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    If a green card holder marries a canadian citizen who is studying legally in the usa what is the procedure to adopt for the spouse to continue to live and work in usa without going back to canada

  • #2
    If a green card holder marries a canadian citizen who is studying legally in the usa what is the procedure to adopt for the spouse to continue to live and work in usa without going back to canada


    • #3
      I thought I would get some information regarding my above question but so far no luck. I am however still confident of receiving helpful replies and keeping my fingers crossed as I am sure there must be lots of folks in the forum who know how the marriage of a green card holder to a Canadian who is here legally on a student visa should be processed with the minimum of hassle. The green card holder prospective spouse would be eligible to apply for citizenship in july 2007


      • #4
        Adopt the spouse? What? File I-130 to petition for wife and I-485 to adjust her status as immediate relative.


        • #5
          NJ Adopt the spouse? How is this done, under what relationship will it be done and how will someone introduce the adopted person -----meet Mr., Ms, this is my adopted----(what relationship )---and I have done the adoption in order to marry him/her.


          • #6
            Traveller, NJ was referring to your first post
            "what is the procedure to adopt for the spouse to continue..."

            Spouses of green card holders are not considered immediate relatives for immigration purposes. GC holder files I-130 and waits and waits.. in meantime the alien spouse has to either maintain status on his/her own or leave.

            When GC holder becomes USC, he/she should upgrade the petition (by informing USCIS about the change), and the spouse will become eligable to adjust status.


            • #7
              Minimum hassle? Probaly the alien spouse maintains student status until GC holder becomes USC.


              • #8
                Thanks Aneri. To be very specific the advantage of my daughters marriage to her GC holder alien spouse would be that full medical coverage would be available to her through the employer of her GC holder hubby but, as she is on a student visa from Canada
                1. would my daughter be able to trave freely from/to the USA afer her marriage to visit brother/sister and other relatives in Canada.
                2. any estimate as to how long it would take for her to get permission to work in USA or would this permission be available at all?
                3. would it be legal to marry and maintain her student status as far as USCIS is concerned and not to file any USCIS forms and not let the INS know that she is married.
                4. but only for her husband to let his employer know of the marriage so he can take advantage of tax from IRS


                • #9
                  You have some very good questions.

                  I haven't done much research on this, so I can only give you my opinion.

                  Let's say you daughter marries now and waits to file for GC until her husband becomes an US citizen. As I see it, she wan't be seeking any benefits from USCIS based on marriage (for now), so she doesn't need to report the change of her marital status to the USCIS ( qustion 3 & 4).
                  Q 2. in the above scenario (not seeking benefits), she cannot get employment authorisation document (EAD) based on marriage. Even if her husband files I-130 for her now, she wouldn't be eligible for EAD until her immigration number becoms current and she files for adjustment of status (in about 4 years). There are options available to her of getting EAD based on student visa.
                  Q 1. Has she been traveling out of the US so far? Was she asked questions upon return? If I were her, I would keep school transcript and other proofs that I am enrolled in school, as I am suppose to be, handy if asked at border crossing. I wouldn't mentioned that I married unless asked.

                  You daughter should ask her student advisor how, if in any way, a marrige to LPR would effect her status.

                  Student visa is nonimmigrant one, and a marriage to LPR or USC, shows immigrant intent. But, there are many people on student visas in the US on whose behalfs immigrant visas petitions have been filed (which wouldn't be the case in your daughters situation if they deacide to wait with it).

                  There are a few people on this board that went from student visa to GC. I hope you get their opinion as well. Maybe with a new post: marrying LPR, keeping student status

                  It is nice of you to look after your daughters best interest in this situation.

                  Good luck


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