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My son will be traveling to Toronto May 28 and will be proposing
to a Canadian citizen young lady to marry him. He expects a yes
answer. She is planning to return with him to Texas for a brief
visit in June to look for houses, schools, etc. They plan to
marry in July or August in Toronto and for her to move to Texas
along with your 3 children.
She has been told by some attorney's and the US Consulate that it
will take 9 to 12 months after they are married for her to be
able to move to Texas from Canada. Do you concurr that it takes
this long? My son is an American citizen and a native Texan. Is
there anyway around this long delay?
Thanks,
A Native Texan
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david ingram replies:
18 months is more like it today with three children.
If she is married before she goes, she has to go to Montreal to
be processed. Not too bad from Toronto but a real drag if one
lives 3,000 miles away in Vancouver.
On the other hand, If she were to apply for a Fiancée F1 visa,
she and the three children could be processed in Toronto and then
they would have to marry within 90 days of her entering the USA.
In my opinion this is the best way to go. The fiancée visa seems
to be issued easier than the "after the marriage has taken place
paperwork". I think this is because there is still a chance for
the US citizen to "not" marry and get out of the deal and the
Fiancée then has to leave. If there is already a marriage, the
US citizen cannot easily revoke the sponsorship if the Foreign
spouse has already got his or her green card.
It is also important that she get all her ducks in order before
applying if she needs to travel across the border. Once the
paperwork is in place, she cannot cross the US border (to Canada,
Mexico or the Bahamas of Haiti, etc. before she has her resident
alien (green) card in her possession.
Your statement that she intends to go to Texas to look for a
house, and eventually marry a Texan, etc., is already enough to
keep her out of the US. If the Homeland Security officer at the
border finds out that she is a fiancée intending to live in
Texas, he or she will likely turn her back because he or she will
assume that she is going to get married there and have him
sponsor her from within the country. In this case, she should
have good paperwork showing that she intends to return to Canada
after her trip. Letters from employers, copies of lease or home
ownership, etc.
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