K Visa American Born Citizen to Marry Canadian Born Citizen

[davidcl]

I am new here, but I did read every post available before posting. Thank you for your help in advance. This site is the single most informative resource I have found (besides the obvious ucis.gov site).

[overview]
I am an American (born) Citizen wanting to marry my Canadian (born) girl friend. We have been corresponding for 2 year over the Internet. I have visited her twice (as a tourist, stating I was there to visit my girlfriend) and I have a third visit planned at the end of this month where I plan to bend my knee and propose marriage.

[questions]
1. Does it matter if we get married in Canada or the United States? The ultimate goal is for her to become an American Citizen (and retain Canadian Citizenship for the love of her heritage).

2. If she visits me, as a tourist, stating that she plans to visit her boy friend in the USA, and we get married in the USA, will this cause any red flags toward obtaining a green card or permanet residency status and eventual citizenship? Following the anticipated marriage in the USA, she will return to Canada to work and get her estate in order (packing, renting out her house, shipping her automobile here, etc).

3. Is it better or worse to involve an immigration attorney? We have nothing to hide, and our intentions are clear. Neither of us have a criminal record in our country, we just want to get married and she wants to be my wife in the USA.

Any help is much appriciated, and I have no problem with paying legitimate attorney fees for consultation that would result in a clear, efficient, end result, where the two of us are married, and she is free to work and stay in the USA until death do us part.

[etc]
My sincere appologies if these are repeat questions, but I have yet to find a similiar post, to a seemingly straight-forward 'American Marries Canadian, Canadian Lives in America' situation. All my best to the moderators and the those seeking knowledge here. -Davidcl

 

[perpetualglow]

same situation!

My name is Tiffany, and I just found your post! I am going through pretty much the same thing with my fiancee. I am a Canadian born Citizen and he is an American born Citizen (he has dual citizenship with Canada though). We are trying to get me dual citizenship because like your girlfriend, I love my country and don't want to give up my citizenship. We have been dating for 3 years and our wedding (all this law stuff proving) are getting married in August of 2006. If you find out anything that has helped you, I would appreciate if you could refer it my way too!
Thankyou very much, Tiffany Kraubner

 

[NYClex]

It does not matter where you marry. Canadians and Americans can retain their respective citizenships upon becoming the citizen of the other country.

If a Canadian citizen wants to marry an American she should NOT state this at the border when entering as a tourist, because she might be denied entry. Any person who wants to enter the country to marry and then stay in the country should apply for a "fiancee" Visa (K-1) before entering the country.

Theoretically one can enter the country as a tourist and then marry and then do all the paperwork here. BUT the problem with Canadian citizens is that they usually are not being given an entry record at the border, the so called I-94 form. But that form is needed to apply for permanent residency in the States.

Therefore it is usually better to obtain a K-1 Visa before travelling to the US and then to obtain a I-94 form at the border.

 

[davidcl]

Thanks NYCLEX

Thanks NYCLEX,

I will proceed with filing the "USCIS Form I-129F - Petition for Alien Fiancé" and upon approval, she will file with the USA consulate in Canada.

Others may want to visit uscis.gov and review the LIFE act that allows a spouse to enter the USA and file all paperwork while living in the US.

Best of luck to all