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Are permanent resident applicants allowed to stay in this country while processing the visa application?

I am a US citizen and my gf is canadian. We will be married soon in the US; while she applies for the marriage visa and the permanent residence (I-130, I-485) visa is she allowed to stay in this country (past the 6 month visitor limit)? Also is she allowed to go back and forth between Canada and the US? Thanks

Update:

No, guys we're not trying to skirt the law. She is here legally in the US on a TN work visa right now, and her entire family is in Windsor which is why she wants to get married there. We both work and live here in the US which is why I'm wondering, if we go back to Canada and get married, and come back here, if she does happen to leave her current job (and her TN automatically expires) if she can still stay in the country while we process the necessary visas.

4 Answers

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  • 1 decade ago
    Favorite Answer

    There are two rules:

    1 - Don't take legal advices from Yahoo Answers.

    2 - Don't belive things you read in Yahoo Answers.

    I'll answer your question. You fiance can marry you in the US and apply for change of status to a permenent resident, she DOESN'T have to go to Canada and apply for a fiancee visa.

    A fiancee visa (K1) is to bring your fiancee to the US to marry her, but she's already to the US so applying for it is a very dumb move.

    She can stay in the US, don't worry, after you two are married and she file to change her status to a permanent resident - she's a legal resident and can also work legally!

    If you marry in Canada it can take a year until she can come to the US and she'll have to stay in Canada for a year and it's a mess.

    1) Marry her

    2) She will file the forms to adjust a status

    3) She's legal 1 minute after the filed the forms.

    4) 4-7 months later she will have a Green Card.

    Just to make a point, if her visa expires tomorrow and she stays in the US illegaly - she can still marry you and get a Green Card even that she's illegal, because she enter legally - she didn't cross illegaly.

    So she can stay illegal in the US for even 10 years and then marry you and file to adjust her status and 1 minute later she's legal and 4-7 months later a Green Card.

    If you have any more questions then just add details and ask and I'll edit and answer, that's very simple and no one have to leave the US or stop working, don't listen to what people say and you can always consult a lawyer, for $100-$200 you will know everything you need to know, and NO you don't need a lawyer to help her get the Green Card - It's easy to do it on your own and you save about $1000-$4000.

    ---

    Don't listen to William O, it's legal to file for adjust of status doesn't matter what visa she got and if her visa expired or not it's not as issue. HOWEVER, if she entered the US as a toursit and told the Border Patrol that she's coming for a week vacation and married you a day later - it's a red light and can cause some problem, after 90 days it's ok to marry even if someone entered on a tourist visa- this someone can meet someone to marry in 90 days, it can be real - it doesn't mean he come with intention of marrying.

    TN is an immigrant visa so it really doesn't matter, so don't listen to anybody here and save yourself a lot of trouble.... Most people here doesn't know what they are talking about.

    $250,000 fine and 5 years in prison is for fake marriage, the US citizen get 5 years or $250,000 fine. The illegal immigrant just get deported.

  • Anonymous
    1 decade ago

    Getting married and filing for a change of status while on a visitor visa is prima facie evidence of visa fraud! 5 years federal prison and/or $250,000 fine each plus deportation and a permanent ban from the US for the alien.

    Did you ever think of getting a K-1 visa and doing it legally?

  • Anonymous
    1 decade ago

    you can apply legally while living inside Canada - this is of course for Cannadian PR status'

    You are supposed to apply from outside for USA, but there are many spouses who do visit the USA legally, get married and then have the american sponsor apply for change of status. While this is in process, the foreign spouse CANNOT work or study until the EAD (employment authorizarion) is processed.

    She SHOULD NOT leave the country until her EAD is in her hand - or she may be refused re-entry into USA.

  • Anonymous
    1 decade ago

    if she has resident status

    NOOOOOOOOOOOOOOOOO she can not Go back and forth to canada noooooooooooooooooooooo way do not due this she will be disqualified

    my friend was a resident and because he got married in mexico and came right back to u.s. he now will be deported

    please trust what i said because these are facts

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