K Visa Canadian marrying American

[petitchou]

I'd like to know the first steps as to my marriage to an American. We both work in the U.S. but we (I) need to live in Canada. Can we get married in either country or in Mexico? I would continue to work on a TN VISA but what about my fiancee- what paper work would he need?

 

[petitchou]

one more question

Just one more thing...I think I need to "sponsor" my fiancee - but can I only so this once we are married? How does he legally live in Canada with me immediately after we are married?

 

[petitchou]

confused

is nobody replying to my question because I'm asking Canadian legal questions? Sorry- I'm new to the site, so I'm not sure how it works- but if I could get an answer that would be great.

 

[mike]

is nobody replying to my question because I'm asking Canadian legal questions? Sorry- I'm new to the site, so I'm not sure how it works- but if I could get an answer that would be great.

Things vary. Canadian law is also not as popular as American law. I'll take a look.

 

[mike]

Just one more thing...I think I need to "sponsor" my fiancee - but can I only so this once we are married? How does he legally live in Canada with me immediately after we are married?

OK, part of the reason why it is difficult for anyone to answer your question is because you need to keep all your comments in the same place. How is anyone supposed to figure out what's going on if they don't even know where to looK? Use the reply button and reply to your own post. If a moderator is here they should join the threads.

My understanding is that in most instances the person can usually live legally if married to someone but the marriage also needs to last a certain period of time and you must convinve the INS or whatever authority may exist in Canada that this isn't a sham "green card marriage." I'm sure it's similar although I don't know the law for sure.

 

[mike]

I'd like to know the first steps as to my marriage to an American. We both work in the U.S. but we (I) need to live in Canada. Can we get married in either country or in Mexico? I would continue to work on a TN VISA but what about my fiancee- what paper work would he need?

Oh, OK, so I think you are asking a different question. From what I know if you have the ability to be in the US you have the ability to be in the US via your work visa. The fact that you retain a residence in Canada does not restrict you but see an important detail below in the application process. Why would your fiancee need extra paperwork if he is a US Citizen?

I don't think where you get married has any effect on the VISA issues so long as it is a marriage ceremony recognized in the US. You will probably need to visit a US Embassy and present an affidavit of eligibility to marry, which is a document stating that there is no impediment to getting married.

Getting married is a different process. Your fiancee will have to file a Form I-130, "Petition for Alien Relative," which will demonstrate your eligibility. They may investigate your petition to determine whether you live together. If they are satsified with your petition then you may file a Form I-485, "Application for Status as Permanent Resident" to change your status from alien to a permanent resident. Remember, the INS isn't stupid and they have seen green card marriages a million times, which is why many who have some funds and are serious and in particular situations (such as yourself) may choose to hire an attorney who is completely familiar with the process and should know the optimal way to manage the process to successful completion.

It's been a while but I think the movie "Green Card" that stars Gerard Depardieu and Andie MacDowell might give you a good idea of what to expect. Good luck and congratulations!!!!