K Visa Canadian with TN visa to marry American and live in the States

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Jodamo23

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What a refreshing site! I have read a few threads which have been very helpful and I am hoping that someone can answer some of our more specific questions about our particular situation.

Here is our snapshot:

-I am an American, recently engaged to a Canadian
-She is currently living and working in the states as Social Worker with TN status.
-We are planning on getting married in Canada and living in the States.
-We will be married in November 2005 and she is planning on going to Graduate School in Michigan starting in May of 2006 (6 months later)

1)As I understand it, we do not need to file anything before hand if we are planning on Marrying in Canada, is this correct?

2)Is there anything that we can file before the wedding that would be helpful without jeapordizing her TN visa?

3)Once we are married in Canada, should we file for the K-3 status (I-129), just jump right into the I-130, or is there something better... AOS?

4)Pretty much the reason for question 3, when does her TN visa become invalid?!

5)Should we wait 90 days between getting married and sending in the I-130 or is this just hearsay?

6)If she is not working, can she come back to the states with me after we are married or does she need to remain in Canada for a set amount of time?

7)Finally, our most important factor is that she needs to go to school in May of 2006 for her Masters in Social Work. Is there anything we can do to ensure that she is able to do this?! There is only a 6 month period of time between us getting married and her going back to school.

8)Should we get an immigration lawyer to ensure that our paperwork is correct and do you have any referals in the Chicagoland area?

Any answers or advice would be greatly appreciated!!! Thank you so very much!
 
Have a look at other threats here where I explained the process in detail.

The main question is if she still is working in her job under the TN visa. Here is what you can do:

-you don't need to file anything before getting married.

-if she still has the job under the TN visa and the visa is still valid, you simply return to the US and file the petition (I-130) together with an application for AOS.

-You could file the I-130 and she can await the issuance of the immigration visa in Canada, but why would you.

-If she is out of status when you marry, then she needs to file for a K-3 Visa before returning to the States and then apply for AOS. That will take a couple of weeks.

No, you don't need to wait any time between marrying and filing. You can go to the USCIS office the moment you have your marriage certificate.
 
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