Canadian marrying Chinese citizen, but living in the USA

[billchouca]

Sorry if this topic has already been discussed. If so, please kindly point me to the post. Thanks!

I'm a Canadian citizen working in the USA under a H-1B work visa. I'm planning to obtain a Green Card in the near future.

My fiancee is a Chinese citizen who is studying in the USA in a F-1 student visa.

After marriage, we intent to live in the USA.

1) Which of the following would be the easiest route?

a) Get married in the US
b) Get married in Canada
c) Get married in China

2) For (a), does the fact that she is a F-1 student affect things? Specifically, I am referring to my sponsorship of her in my Green Card process, thereby giving her a Green Card.

3) Would holding off the marriage until she is finished with her study be an easier route?


Many thanks in advance for any help!
Bill

[Reba]

If I understand the H visa correctly, once you're married, your spouse is eligible for a derivative H visa (dunno the numbering schemes, sorry). You're probably best off to get her a derivative H visa. If you were to try and sponsor her for a green card after you get yours, then it'll take several years, and once her student visa is expired, she'd have to leave the country, either to China or Canada.

I would suggest you speak with a knowledgeable (key word that) immigration lawyer really to discuss all the options and pros and cons of each. You don't have to hire them, most will give you an hour of their time to consult with you, for a nominal fee.

Also, have a look at the I-130 sponsorship petition for spouses at the USCIS website, as well as processing timelines.

[nishant]

As long as you are on H1 visa, your spouse can get dependent H4 visa. It does not matter where you marry. Getting H4 visa allows spouse to continue studies.

If you apply for I-140/I-485 after marriage, you can include your spouse

However, if green card precedes marriage then complications can start due long wait times for getting valid visa. In such case, spouse has to maintain independent visa status like H1-B visa.