I married an American in Vegas!

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WorthwhileNew Member
Topic author
Posts: 1
Joined: 9 Mar 2009

I married an American in Vegas!

Post Mon Mar 09, 2009 6:58 am

Thanks for the input! Will jump through their hoops I guess!
Last edited by Worthwhile on Wed Mar 11, 2009 6:52 am, edited 2 times in total.
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StevenCanuckAbroad VIP
Posts: 3635
Topics: 2
Joined: 28 Sep 2007
Location: Calgary

Re: I married an American in Vegas!

Post Mon Mar 09, 2009 9:48 am

There are tons of threads on here about it.

To be honest you're in a pickle because it doesn't sound as though she has LPR status in Canada and you don't have it in the US. You don't have non-immigrant intent so she must sponsor you for permanent residency, either via a K-3 visa or by filing an I-130 with the local US consulate together with heap of other paperwork. This is not a quick process (takes up to a year), and she must be up-to-date with her US tax returns as well (US citizens must file a 1040 and Form 2555 every year if they are non-resident).

Go to www.visajourney.com as it is covered in lots of detail there. Also there is a lot of information at www.amcits.com

Your other option is to sponsor her for permanent residency in Canada, either by getting a visa or by applying for it once you arrive in Canada. However technically she doesn't have non-immigrant intent because you're already married, so entering either country may be a problem.

http://www.cic.gc.ca/english/immigrate/ ... spouse.asp
Steve.
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RebaModerator
Posts: 2561
Joined: 16 Jul 2004
Location: North Carolina

Re: I married an American in Vegas!

Post Mon Mar 09, 2009 4:53 pm

NEVER lie to a CBP official. They will catch you in it sooner rather than later.

You may have to spend some time living apart I'm afraid, until you sort out immigration stuff. Which country have you decided to live in? If its US, check out Visa Journey (posted above by Steven), if it's Canada check out http://roadtocanada.com

As Steven said, there are LOADS of threads here about marriage based immigration, but ALL the information you need is at either of those other two sites. Example forms, Guides, message forums, etc etc etc...Go there for the info.
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StevenCanuckAbroad VIP
Posts: 3635
Topics: 2
Joined: 28 Sep 2007
Location: Calgary

Re: I married an American in Vegas!

Post Mon Mar 09, 2009 11:02 pm

Having read that again I think the chances of you getting through US immigration with your pregnant US citizen wife (and your personal belongings) are basically nil, I can't see how any CBP agent would believe you have non-immigrant intent. Visitor status requires an abode abroad. Well at that point you've left your abode in China and you no longer have one in Canada either.

Can't really think of a good solution for this one. She returns to the US, you return to Canada and establish residential ties, and she sponsors you for permanent residency. Hopefully by the time the baby reaches the due date you'll be able to convince CBP you're visiting, not immigrating, so you can at least go to the hospital with her.

Or there's the dicey-and-not-recommended route of visiting and then applying for AOS, but even that would require you to spend some time in Canada, because at the moment you don't even qualify simply as a visitor as you have no abode abroad.

But this is all covered on www.visajourney.com

Like Reba said, don't lie. Not worth the risk. If you get banned from visiting it's an inconvenience. If you get banned from seeing your wife and child, big problem. Better to be patient.
Steve.
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