American Women to Marry a Canadian Man... He is already here on a work visa, does that change the process?

Question

He is a nurse and already is here from Canada on a work visa. Will that change the process since he already lives here, owns a home here and all that?

I am guessing we will still need to apply for this?
Immigrant visa for a Spouse of a U.S. Citizen (IR1 or CR1) - An immigrant Petition for Alien Relative, Form I-130 is required.

Is that correct? I just did not know if him already being here made any difference or maybe moved the process along quicker.

Thanks :-)

We are both divorced and have been..... so bigamy does not play a role here.

He lives here is working here and owns a home... no current wife.

Answer 1

I did the same-my husband was here from Canada on an H1B visa. Being here eliminates the forms that involve permission for him to enter the country. Once you're married you still file the I-130, I-131 (advanced parole-file this if you want to travel outside the country while his application is pending,) I-485, etc. It's the same paperwork that he'd file if he were applying independently for a green card, with the addition of you filing the I-130.

We were told by the attorney to figure about seven or eight months from filing to interview-it was about four weeks from when USCIS recieved the forms until my husband's biometrics appointment. Good luck.

Answer 2

He wants to be a permanent resident meaning he plans to live and work in the USA. You still need to apply: immigration through a family member. He does not need a visa, he needs to adjust status. The process may take a year or year and a half, In the meantime you two can live together.

check this: How Do I Become a Lawful Permanent Resident While In The United States?

Answer 3

If he hasn't been here long enough to obtain his naturalization or citizenship papers, he's an alien.

If he's been here long enough to satisfy the 'residency' clause for the state he's currently living/working in, he is a 'Resident Alien'. If he hasn't, he's a 'Non-Resident Alien'.

Either way, you're going to need that I-130 form.

Answer 4

Bigamy is against the law in the USA