Legal Question in Immigration Law in Missouri
getting started
I think my question is pretty simple. My boyfriend and I plan on getting married. The only problem is that he lives in Canada. All I really want to know is where in the heck do you start???? He wants to come here to live but neither of us have a clue as to how to start the immigration process. I feel so overwhelmed by all of this. Can you just point me in the right direction?
1 Answer from Attorneys
Fiancee (K) Visa or marry first
If you want your boyfriend to come to the U.S. and have the wedding ceremony here in the U.S. you can apply for a "K" visa which allows him to enter the US as a fiancee of a US citizen and provides that after entry the marriage must take place within 90 days. The second option is to marry your boyfriend in Canada and you can obtain a CR1 (Conditional Resident) permit for him which allows his entry as the immediate relative of a US spouse. There is one case, Matter of Ibrahim, where the intending spouse entered the U.S. as a visitor and the marriage took place here. The BIA ruled that so long as the only adverse factor was that the spouse misrepresented entering the US as a visitor when in fact the alien intended marriage the adjustment of status could take place in the U.S. This is not advisable, however. Suggest you try either the K visa or CR-1. If you need specific information on where to obtain the forms you can email me at [email protected]. There is an 800 number for INS where you can order the forms yourself. Hope that helps.