Legal Question in Immigration Law in Missouri

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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?


Asked on 4/16/98, 10:07 pm

1 Answer from Attorneys

Stanley Spring Spring & Spring, LLC

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.

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Answered on 5/05/98, 5:27 am


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