Marrying Canadian citizen - Visa status?

[ctgreen]

I am an H1-B visa holder and have cleared stage 2 of GC with 03/13 priority date. Will be marrying Canadian citizen in summer this year. She is planning to pursue job opportunities in US. Had couple of questions on which I will appreciate help:

1. What is the status that will be best for her to be in US which will also enable her to be added to GC application?

2. Where should she get visa stamped, if needed to come to US? Can it be stamped in India or does she has to go to Canada for same?

Thank you.

[pontevecchio]

1. Nobody gets added. She can file AOS when your dates are current and she is here.

2. Canadian Citizens do not need a visa and get an appropriate I94 at the POE in/for the USA. She can get a H4 I94 at the border after Marriage.

[catx]

2. Canadian Citizens do not need a visa and get an appropriate I94 at the POE in/for the USA. She can get a H4 I94 at the border after Marriage.

 

I am not sure on this last point regarding H-4 visas for Canadian citizens.  (You may well be correct.)  However, over the past few years per my immigration attorney my wife and children have always got their H-4 visas through regular filing of the applicable petitions and then receiving approval.  What is 'different' for Canadian citizens is there is no need to get your visa stamped at a consulate.  Visas can be 'stamped' directly at the port of entry when presenting the associated I-797A notice of approval.

[pontevecchio]

Canadian Citizens do not have to get a visa to enter. They can choose to get one if they want to. My point was that a Canadian Citizen can come to the Border without a Visa and be allowed in without having to show a visa. Maybe they do have a visa stamped in the passport at entry.What you call the paperwork involved is not material. Entry is relatively painless and seamless for Canadian Citizens. That was my point.

[catx]

Canadian Citizens do not have to get a visa to enter. They can choose to get one if they want to. My point was that a Canadian Citizen can come to the Border without a Visa and be allowed in without having to show a visa. Maybe they do have a visa stamped in the passport at entry.What you call the paperwork involved is not material. Entry is relatively painless and seamless for Canadian Citizens. That was my point.

 

Agreed.  You are correct.

[GcLLC]

1. Nobody gets added. She can file AOS when your dates are current and she is here.

2. Canadian Citizens do not need a visa and get an appropriate I94 at the POE in/for the USA. She can get a H4 I94 at the border after Marriage.

 

Sorry to butt in: *IF* OP's fiancee was born in Canada, can't he use her country (Canada) for priority date? 

 

For the second point, it is not clear from OP's post where she is located: in India or Canada. To use point 2, I *THINK* that you have to cross the border from Canada. 

[catx]

Canadian Citizens do not have to get a visa to enter. They can choose to get one if they want to. My point was that a Canadian Citizen can come to the Border without a Visa and be allowed in without having to show a visa. Maybe they do have a visa stamped in the passport at entry.What you call the paperwork involved is not material. Entry is relatively painless and seamless for Canadian Citizens. That was my point.

 

To elaborate on "agreed, you are correct".  A Canadian citizen (with the applicable required documentation) can get certain visas issued directly at an U.S. port of entry with Canada, which consists of a simple entry stamp in their passport with the visa category (e.g. H-4) and expiration data and a corresponding I-94 card with the stamp and expiration date.  No consular stamping or other appointment is necessary.  (My wife and children did this once.)  A Canadian citizen can also go through the regular dependent extension visa application process, e.g. I-539, Application to Extend or Change Nonimmigrant Status.  In that case there are no special agreements between the U.S. and Canada regarding the process and approval.  (Last time the I-539 application for my wife took 8 months for normal processing and approval without any RFE or other issues.)

[pontevecchio]

Good of you to remind the OP. That would help him. He should inform his Lawyer about Wedding plans.

The border crossing is the same for Canadians irrespective of whichever country they may be travelling from prior to the entry to the USA.