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Canadian and US Permanent Resident Getting Married

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  • Canadian and US Permanent Resident Getting Married

    Hello All...I need your help in this. Here is the background. My girlfriend is Canadian, I am a greencard holder, eligible to apply for my citizenship in late September. My girlfriend is a CPA and CA (chartered accountant) in Canada, and works for a private company and has a good job. We'd like to get married soon, and have her move to the states to live and work. We are Indian, so we have some cultural boundaries that we cannot cross, but for the most part our parents are pretty flexible. Here is an option we are considering:

    Consular Processing
    • She and I get a civil marriage in two weeks. (Canada, Vegas, etc.)
    • I files an I130 for her based on my green card soon after the legal marriage.
    • She continues to work and live in Vancouver. She visits me on a bi-weekly bases, as she is doing now.
    • In September I applies for his citizenship.
    • She and I have a traditional Hindu wedding in December/January.
    • I become a citizen in January.
    • We changes her petition for I130 from green card based to immediate family based.
    • She will get an interview in Montreal before an immigrant visa is granted.
    • Immigrant visa is granted and She can come to the USA on a green card.

    Pros:
    o No or very little risk.
    o She continues to live and work in Vancouver.
    o We can have a traditional wedding in Vancouver, at the family’s convenience.
    Cons:
    o Timeline is longer than we anticipated.
    o Getting married in a month, she runs the risk of being hassled/questioned at the border every time she crosses.
    Risk/Questions:
    o Can we “spontaneously” get married in Vegas? She and I can go to Vegas on vacation and decide to get married. Technically she is not allowed to just come on her Canadian passport for the purpose of getting married. But if we plan on just going for a vacation, and we decide to just get married, does this create an issue? Should we consider getting court marriage in Canada?
    o She will be crossing the border regularly as she does now. But the issue now is that she is legally married to me. How much risk/hassle is that? She will continue to live and work in Vancouver, with absolutely no intent overstay. She will visit me and spend her weekends, holidays, etc. with me. To mitigate this risk, she will have a file with her job letter, current bank statements, car lease papers, recent mails to her address, etc. to prove she is going back. Also, we can have a letter from an attorney that states that She is a Canadian citizen, married to a US permanent resident/citizen. She is coming to Seattle to visit and stay with her husband for few days. She has no intent to overstay since she is in consular processing. Will this help and reduce the risk of her being hassled.
     She has a nexus card.
     What are some scenarios that can happen?
    • If they tell her she can’t entry, is that for just that one time or forever? Will they red flag her? Etc.

    Thoughts on this?

    Thanks,

    AV

  • #2
    Can anyone explain the process of filing an I130 for a Canadian spouse while being a green card holder, then obtaining citizenship and then changing the category to immediate relative? just trying to sort out a timeline and process.

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