Legal Question in Immigration Law in Ohio

Where is she now? In the US, then neither of the above processes are correct. If she is back in Canada, then you would proceed with a K-3, but be sure you do it correctly, otherwise it will turn into a consular processing case and that will add several months to the process.

If she is in the US, then you would proceed with an adjustment of status process (includes other processes too). However, I would strongly recommend you meet with a knowledgeable immigration attorney to learn how to properly address the issue of her intent. Immigration will need to be convinced her intent was not to marry when she entered the US. We've successfully handled these type of cases in the past, and they do require a lot of documentation on that issue to enhance the likelyhood of success.

Hi

I think you're a bit confused. You can't use a K-1 fiance visa because you're already married. As well, if she's present in the U.S. pursuant to a lawful admission by CBP, then she can adjust her status (get her green card) without having to depart. If done correctly, this matter should take about 4-5 months from start to finish. She'll be eligible to work and travel internationally within 60-80 days after the filing with USCIS. Feel free to reach out to our office as we handle cases throughout the great state of Ohio.