Hi gabam1122,
You are wise to plan before getting married, thus saving yourselves
much aggravation and possible disappointment. To avoid any headaches
later, the best thing to do is to either apply for a K-1 nonimmigrant
visa if you are getting married in the U.S., or a K-3 nonimmigrant
visa if you are getting married in Canada. I have copied relevant
information from the US Department of State website, but please click
on the links to read the articles in full.
INS Implements the ?K? Nonimmigrant Visa Provision of the LIFE Act:
Applying for Immigrant Status
"The K-3/4 nonimmigrant classification does not provide immigrant
status. To obtain immigrant status --once in the United States -- a
K-3 nonimmigrant must file a Form I-485 (Application for Adjustment to
Permanent Residence). A K-4 nonimmigrant must have a Form I-130 filed
on his/her behalf by his/her U.S. citizen parent/stepparent and must
file a Form I-485. K-3/4 nonimmigrants will become lawful permanent
residents and receive their Green Card when both the Form I-130
petition and their Form I-485 application have been approved.
K-3/4 non-immigrants may elect to apply for an immigrant visa instead
of adjustment of status and may wait in the United States until they
must appear at the consulate for their visa interview."
http://uscis.gov/graphics/publicaffairs/newsrels/life081401.htm
Travelling to the U.S., getting married, and then applying for
Permanent Residency is not an option - you must enter the U.S.
officially (on a Visa) to be eligible to apply for Permanent
Residency (a prerequisite for U.S. citizenship).
>>>>>>>>>> MARRIAGE IN U.S. (fiancé(e) K-1 nonimmigrant visa)
Nonimmigrant Visa for a Fiance(e) (K-1)
http://travel.state.gov/visa/immigrants_types_marriage2.html#4a
>>>>>> STEP ONE -> File a Petition for Alien Fiancé(e)
Suppose you are an American citizen and you want your foreign
fiancé(e) to travel to the United States to marry you and live in the
U.S. You must file, Petition for Alien Fiancé(e) in the United States.
Filing the Petition:
"You must file the Petition for Alien Fiancé(e), Form I-129F with the
Department of Homeland Security's Bureau of Citizenship and
Immigration Services (BCIS) office that serves the area where you
live. See the Department of Homeland Security's BCIS Field Offices for
information on where you can file the petition. Note: You cannot file
this petition at an embassy, consulate or U.S. immigration office
abroad.
After the BCIS approves the petition, it sends the petition to
National Visa Center for processing, prior to being sent the embassy
or consulate where your fiancé(e) will apply for a K-1 nonimmigrant
visa for a fiancé(e)."
http://travel.state.gov/visa/immigrants_types_marriage2.html#2d
FORM 1-129F Petition for Alien Fiance(e):
http://uscis.gov/graphics/formsfee/forms/i-129f.htm
USCIS FIELD OFFICES BY STATE:
http://uscis.gov/graphics/fieldoffices/alphaa.htm
>>>>>> STEP TWO -> Apply for a Visa
A Fiancé(e) Is Also an Immigrant:
Because a fiancé(e) visa permits the holder to immigrate to the U.S.
and marry an American citizen shortly after arrival in the United
States, the fiancé(e) must meet some of the requirements of an
immigrant visa.
Applying for a Visa:
"The consular section at the embassy or consulate where you, the
fiancé(e) of an American citizen, will apply for a visa tells you of
any additional specific requirements, such as where you need to go for
the required medical examination. The following is required:
* A passport valid for travel to the United States and with a
validity date at least six months beyond the applicant's intended
period of stay in the United States.
* Birth certificate
* Divorce or death certificate of any previous spouse for both the
applicant and the petitioner
* Police certificate from all places lived since age 16
* Medical examination (vaccinations are optional, see below)
* Evidence of financial support (Form I-134, Affidavit of Support
may be requested.)
* Two Nonimmigrant Visa Applications, Form DS-156 (A Form DS-156,
prepared in duplicate.)
* One Nonimmigrant Fiancé(e) Visa Application, Form DS-156K
* Two nonimmigrant visa photos (each two inches 50 X 50 mm square,
showing full face, against a light background)
* Evidence of a fiancé relationship
* Payment of fees, as explained below."
http://travel.state.gov/visa/immigrants_types_marriage2.html#5d
FORM DS-156 Nonimmigrant Visa Applications::
http://evisaforms.state.gov/
FORM DS-156K Nonimmigrant Fiancé(e) Visa Application:
http://www.visapro.com/US-Immigration-Forms/Fiancee-Visa-Application.asp
FORM I-134 Affidavit of Support:
http://uscis.gov/graphics/formsfee/forms/i-134.htm
>>>>>> STEP THREE -> Enter the U.S. and Marry
What Must Happen After Getting the Fiancé(e) Visa?
"After getting the fiancé(e) visa, your fiancé(e) enters the U.S.
through a U.S immigration port-of-entry. The U.S. immigration official
gives your fiancé(e) instructions on what to do when he/she enters the
United States. You must get married within 90 days of your fiancé(e)?s
entry into the United States.
http://travel.state.gov/visa/immigrants_types_marriage2.html#9d
>>>>>> STEP FOUR -> Register for Permanent Residency
How Do I Change My Fiance(e)?s Status to Lawful Permanent Resident?
http://uscis.gov/graphics/howdoi/hdifiance.htm
After marriage, your spouse must file Form I-485 Application to
Register Permanent Residence or to Adjust Status with the BCIS office
that serves the area where you live in the United States. You must
fill out the Affidavit of Support, Form I-864, with the BCIS for your
spouse's application to become a lawful permanent resident (LPR). See
Permanent Resident http://www.uscis.gov/graphics/faqsgen.htm#greencard
to go to the Department of Homeland Security's, BCIS internet site.
http://travel.state.gov/visa/immigrants_types_marriage2.html#9d
FORM I-485; FORM I-864; FORM I-693; package:
http://uscis.gov/graphics/formsfee/forms/files/i-485pk1.pdf
>>>>>> STEP FIVE -> Citizenship!
General Naturalization Requirements: Residence and Physical Presence:
An applicant is eligible to file if, immediately preceding the filing
of the application, he or she:
* has been lawfully admitted for permanent residence (see preceding section);
* has resided continuously as a lawful permanent resident in the
U.S. for at least 5 years prior to filing with no single absence from
the United States of more than one year;
* has been physically present in the United States for at least 30
months out of the previous five years (absences of more than six
months but less than one year shall disrupt the applicant's continuity
of residence unless the applicant can establish that he or she did not
abandon his or her residence during such period)
* has resided within a state or district for at least three months
http://uscis.gov/graphics/services/natz/general.htm
FORM N-400 Application for Naturalization:
http://uscis.gov/graphics/formsfee/forms/n-400.htm
>>>>>>>>>> MARRIAGE IN CANADA (Spouse K-3 nonimmigrant visa)
Nonimmigrant Visa for a Spouse (K-3):
http://travel.state.gov/visa/immigrants_types_marriage2.html#3a
How Do I Become a K-Nonimmigrant as the Spouse or Child of a U.S. Citizen?
http://uscis.gov/graphics/howdoi/hdiknonimm.htm
>>>>>> STEP ONE -> Petition for Alien Relative
"You must first file an immigrant Petition for Alien Relative, form
I-130 for your spouse with the BCIS Office that serves the area where
you live. The BCIS will send you a Notice of Action (Form I-797)
receipt notice. This notice tells you that the BCIS has received the
petition.
You next file Petition for Alien Fiancé(e), form I-129F for your
spouse and children. Send the I-129F petition, supporting documents
and a copy of the Form I-797 receipt notice to this Department of
Homeland Security BCIS Address on their web site. "
National Visa Center (NVC) Sends Petition To Post
"After the BCIS approves the I-129F, it sends it to the National Visa
Center (NVC). The NVC sends the petition electronically to the embassy
or consulate in the country where the marriage took place. If your
marriage took place in the United States, the NVC sends the petition
to the embassy or consulate that issues visas in the country of your
spouse's nationality."
http://travel.state.gov/visa/immigrants_types_marriage2.html#3c
FORM I-130, Petition for Alien Relative
http://uscis.gov/graphics/formsfee/forms/I-130.htm
FORM I-129F, Petition for Alien Fiance(e)
http://uscis.gov/graphics/formsfee/forms/i-129f.htm
>>>>>> STEP TWO -> Apply for a Visa while still in Canada
A Spouse of a U.S. Citizen (K-3) Is Also an Immigrant
"The spouse of an U.S. citizen applying for a nonimmigrant visa (K-3
applicant) must have an immigrant visa petition on his/her behalf by
the U.S. citizen spouse. Therefore, the spouse of the U.S. citizen
(the K-3 applicant) must meet some of the requirements of an immigrant
visa."
Applying for a Visa
"The embassy or consulate where you, the spouse of an American
citizen, will apply for a K-3 visa must be in the country where your
marriage took place. Here are the procedures to apply. The embassy or
consulate will let you know any additional things to do, such as where
you need to go for the required medical examination. The following is
required:
* Two copies of form DS-156, Nonimmigrant Visa Application
* One DS-156K, Nonimmigrant Fiancé(e) Visa Application form
* Police certificates from all places lived in since the age of 16
* Birth certificates
* Marriage certificate for spouse
* Death and divorce certificates from any previous spouses
* Medical examination (except vaccinations)
* A passport valid for travel to the United States and with a
validity date at least six months beyond the applicant's intended
period of stay in the United States.
* Two nonimmigrant visa photos
* two inches/50 X 50 mm square, showing full face, against a light background)
* Proof of financial support (Form I-134 Affidavit of Support may
be requested.)
* Payment of fees, as explained below
http://travel.state.gov/visa/immigrants_types_marriage2.html#5c
FORM DS-156 Nonimmigrant Visa Applications::
http://evisaforms.state.gov/
>>>>>> Enter the U.S. with your K-3 and then see Steps Four and Five above.
>>>Additional Links of Interest:
Forms and Fees:
http://uscis.gov/graphics/formsfee/forms/
Obtaining a Social Security Number:
http://www.ssa.gov/ssnvisa/help_immigrant.htm
How Do I Bring My Spouse (Husband or Wife) to Live in the United States?
http://uscis.gov/graphics/howdoi/spouselive.htm#Definition
Petitioning Procedures: Bringing a Spouse (Husband or Wife) to Live in
the United States
http://uscis.gov/graphics/howdoi/Appproc.htm
Who May Apply to Become a Lawful Permanent Resident While in the United States?
http://uscis.gov/graphics/howdoi/lpreligibility.htm
IF THE MARRIAGE OCCURS IN THE U.S.
IF THE MARRIAGE OCCURS OUTSIDE THE U.S.
http://www.shusterman.com/marriage.html
I hope I've been able to help sort this out for you and you'll now
feel more confident on how to proceed. If you have any questions,
please post a clarification request *before* closing/rating my answer
and I'll be happy to reply.
Thank you,
hummer
Google Search Strategy: I searched the USCIS website and used my own
knowledge and previous research on this and similar topics. |
