American/Canadian Marrage

Vermont Viewed 678 times. Posted about 1 year ago in Immigration

I am an American. I have a Canadian fiancee. We want to get married but we do not know were we are going to live yet. (US or Canada). She has a good Job in Canada and I have a good job in the US. We were thinking of getting married in Canada this summer and also getting married in the US. Is this possible? For at least the next few years we are planning on continuing our current relationship status. I come up and visit on weekends, holidays and so on. In 2 to 5 years we will decide on who will move were. She speaks and writes both english and french and I speak english and am learning the french language. Can you give us some advice as to the best way to go about this. Can we both become dule citizens? - Is this your question? Add additional information

Answers (2)

Anthony John Colleluori

This attorney is licensed in New York. Posted about 1 year ago.

It sounds as if you have already worked a lot of this out. I see no reason why you could not get married in Canada and renew your vows in the US. Now dual citizenship can be a problem for your wife more than yourself. The US no longer requires US citizens to give up their US citizenship when they take dual citizenship unless the host country requires them to do so before a counsel officer. Canada doesn't do that.

On the other hand, the US as part of its citizenship oath requires naturalized citizen's to renounce their allegiance to their country of origin. The home country does not have to recognize this and can demand that their citizens continue to follow their laws. The US State department no longer seems to care about this, however that is not law, just policy.

In short, given the close relationship between our two countries, and the relaxed views of dual citizenship, it seems like you will have the state departments blessings.

I am adding a link I found helpful.

Good Luck

Dual Citizenship FAQ

Craig Edward Kennedy

This attorney is licensed in Washington. Posted about 1 year ago.

Short answer. It's probibly easier to get married in the United States and apply for permanent residency in the United States. Problem is, when you get married and file your I-130 for your new wife's American Permanent Residency, she will be stopped coming into the Untied States if she tries to visit you in Vermont as a tourist (B-1/B-2).

So while she will be trying to enter as a non-immigrant tourist, USCIS/ICE's computer's will show her as a pending 'immigrant' and the conflict between the two types of status will get her denied entry into the U.S.. So, you may have to go up and visit her in Canada for a while. Once she gets her inspection in Toronto, Montreal , etc. and enters the U.S. on her I-551 stamp in her Canadian Passport, then she can freely travel between the countries. Caution - the I-551 stamp (... later to be issued as a green card) takes between 18 to 24 months on average right now, so prepare for a long haul in going back and forth to Canada.

Now, frankly I'm not sure about how Canada will view YOUR application for permanent residency there, and if they will let you in and out of Canada while your application is pending. So, before you apply for your Maple Leaf Card, I recommend you either contact Immigration Canada or hire a very good Immigration Solicitor in your spouse's Eastern Province.

If you just want to be safe, you just might want to file for one spouse at a time. An once you both become permanent residents, yes you can both become Dual Residents if you wish..but permanent residency is usually enough.

Here's the link to Immigration Canada:

http://www.cic.gc.ca/english/index.asp

Enjoy your lives with one another! I hope this helps.