I am Canadian, I visited USA and married my American boy friend. Someone told me I could give my American Marriage Certificate and get a visa immediately, is this true?

July 9th, 2010 by admin | Filed under CR-1, Green Card, I-130, I-485, Spousal Visas.

Coming to USA on a Visitor Visa, and getting married to your Fiance is not a problem as long as you return to Canada. To come to America on a visitor visa, and getting married with the “INTENTION” of remaining in the USA is a problem. It is a violation of the terms of your visitor visa.

What you should do is ask your Husband to file for a spousal visa for you. It may take about 8 months to be granted. While it is pending, you can still use your visitor visa (as long as it still has time left) and come and go. Then when your are scheduled for your interview at the US embassy nearest your Canadian residence, you attend the interview and get your visa.

The Visa to a apply for is a CR-1, conditional residency. The good news is that when it is granted you are also granted your green card, so you can come to the USA, rejoin your husband and go to work straight away.

In the mean time, DO NOT do anything to violate the terms of your visitor visa. Do not overstay, do not illegally work.

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