
There are a lot of unanswered questions in your post but a few things that I can tell without needing more detail.

Your would-be Fiance/Spouse would most likely enter US on Fiance/Spouse visa i.e. K1/K3. K3 visa(Marriage in Canada) is for 2 years and multiple-entry. So there is absolutely NO reason that she cannot go back to Canada for 1 year. Also, there is no restriction on when you guys can get married and apply for her Green Card etc as long as it's within 2 years (visa validity period). If she enters on Fiance visa (K1) it's single entry and only for 90 days, within which you need to get married and apply for Green Card (GC) for her to stay longer than 90 days. With your GC application you can also request for "Advance Parole" which takes about 60 days to process and will let her travel abroad even when GC application is pending.

With regard to work both K1/K3 would allow her to work. Also with her GC application you can apply for Employment Authorization which again takes about 60 days to process and will allow her to work after 90 days of Fiance Visa have expired.

Aside from all of this if you decide to get married in Canada the only wait time is for her to obtain Marriage visa. I don't know how long it'll take but it cannot be more than 4-5 months.

Post back if you have further questions.
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  #3 (permalink)  
Old 01-09-2013, 11:41 AM
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shouldIwait has a reputation beyond repute shouldIwait has a reputation beyond repute shouldIwait has a reputation beyond repute shouldIwait has a reputation beyond repute shouldIwait has a reputation beyond repute shouldIwait has a reputation beyond repute shouldIwait has a reputation beyond repute shouldIwait has a reputation beyond repute shouldIwait has a reputation beyond repute shouldIwait has a reputation beyond repute shouldIwait has a reputation beyond repute
Default

Also note that she can file for citizenship at the earliest 3 years after obtaining Green Card in her hand. But citizenship delay isn't of much consequence except for voting rights.
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  #4 (permalink)  
Old 01-09-2013, 09:38 PM
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