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Canada To America/Marriage/reffugee Question?

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  • Canada To America/Marriage/reffugee Question?

    Ok I have sent emails off to a few places, and am waiting for 5 o clock when I can talk to the lawyer in the chat, but If any one could help it would be much appreciated.

    I have been talking to a girl for 2 years and 5 months, she currently Lives in Canada, her family moved there and are currently in the application for reffugee status.
    She was born in peru, and is a Legal Chilean Citizen, Basically I'm going up there to marry her. Will we have any trouble at the border, even though we are married?
    She has lived in Canada for the past 4 and a half years, has worked there and went to school there. Her visa has expired and so has her Passport. We are still able to get married up there, but the worry is that she wont be allowed into america when I return.

    I talked to a paralegal who was very rude *not part of this site* whom said she would not be allowed to enter, That we had 2 choices, either she came to america under the asumption she was visiting, then we waited 30 days and got married down here, that we would be able to adjust her status here after that. *she cant enter the US, even visiting, because her immigrant visa expired and so did her passport*

    Or that I go to canada as planed, marry her, then I become her sponser to get her a Visa at the US consulate in Toronto.
    any information and answers to questions would be much appreciated.
    *mind my spelling*
    Thanks in advance,
    William Baker

  • #2
    Ok I have sent emails off to a few places, and am waiting for 5 o clock when I can talk to the lawyer in the chat, but If any one could help it would be much appreciated.

    I have been talking to a girl for 2 years and 5 months, she currently Lives in Canada, her family moved there and are currently in the application for reffugee status.
    She was born in peru, and is a Legal Chilean Citizen, Basically I'm going up there to marry her. Will we have any trouble at the border, even though we are married?
    She has lived in Canada for the past 4 and a half years, has worked there and went to school there. Her visa has expired and so has her Passport. We are still able to get married up there, but the worry is that she wont be allowed into america when I return.

    I talked to a paralegal who was very rude *not part of this site* whom said she would not be allowed to enter, That we had 2 choices, either she came to america under the asumption she was visiting, then we waited 30 days and got married down here, that we would be able to adjust her status here after that. *she cant enter the US, even visiting, because her immigrant visa expired and so did her passport*

    Or that I go to canada as planed, marry her, then I become her sponser to get her a Visa at the US consulate in Toronto.
    any information and answers to questions would be much appreciated.
    *mind my spelling*
    Thanks in advance,
    William Baker

    Comment


    • #3
      just trying to bring this up, I really need it answered.

      Comment


      • #4
        I'm ***pin this one last time,basicly its this.

        I am leaving the 8th of dec to go to canada, and marry a girl i've known for 2 years and 4 months. She is a legal citizen of Chile, but her family has lived in Canada for the past 4-5 years, shes had a job, and went to school there, the time they we're there they had applied for refugee status but have been denied and they have appealed many times, well they can't appeal any more, and they are basicly waiting now to get word of when they are to be deported back to there country.

        What do I need to get her a visa? What information and documents will I need to become her sponsor? any information would be much appreciated

        P.S:I am a legal born in america citizen.

        Comment


        • #5
          You would need to apply for a k-1 or a k-3 visa for her. The k-3 is the one for a spouse. K-1 is for fiancee and is often processed faster. She would come here as a fiancee and you would need to marry within 90 days, then file for adjustment of status, etc. For either visa it takes a few months for the paperwork to be processed, then there would be an interview, before she would get the visa. My understanding is that she has to have a passport that is up to date. For her interview to be held in Canada I believe that she'd have to have some sort of legal status in Canada, otherwise they will not do it and paperwork would be sent to her home country for interview to be held there. Not necessarily refugee status or perm. resident status, you need to find out if she qualifies as being "legal" there. Does she have the ID with photo from there? Have they already done the Humanitarian Grounds filing? Here are some links, you need to either get a GOOD immigration attorney and/or read read read. Post more questions after you've read some... Also, the process of marrying in Canada is not so fast as it is here. ( and getting the marriage certificate)

          Canadian marriage info:
          http://www.gov.on.ca/MBS/english/myo...b/married.html

          K-3 visa info (some of these sites have FAQ's and/or forums):
          http://travel.state.gov/visa/immigra...amily3.html#3a
          http://www.visajourney.com/faq/k1faq.htm
          http://britishexpats.com/forum/forum...?s=&forumid=35
          http://www.visajourney.com/forums/
          http://britishexpats.com/forum/forum...?s=&forumid=35
          www.immigrate2us.net
          http://uscis.gov/graphics/howdoi/hdiknonimm.htm

          Affidavit of Support Info:
          http://www.hervisa.com/affsupt.html

          Use forms only from USCIS site as they have correct address and up to date filing fees on them.

          Comment


          • #6
            We would be signing up for a k-3 even though i have no idea what half of the stuff you said means, but she would be my wife when we filed, she has a photo ID from canada, She is there legally, she is simply waiting for them to decide when they are gonna deport her and her family back to chile, Since they have denied her refugee status claim, and the 3 appeals she has made, And can no longer apeal.

            She does qualify as being legal there, I will probly READ READ READ because I dont trust attornies most of the time, Except for my own, and he has no experience with immigration matters, The process to marry is pretty fast it would seem, I've all ready been in contact with the court in brampton,ON and we all ready have it set up to get a marriage license when i get up there, and they said all thats needed is that me and her take the marriage license to the list of people that approve to marry us.

            but thanks for the info. It will help alot.

            Comment

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