Legal Question in Immigration Law in Ohio

Re: Marriage

Hi,

I just read your question, as well as the reply posted to it, and would suggest you consider the following before proceeding with your potential immigration case.

Please note that, to intentionally come to the USA w/a B1/B2 visa (premised on non-immigrant intent), while actually having immigrant intent (i.e., to marry a USC) may violate the law.

Additionally, to deliberately mislead a Border Patrol agent, or other federal officer, about the above facts, may also constitute another legal infraction.

I would suggest you consult http://www.uscis.gov regarding how to legally petition for a potential alien spouse.

It's better to take longer, and do things properly, than open up a whole can of worms.

Of course, the above comments concern the visa petition process, generally, and do not constitute legal advice or representation regarding your situation specifically.

Good luck,

FIL

Re: Marriage

It depends on how long you want to wait for your spouse to join you in the U.S. You can marry your spouse in Canada and then take him to a U.S. consulate there for processing. It will likely be 6 to 12 months before he can join you here in the U.S.

Your alternative is that he can come visit you in the U.S., suddenly decide to marry you here in a civil ceremony (you can then a religious ceremony in Canada or U.S. later), and then apply to adjust his status to permanent residency while in the U.S. The advantage of this second option is that your spouse will join you here in the U.S. immediately. However, your Canadian spouse cannot tell the U.S. border officer that he has a plan to marry you when he enters. Feel free to call me at (440) 892-3374 or e-mail me at [email protected] if you have more questions.

Harold L. Hom

Gemini Towers I

1991 Crocker Road, Suite 600

Westlake, Ohio 44145

Tel: (440) 892-3374

Fax: (440) 892-3375

E-mail: [email protected]