Following the marriage, the Canadian must seek for permanent residency. A foreign national has the right to reside and work permanently in the United States as the spouse of a U.S. citizen. The foreign national does not need to be granted asylum or any other form of humanitarian relief.
In addition to satisfying the years-long residence requirement, an applicant must show that they are admissible into the United States. In general, persons who violate American immigration law are inadmissible into the country. Certain crimes may also render an alien inadmissible. For example, murder is grounds for exclusion regardless of whether it was intentional or not. Crimes involving moral turpitude (including drug trafficking) can also result in exclusion from the United States. Exclusion proceedings are usually conducted by the Department of Homeland Security (DHS).
Spouses of U.S. citizens may apply for temporary resident status. This type of visa allows them to come to the United States for a specified amount of time, such as to visit family or pursue job opportunities. Spouses of U.S. citizens must meet several requirements to be eligible for this type of visa. For example, they must prove that they intend to return to their home country after the time expires and that there is no way they could obtain a valid visa from another country.
There is no automatic entitlement to permanent residency or citizenship in either the United States or Canada just because you are married. All advantages must be requested. Many people are unaware of this and may just relocate to another nation. Spouses can apply for their own permanent residence permits if they meet certain requirements, but this would not affect the status of the original application.
It is possible to get married in a church in Canada or the United States and many citizens from both countries do so every year. But only marriage in a court is valid under Canadian law. If you are living in Canada and your husband or wife is living in the United States, there is no way for them to go through the proper channels to make their marriage legal here. They could try to do it indirectly by getting divorced, but since they wouldn't be able to prove that the marriage existed, they might find themselves in trouble when they attempt to re-enter the U.S. legally.
Asking about marrying an American can be done without going into too much detail about what marriage means. Most Canadians and Americans who ask this question are looking for a way to stay in Canada or America longer than two years. Since these are usually busy people who don't have time to prepare proper documents, it's easy for them to be taken advantage of. Make sure you know exactly what you are asking for before you accept someone as a spouse.
Unlike most other immigration lawyers, we can handle both Canadian and U.S. immigration issues. In both the U.S. and Canada, there is no automatic right to permanent residence or citizenship just because you are married. However, if you meet certain requirements, we could help you obtain a visa for your spouse.
In addition to helping individuals apply for visas, our team of experienced immigration attorneys also handles post-permanent residency application matters such as naturalization applications, citizenship applications, removal proceedings, and appeals. We also offer advice on employer-sponsored programs such as PERM labor certifications, H-1B petitions, and O-1 and E-1 visas.
If you would like more information about how we could help you achieve your goals of living in the United States, contact us today by sending us an email at [email protected] or by calling 415-908-4000.
Canadians can get a green card as a permanent resident by marrying a US citizen or being an immediate relative of a US citizen. The procedures you must take to apply for a green card will vary depending on your scenario. Each of the immigration alternatives mentioned above has its own set of application criteria. It is important to understand these requirements before filing an application.
If you are married to a US citizen, then they will be able to apply for a visa for you. Your spouse will need to provide evidence that they can support you financially and that they will not become a public charge if granted residency status. They will also need to show that they have been in the United States for at least five years prior to your arrival or during any period of temporary residence permit.
As for immediate relatives, they too must meet certain requirements to be considered for a visa. Immediate family includes parents, children, spouses, and siblings. So, for example, if you are a parent who can prove that you have been separated from your child for more than six months but less than two years, then you would be eligible for a visa. The same goes for your sibling - if they can demonstrate that they have not been together for at least six months, then they would be eligible for a visa.
In addition to meeting all the required criteria, applicants may be invited to attend a personal interview where the officer will be able to see whether you are a risk to public safety.
In most cases, a Canadian citizen who marries a US citizen is eligible to seek for permanent status. The U.S. citizen spouse will file a "Petition for Alien Relative" form with the USCIS, requesting that the Canadian spouse become a permanent resident of the United States.
If an illegal immigrant departs the United States before this date, he or she may be barred from returning for three to 10 years. This is all determined by how long your spouse has been in the United States illegally. The spouse may have entered the United States illegally, but that does not exclude him or her from applying for a green card.
Ascertain that everyone in your family is legally permitted to reside and work in Canada. Sponsor your spouse to become a permanent resident of Canada. They must sponsor their spouse to become a Permanent Resident in order to return to Canada (PR). This implies that their spouse can live, work, and get health-care services in Canada. Proof of sponsorship will be required at time of application for a PR card.
In addition, you will need:
$500 deposit, which will be refunded upon proof of employment when applying for a work permit
If your spouse has been convicted of a criminal offense, the Ministry of Citizenship will not accept his/her application. You will also need to prove that they have the financial means to support themselves and that there is no one else who can take care of them.
The process takes about 12 months from the date of application submission until you receive your visa or residence permit. However, this period may be extended if additional documents are required by the Immigration Office.
Your spouse will be given a residency permit during their first year after becoming a permanent resident. If your spouse loses their job before completing one year with an appropriate employer, they will be required to leave Canada.
Generally speaking, if you hold a valid passport and a return ticket to Canada, you can apply for a re-entry permit.