Legal Question in Immigration Law in Florida
I am a US Citizen residing in the US. My girlfriend is a Canadian Resident who also has a residence in Naples Florida. She would like to remain in the US for longer than the required 6 months (182 days) allowed for Canadian citizens. I understand there is a Spouseal document that permits her to remain longer if in fact she marries a US citizen. But, that document requires she gets married within a specified time? We would like to take our time before we make this commitment. Is there a Green card she can apply for or some other document that permits her to remain longer than the 6 months? She does notintent to work nor go to school (66yrs) She also has a residence in Ontario and Naples. She has been doing the 6 months for the past 24 years. We do intend on marrying but not as soon as this spousal permit requires. Is there something else available. If so we will obtain an attorney for this. Thank you
2 Answers from Attorneys
Hello - please call me toll-free at (800) 750-1828. Kind regards, RDM
Unfortunately, there is no sort of "spousal permit, as you refer to. If a foreign national marries a U.S. citizen, and has made a lawful entry into the United States, then, once married, the U.S. citizen spouse can petition the foreign spouse for a "greencard". However, there is nothing to temporarily extend her admission into the United Sates.
If she overstays her admission period, but marries a U.S. citizen, she can still apply for U.S. Permanent Residency. However, if she falls out of status prior to her "greencard" application being filed, she cannot work during the interim period of time & would be considered here unlawfully during that interim period of time.
If you have any questions, please feel free to contact me.
Thank you.
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