Orlando, FL asked in Immigration Law for Florida

Q: Can I marry my foreign fiancé in Canada )I’m American he’s not ) then apply for adjustment of status when in USA?

From what I understand marrying a foreign national under visa waiver program and then adjusting status ALL in the USA is considered visa fraud and could complicate matters . If we went to Canada to get married then returned to the US and adjusted status would this be acceptable ? Marriage would not be performed in the US and no marriage took place while he was on visa waiver

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3 Lawyer Answers

Kevin L Dixler

Answered
  • Immigration Law Lawyer
  • Chicago, IL

A: Your fiancé seems in the awkward and unenviable position of being caught in a Catch 22. He may have to consular process.

I strongly recommend an appointment or teleconference with a competent and experienced immigration attorney before there are any other complications. Good luck!

The above is general information, not legal advice, and does not create an attorney client relationship.

Kevin D. Slattery Esq.

Answered
  • Immigration Law Lawyer
  • Tampa, FL
  • Licensed in Florida

A: A consultation with a competent immigration attorney is advisable. An experienced immigration attorney can explain the various paths to permanent residency for your spouse that comport with the law, including immigrant visa consular processing or fiance(e) visa processing. Again, considering scheduling an appointment with a lawyer. Congratulations on your impending nuptials!

Stephen Arnold Black

Answered
  • Immigration Law Lawyer
  • Orlando, FL
  • Licensed in Florida

A: You should follow the strict letter of the law so no snafus or delays or denials result in your application processing. Discuss with counsel here in Florida about the best path to a positive result.

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