US Green Card holder marring a Canadian PR

[chisty7917]

Hi,

I am a US Permanent Resident, having GC since 3 yrs. I would like to marry Canadian Resident (PR) and would like to understand the
1) process to file for his GC
2) how long would it take for him to come to the US
3) and be able to legally "work" in the US.
I would really appreciate if you could please share the required information. Kindly note, both of us have a clean background, no divorce, no kids, etc. We both are IT professionals.
Also, after marriage, will we both we able to visit each other on Tourist Visa? He has US visitor visa for 10 yrs.

Thank you very much!
Best Regards,
RG

[Adrian Gruber]

Hi,

I am a US Permanent Resident, having GC since 3 yrs. I would like to marry Canadian Resident (PR) and would like to understand the
1) process to file for his GC
2) how long would it take for him to come to the US
3) and be able to legally "work" in the US.
I would really appreciate if you could please share the required information. Kindly note, both of us have a clean background, no divorce, no kids, etc. We both are IT professionals.
Also, after marriage, will we both we able to visit each other on Tourist Visa? He has US visitor visa for 10 yrs.

Thank you very much!
Best Regards,
RG

The Legal Immigration Family Equity (LIFE) Act provisions of 2000 created the V nonimmigrant category that allow the spouse or child of a permanent resident to live and work in the United States while waiting to obtain immigrant status. To qualify for a V visa, the spouse or child of the permanent resident needs a Form I-130, Petition for Alien Relative, filed on their behalf on or before December 21, 2000 by the permanent resident relative. The spouse or child also must have been waiting for at least 3 years after the form was filed for their immigrant status—either because a visa number was not available or because we had not yet adjudicated the Form I-130 or Form I-485, Application to Register Permanent Residence or Adjust Status. In most cases, V nonimmigrants will eventually adjust status as the spouse or child of a permanent resident when a visa number becomes available and the Form I-130 and Form I-485 have been adjudicated.
may be eligible to receive a green card as a V nonimmigrant if you:
You may be eligible based on the following criteria:
Are the beneficiary (as the spouse or child) of an immigrant visa petition that was filed by a permanent resident by December 21, 2000
Obtained V status either in the United States or abroad and have continuously maintained your status while in the United States
Continue to remain eligible to adjust status as the spouse or child of a permanent resident (or U.S. citizen, if your spouse or parent has now naturalized)
Have an immigrant visa immediately available
Are admissible to the United States

[chisty7917]

US Green Card holder marring a Canadian PR

The Legal Immigration Family Equity (LIFE) Act provisions of 2000 created the V nonimmigrant category that allow the spouse or child of a permanent resident to live and work in the United States while waiting to obtain immigrant status. To qualify for a V visa, the spouse or child of the permanent resident needs a Form I-130, Petition for Alien Relative, filed on their behalf on or before December 21, 2000 by the permanent resident relative. The spouse or child also must have been waiting for at least 3 years after the form was filed for their immigrant status—either because a visa number was not available or because we had not yet adjudicated the Form I-130 or Form I-485, Application to Register Permanent Residence or Adjust Status. In most cases, V nonimmigrants will eventually adjust status as the spouse or child of a permanent resident when a visa number becomes available and the Form I-130 and Form I-485 have been adjudicated.
may be eligible to receive a green card as a V nonimmigrant if you:
You may be eligible based on the following criteria:
Are the beneficiary (as the spouse or child) of an immigrant visa petition that was filed by a permanent resident by December 21, 2000
Obtained V status either in the United States or abroad and have continuously maintained your status while in the United States
Continue to remain eligible to adjust status as the spouse or child of a permanent resident (or U.S. citizen, if your spouse or parent has now naturalized)
Have an immigrant visa immediately available
Are admissible to the United States

Hi,
Thank you for your response! However, some of the questions are still unclear -
a)What will be process and apprx. "time period", if we get married in the near future (Neither on or before Dec 2000)
b)Is there a way to get Conditional Green Card status for the spouse? If so, how long does it take for conditional GC approval?
c)When would the spouse be eligible to Enter in the US?
d)When would the spouse be eligible to legally work in the US?

Thank you!
Regards,
Rekha

[Adrian Gruber]

Hi,

I am a US Permanent Resident, having GC since 3 yrs. I would like to marry Canadian Resident (PR) and would like to understand the
1) process to file for his GC
2) how long would it take for him to come to the US
3) and be able to legally "work" in the US.
I would really appreciate if you could please share the required information. Kindly note, both of us have a clean background, no divorce, no kids, etc. We both are IT professionals.
Also, after marriage, will we both we able to visit each other on Tourist Visa? He has US visitor visa for 10 yrs.

Thank you very much!
Best Regards,
RG

Hello Christy, there are several conditions in obtaining "Adjustment of Status". Please understand that I am not an attorney!
There are many variables, first this person you are engaged to, before you start the process consider marrying first. If you you sponsor this person while you are not married and you marry while the process is ongoing you may have to re-apply.
Since you are both professionals consider your partner filing by himself, if you do it together and you are sponsoring him you will need to take the following steps.
If you are married then you will need to "PETITION FOR IMMEDIATE RELATIVE/FAMILY/SPOUSE". The key word here is "IMMEDIATE" This is called Petition I-130 here is the link:

https://www.uscis.gov/i-130

The link explains whats required and the petition costs $420 to file. Also you may be required to provide an affadavit of support.
You /him will need to apply for an "EAD" Card Employment Authorization card, here is the link for that: https://www.uscis.gov/i-765
The EAD link is pretty self explanatory.
Next you will need to file for AOS "Adjustment of Status" this is the same thing you had to do, I recommend that you file concurrently. This application is called the I-485 and here is the link for that"

https://www.uscis.gov/i-485

The I-485 costs $1070 and this fee includes the F.B.I. background check and finger printing.
Since your intended resides in Canada you will probably file through the nearest US Embassy in Canada. If he is a Canadian Citizen than thats the country of chargeability for his visa.
A benefit of marriage may provide a faster processing time and on the plus side he is a professional in high demand.
Time frames. If and when you both file and all backup is correct, the Petition and applications are correct will determine whats called "PRIORITY DATE"!
Priority Date is what USCIS uses to process applications. Usually USCIS processes I-130 in 5 months. The EAD is usually fast and may take weeks. The AOS takes maybe a year.
Good luck.

[newacct]

You can petition him by filing I-130. Then wait about 1.5 years for a visa number to become available in the F2A category. At the end, he will go through the US consulate in Montreal to get an immigrant visa. The moment he enters the US on that immigrant visa, he immediately becomes a permanent resident, and can work and have all the other rights of a permanent resident.