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Q: Marry to an Canadian Citizen ( Answered 3 out of 5 stars,   0 Comments )
Question  
Subject: Marry to an Canadian Citizen
Category: Miscellaneous
Asked by: anw559-ga
List Price: $15.00
Posted: 27 Jul 2005 07:52 PDT
Expires: 26 Aug 2005 07:52 PDT
Question ID: 548500
I am permanent resident (Green Card holder) of USA. I got my green
card just few months ago. And it will take almost 5-6 years to get
Citizenship of USA
I want to marry a Canadian Citizen. 
Is there any possible way to marry a Canadian Citizen and live in USA?
Assume, she dont want to study, and she does not have any professional degree.


Thanks in advance
Anwar
Answer  
Subject: Re: Marry to an Canadian Citizen
Answered By: hummer-ga on 27 Jul 2005 09:57 PDT
Rated:3 out of 5 stars
 
Hi anw559,

Yes, sure, you can marry a Canadian but you don't have quite so many
options available to you on how to go about it as American citizens
have. She will not be able to join you in the U.S. until the following
four steps are completed.

1) Get legally married in Canada.

2) Petition for Alien Relative (spouse)

3) Wait for your wife to receive a visa number

4) Your wife will complete the visa process at the consulate

Petitioning Procedures: Bringing a Spouse (Husband or Wife) to Live in
the United States
This information is for U.S. citizens and lawful permanent residents
who wish to petition for or ?sponsor? a spouse (husband or wife) to
live permanently in the U.S.
What Do I File?
If you are applying to bring your spouse to the U.S. to live, you will
need to file the following with the U.S. Citizenship and Immigration
Services:
  * Form I-130, Petition for Alien Relative, with all required documentation
  * A copy of your birth certificate showing your name, or your U.S. passport
  * If you are a lawful permanent resident (LPR), a copy of your alien
registration receipt card
  * Two completed and signed G-325A?s (one for you and one for your spouse)
  * A copy of your civil marriage certificate
  * A copy of any divorce decrees, death certificates, or annulment
decrees that would show that any previous marriage entered into by you
or your spouse was ended legally
  * A color photo of you and one of your spouse (see Form I-130
instructions for photo requirements for details)
If you are a lawful permanent resident, and your petition for your
spouse is approved, your spouse will be notified by the Department of
State when a visa number is available. If your spouse is outside of
the U.S. at the time of notification, he or she must go to the local
U.S. consulate to complete visa processing with the Department of
State issued visa number."
http://uscis.gov/graphics/howdoi/Appproc.htm

G-325A, Biographic Information
http://uscis.gov/graphics/formsfee/forms/g-325a.htm

New requirements for photograph
http://uscis.gov/graphics/publicaffairs/newsrels/04_08_02Photo_flyer.pdf

FORM I-130, Petition for Alien Relative (the fee is now $185)
http://uscis.gov/graphics/formsfee/forms/I-130.htm

"Washington, D.C.? USCIS is now processing Form I-130, Petition for
Alien Relative, as a visa number becomes available. Filing and
approval of an I-130 relative petition is only the first step in
helping a relative immigrate to the United States. Eligible family
members must wait until there is a visa number available before they
can apply for an immigrant visa or adjustment of status to a lawful
permanent resident. This process will allow USCIS to concentrate
resources first on cases where visas are actually available. This
process should not delay the ability of one's relative to apply for an
immigrant visa or adjustment of status. Refer to www.state.gov/travel
to determine current visa availability dates.
If you are a U.S. Citizen or lawful permanent resident and plan to
file a petition for a qualifying relative, you are encouraged to file
as soon as you are eligible in order to establish your relatives place
in line even if the petition may not be decided for some time to come.
Upon filing, USCIS will send you a receipt that will establish a place
in line for a visa called a ?priority date?. USCIS will adjudicate
your Form I-130 prior to visa availability (or within six months if a
visa is immediately available upon filing)."
http://uscis.gov/graphics/publicaffairs/newsrels/I_130_07_01_04.pdf

The Process
"An immigrant (also called a "lawful permanent resident") is a foreign
national who has been granted the privilege of living and working
permanently in the United States. Your spouse must go through a
multi-step process to become an immigrant. First, the U.S. Citizenship
and Immigration Services (USCIS) must approve an immigrant petition
(application) that you file for your spouse. Second, the State
Department must give your spouse an immigrant visa number, even if
your spouse is already in the United States. Third, if your spouse is
already in the United States, your spouse may apply to adjust to
permanent resident status. If your spouse is outside the United
States, your spouse will be notified to go to the local U.S. consulate
to complete the processing for an immigrant visa.'
http://www.foreignborn.com/visas_imm/immigrant_visas/marriage/3bringing_my_spouse.htm

I hope this helps to get you started. If you have any questions,
please post a clarification request and wait for me to respond before
closing/rating my answer.

Thank you,
hummer

I know this subject well so an internet search was not necessary.
However, to learn more on the subject, a search can be made on the
USCIS website.

Request for Answer Clarification by anw559-ga on 02 Aug 2005 11:17 PDT
Thanks for your answer, but I need one clarification

. Suppose I get married in Canada, and applied Petition for Alien
Relative (spouse) in USA. And lets say she is waiting for her visa
number in Canada.
During this wait time can she come to USA for visit(remember she is
Canadian citizen)? If yes, how long can she stay per visit?

Thanks
Anwar

Clarification of Answer by hummer-ga on 02 Aug 2005 12:32 PDT
Hi anwar,

The best way to use GA is to post all of your clarification requests
before closing and rating the answer. That way, the researcher will be
happy to respond and you will have the complete answer when you rate
it. To ask for more information after you have under-rated an answer
really isn't fair to the researcher.

Once the immigration process has begun, your wife will need to stay
out of the U.S. until she hears from the Consulate.  As I already
mentioned, you would have more options as a U.S. citizen.

Regards,
hummer
anw559-ga rated this answer:3 out of 5 stars

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