Getting Green Card after Marriage

Hey everyone,

I'm new here. I am going to be getting married in January 07. My fiancee and I have been discussing what to do about who lives where.

I was wondering what is required and what I would need to do to try to get a green card? I am getting married in Las Vegas in January. After I get married, what would I need to do to get my green card (I assume you can be eligible for one after you marry an American citizen)

Any help would be greatly appreciated.

Thanks!

Immediately after you're married, what is the plan? Are you staying in the US, or returning to Canada?

If you go to Vegas to get married and intend to stay in the US, that is technically illegal. You are entering the country with intent to stay without a visa. If you tell them at the border that you're getting married to an American, they may not even let you enter.

To do things the legal way, you'll have to get married and return to Canada and have your then US spouse petition for a CR1 visa or K3 visa for you. There's not enough time for you to get a fiance visa, they take a few months.

IF they let you across the border in January to get married, you and your spouse will be separated for several months, to possibly one year until you will have a visa and are able to move to the US.

If you decide to stay after you get married and then apply to adjust status, you will be hard pressed to prove to the interviewer that you Did Not enter the country with intent to immigrate.

Yes, it happens every day, but its not really the *right* or legal way to go about it. Plus, if you get married and stay, you will not be able to work, or get a driver's license, or do much of anything until approved. In some areas this can take a year or more.

Check out http://www.visajourney.com for information on marriage based immigration to the US.

I would highly suggests you to not rush to Las Vegas to get married before all your paper works are in order. It may sounds discouraging at first, but in the end, if you wish to be married forever, even if you have to wait another year, it will be worth it. If you do enter in the U.S. with the intention of getting married without the proper documents, you could be refused the right to get your green card, therefore, stay and work legally in the U.S. The immigration services are VERY strict about their procedures but they are also very efficient nowadays. It took us 7 months for me to get my fiance visa from the moment we applied for it to the moment it was delivered in Montreal. Then my husband and I got married in Vermont (going to be a year in January 2007) and we moved to Baltimore where we're now living. From what the previous message says about it: it is VERY true that customs agent could refuse you the right to enter the country to get married if you do not have the right paperworks. You have to remember that Canadians do not have the right to come and go in the U.S. as they wish, it is a priviledge. If you think it doesn't happen, think twice, I know a lady who's daughter was stopped at borders and couldn't go back to the U.S. for months and months because she didn't have the right paperworks. I know this e-mail may not be the most encouraging one at first sight but it is in the way that sooner than later you'll be living a happy life with your husband if you go through the process the proper way. USCIS haven't stopped impressing me with their fast replies.

Thanks. My fiancee and I have been going back and forth and we decided that we would try to have her come up to Canada eventually. I still plan on getting married in Vegas as we originally planned. Can the border still refuse me entry even when I plan on returning to Canada after I marry her?

It seems kind of weird, that they could refuse someone just to go and get married and return to their country, like I would do.

Thanks for your help and anymore help would be appriciated.

Thanks

Well, the reason why they are so strict regarding this issue is that the authorities, here in the U.S., are worried of illegal immigration which is a big problem in this country, not only from the Mexican border as we tend to think but also the Canadian one. If you really intend to go back to Canada after getting married in Las Vegas, then I would just say that you're going on a short trip to Las Vegas and not mention you being married. This way, you are not lying as you are really going there for a short trip and are coming back to Canada afterward. And they do not have any reason to think you might try to stay in the country illegally. I know it sounds strange to only say this especially when you will be feeling so happy and excited and feeling like telling the whole world about you getting married but it just takes one zealous person to stop you and change your plan. I have learned that the least you say when sticking to the truth is better. When I was telling people at border that I was going to see my boyfriend, they were asking me plenty of questions. In the end, while I was waiting for my visa and still wanted to visit my now husband, I was saying I was visiting a friend and it was WAY better. Hope this will be helpful and that you'll have a lovely marriage in January!