Dual citizen marries Canadian on work VISA

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IdahoboundNew Member
Topic author
Posts: 1
Joined: 24 May 2008
Location: Vancouver Island

Dual citizen marries Canadian on work VISA

Post Sat May 24, 2008 7:38 pm

My fiance is a dual citizen and I'm Canadian. I'm moving to Idaho June 25 on a work Visa. My question is once we get married am I able to go between the US and Canada with him? He splits his time between the US and Canada so he's crossing the border all the time. I know there's a fiance Visa and all that but are things different because he has dual and we would get married in Canada? I don't plan to be in the US for more then a month without crossing the border and I do have "ties" to Canada so does that help?

Thanks
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Christopher G. Rizzo, EsqCanuckAbroad VIP
Posts: 281
Joined: 17 Oct 2007
Location: Red Bank, NJ USA

Post Sun May 25, 2008 6:15 am

You could have him sponsor you for a K-1 visa but while its processing you need to stay put in Canada.

Some may advise you to marry in the U.S. and stay there; don't do this, you will have fraud issues. I know that none of the posters here would suggest that, and most of them (99%) are thoughtful and compliant, but an unscrupulous attorney may suggest it. If they do, walk away.
Christopher G. Rizzo, Esq
Special Counsel
Law Offices of David T. Ferrara, LLC
www.naftalawfirm.com
P: (732) 784-2877
Email: Crizzo@naftalawfirm.com
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Reba

Post Sun May 25, 2008 6:25 am

Let me see if I understand this correctly.

You're Canadian, and will be moving to the US on a work visa. What type of "work visa"?

When do you plan to be married, and where? What's the plan after you're married? Which country will you be living in permanently?

If you already have a work visa, then K1 wouldn't do you much good, and wouldn't be needed anyhow. As Chris pointed out, you pretty much have to be outside of the US during the processing of it, and it takes nearly a year to complete, and once you get it, you can't work for a few months afterward.

The fraud he mentioned only comes into account if you enter the US under false pretenses, with intent to get married and stay in the US without a proper visa, and if you've told them you're only there for a short visit. If you already have a work visa that allows you to be in the US, and then if you get married, you can apply to adjust status. Depending on the type of work visa you have however, if the adjustment of status takes a long time and your work visa expires, you may have to quit your job, unless you've also applied for an employment authorization based on the AOS from marriage. You may or may not have to endure further scrutiny if the type of work visa you have is not "dual intent". Generally speaking though, unless you have a criminal record or something, this is usually forgiven by USCIS. But not always.

There are pros and cons to adjusting status from a not dual intent visa, go have a poke around at www.visajourney.com for information on marriage based immigration to the US. There are a few even who have adjusted from work visas.
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