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US Green Card Holder Marrying a Canadian Citizen

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  • US Green Card Holder Marrying a Canadian Citizen

    Q1. I am a US green card holder, my bf is a canadian citizen and lives and work in Canada. Is it better to marry him in Canada, then file I-130, or to bring him to US (Canadians can visit US for 6 months) than marry him and file I-130?

    Q2. If I marry him wile he is visiting US, and I file I-130, does he need to leave US after 6 months? Can he travel to Canada and back to US while I-130 is pending?

    Q3. Can canadian citizens stay only for 6 months per trip to the US or per year?

    Thanks.

  • #2
    Q1. I am a US green card holder, my bf is a canadian citizen and lives and work in Canada. Is it better to marry him in Canada, then file I-130, or to bring him to US (Canadians can visit US for 6 months) than marry him and file I-130?

    Q2. If I marry him wile he is visiting US, and I file I-130, does he need to leave US after 6 months? Can he travel to Canada and back to US while I-130 is pending?

    Q3. Can canadian citizens stay only for 6 months per trip to the US or per year?

    Thanks.

    Comment


    • #3
      The fastest way is to file a I-129 and marry once you bf is here. If he were to come on a vistor visa and marry it may look like fraud to the govt. Best to do it the right way.
      ********************************************
      I am not a lawyer! I don't give legal advice! I just state my opinion!

      Comment


      • #4
        1. A I-129 is a petition for non-immigrant worker, so I-129 does not fit in my situation.
        2. Canadians do not visit US on visit visa.

        Comment


        • #5
          But the I-129F/K-1 visa route would only apply if the petitioning spouse is a USC, the OP is not, she's an LPR.

          Q1/A: Because you're an LPR it's yet immaterial if you'll get married here or there, and file the I-130 afterwards.

          Q2/A: Filing of the I-130 doesn't give him any immigration status, so staying put would mean that he would accrue an unauthorized stay. But it doesn't render him ineligible for a visa-free reentry either.

          Q3/A: That's per trip, but of course, it's all up to the discretion of the border officials because any hint of abuse may mean refusal.

          Comment


          • #6
            LoveThyNeighbour was referring to I-29F which is a fiancé visa. But since you're not a citizen, it doesn't apply to you anyway (missed that before).

            He can travel with the process pending, but they will look at him a little harder at the border. He should take evidence with him that he still has strong ties to Canada (proof of ongoing employment, utility bills, lease etc).

            The 6 months is per calendar year from the information I've gleaned.
            **************************************
            The whole of life is but a moment of time. It is our duty, therefore to use it, not to misuse it - Plutarch

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