Canadian with Duration of Status Getting Married in U.S.

Hello,

The man is a Canadian citizen. Canadians have "duration of status" which means they can stay as long as they want in the USA as long as they don't work. A lot of border officials though stick with the six month rule and sometimes slap an overstay on Canadians.

If the man gets married in a legitimate marriage to an American citizen after over six months of living in America, will there be a problem with getting approved?

Any info is much appreciated. Thanks.

Getting what approved? Some states require proof of lawful status in order to get a marriage license, if that's what you're asking. If the state will issue you a marriage license without regard to your status and you otherwise meet the state's residency (and any other) requirements, you can marry in that state.

There shouldn't be a problem with marrying. Two things I'd suggest after marrying however. I'd suggest filing for him to get permanent residence status here. Also, DO NOT have him leave the US from this point until he gets his permanent resident card.

To file for permanent residence status, you'd need to submit (all at once is better) the following forms and required documentation (see directions for each form) Forms are here

I-130, a petition for alien relative (petition from you, the citizen, to USCIS to establish that you have an alien relative)
-needs affidavits from people for proof of marriage/real relationship
+ other financial/photo/relationship proof docs
-needs proof that you are a US citizen
-needs G325A for both of you

I-485 Application to register permanent residence or adjust status (this is commonly referred to as AOS or adjustment of status)
-needs I-864, affidavit of support proving you can support him
(while he doesn't have authorization to work)
-needs I-693, medical physical done by civil surgeon
(consists of missing vaccinations and blood test for syphilis/tb skin test)
-needs G325A's, done above

I-102 application for replacement/inital nonimmigrant arrival departure record
-this will bring up a record of when he was back and forth....that the
records are notoriously wrong so we should get a copy to have in case
of issues with their documentation so we can address them.

I-765 application for employment authorization (temporary green card) (also referred to as EAD or employment authorization document)

Other things to submit with this packet not mentioned in the directions are:

-letter from your employer stating that yes, indeed, you have a job and stating your salary.

-If possible, supply proof that yes, indeed, when he initially crossed the border to the US (the last time before he was in overstay), he CROSSED WITH INSPECTION. This means that the border guards looked at him and or asked questions at the border and approved his crossing (not that he was searched in the "open the trunk/drop your pants" kind of way). The burden of proof is upon you to prove that he crossed legally. One option is if he crossed with someone else, have that person give you a notorized letter stating that you were inspected at the border on whatever date it was they crossed.


I hope that helps.

There also exists an I-131 to apply for the ability to leave the country while this paperwork is being processed. I was advised to NOT DO THIS. You run the risk, form approval or not, to getting refusal to come back in the country. Again, do not have him leave the US at any point now that he's in overstay.