Legal Question in Immigration Law in Washington

immigration and marriage

I am Canadian. My fiancee is from US. I am currently visiting him in US and we want to get married but don't want me to have to stay in Canada during the time necessary for a fiancee visa (9 months). We went to Canada last week for a visit and they didn't let me back in the States because I had no proof (other than my passport) that I wasn't living ilegally in the US. 4 days later I showed proof of Canadian residency (bank statements etc) but they told me I had better go back to Canada and wait until I get our fiancee visa in place. Can we just get married in the States and then apply for a visa or should we go to Canada and get married and then re enter the States as a married couple? I'm afraid to leave the states for fear of not being allowed back in.

Asked on 2/08/08, 10:58 pm

2 Answers from Attorneys

Tahmina Watson Watson Immigration Law, LLC

Re: immigration and marriage

Hi there,

It is possible to get married in the United States while you are visiting and adjust your status accordingly. You will have to stay in the US while your adjustment application (application for a Green Card) is pending. You may apply for a travel authorization at the time you apply for the Green Card to enable you to travel back to Canada in the interim. If you would like more information, please call me and we can talk further. Hope that helps.

Good luck,


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Answered on 2/09/08, 12:06 am
James J. White, attorney Law Offices of Smith & White, PLLC

Re: immigration and marriage

There are some nuances to your situation that require careful analysis. I recommend you sit down with an immigration attorney in person to review this decision. Contact me directly if you'd like to speak in person.

At your service,

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Answered on 2/09/08, 12:07 am

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