Legal Question in Immigration Law in New York

Re: Canadian Marrying an American

Recent delays in an adjustment of status encouraged some applicants to choose consular processing as it faster and easier. Generally, the time frame for Consular Processing is quicker than Adjustment of Status and has lower risk of refusal. Essentially, denial of visa at U.S. Consular is non-reviewable, non appealable order. An alien who chooses to apply for Consular Processing has no benefits of a work permit and advance parole. If an alien is already in U.S. and applies for Adjustment of Status, he must reside in the United States at the time of filing of I-485 and has the benefits of a work permit and advance parole. Also, denials of adjustment of status can be challenged through administrative and judicial appellate process.

If you have additional questions, you can contact me directly.

Re: Canadian Marrying an American

You can apply for either the K-1 fiancee visa or the K-3 spouse visa, both of which are taking approximately 7 months to get approved in the U.S. After this period, your case will be transferred to the US consulate in Canada where you'll be scheduled for an interview.

If you are already in the U.S., then an adjustment of status is an option, keeping in mind the following important article:

http://www.msclaw.com/index.php?mact=News,cntnt01,detail,0&cntnt01articleid=3&cntnt01returnid=71

Re: Canadian Marrying an American

If you got married in Toronto, you would have to wait in Canada for the papers to be processed before coming to live in the US. Otherwise, you can apply for a fiance visa, which is taking about 7 months to process. After that, you will have to get the visa, and then apply for your green card after you get married in the US. There are very specific rules regarding fiance visas though, so I would recommend consulting with an attorney prior to filing for this visa.

Keep in mind, that you cannot come into the US intending to get married without the fiance visa. You will be denied admission at the border.

If you have further questions, do not hesitate to contact me.