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  1. #1
    Join Date
    Aug 2016
    Location
    USA
    Posts
    7

    Default How Can a Canadian Stay in the U.S. After Marrying a Citizen

    My Husband and I got married on Jan.13th, 2017 and I was wondering If I could stay here while we get the funds and fiances to fill out every forum needed to make me a USA Citizien by Marriage, Green Card by marriage, and everything else that is needed?

    I don't ever want to be without him for any long length of time or anything else I hate being away from him I love him with my entire heart, I have seen on other threads where couple have had been married 3 months and had everything then other's who were married a year then only applying then as it took them that long to save up and that USCIS is understanding if you tell them why is this true?

  2. #2
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: How Can a Canadian Stay in the U.S. After Marrying a Citizen

    You can seek adjustment of status based on marriage, but you need to stay in the U.S. while that process is pending. We don't know the history of your case or the nature of your visa (or ESTA status, or VWP status) when you entered the U.S., so I suggest sharing the details with an immigration lawyer. For example, if you entered on a J1 visa with a home residency requirement, you can't adjust your status based upon marriage unless and until you either fulfill the home residency requirement or successfully obtain a waiver.

  3. #3
    Join Date
    Sep 2010
    Posts
    19,901

    Default Re: How Can a Canadian Stay in the U.S. After Marrying a Citizen

    It's unlikely as a Canadian citizen he has a J-1 visa (or even that one would have been issued to her). Canadians are free to enter for most non-immigrant reasons without one. If she entered legally now, she can apply to adjust status now.

    If she leaves however, she likely needs a K-3 to reenter.

  4. #4
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: How Can a Canadian Stay in the U.S. After Marrying a Citizen

    That's not at all true. Canadians frequently enter the U.S. on J1 visas to perform internships or complete professional career training. Canadians are not free to enter the U.S. and take paying jobs without getting a visa that authorizes employment. Without knowing the facts, you are making a dangerous overstatement.

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