+1(514) 937-9445 or Toll-free (Canada & US) +1 (888) 947-9445

Canadian citizen Marrying an asylum pending in USA

Innocentm1

Member
Jul 15, 2020
10
1
Hi ,

what do I need to know before I marry my fiancé who is in USA as an asylum seeker with a-pending status?

1) do I need a fiancé visa to go and marry him? (He is not a citizen no a green card holder)

2) can I just travel there , marry him , once we have a marriage certificate sponsor him to Canada?And how long can this take

3) how can I stay with him there in USA Legaly if I just visit as a tourist and marry him) I am a Canadian citizen.

what do I need to know please
 

scylla

VIP Member
Jun 8, 2010
93,658
20,946
Toronto
Category........
Visa Office......
Buffalo
Job Offer........
Pre-Assessed..
App. Filed.......
28-05-2010
AOR Received.
19-08-2010
File Transfer...
28-06-2010
Passport Req..
01-10-2010
VISA ISSUED...
05-10-2010
LANDED..........
05-10-2010
Hi ,

what do I need to know before I marry my fiancé who is in USA as an asylum seeker with a-pending status?

1) do I need a fiancé visa to go and marry him? (He is not a citizen no a green card holder)

2) can I just travel there , marry him , once we have a marriage certificate sponsor him to Canada?And how long can this take

3) how can I stay with him there in USA Legaly if I just visit as a tourist and marry him) I am a Canadian citizen.

what do I need to know please
1) No, you would simply marry him in the U.S.
2) Yes, you can do that. Expect that processing of his application will take at least a year and potentially longer due to his status in the U.S. Your relationship may be scrutinized more closely due to the asylum claim.
3) You can stay as a tourist temporarily but not live there.
 

Innocentm1

Member
Jul 15, 2020
10
1
Thanks a lot , what should I do if I would I want to live there , after traveling and marrying him? Or will I have to be coming in and out until either he is granted asylum or I sponsor him?

what can do to live there? Any ideas
 

scylla

VIP Member
Jun 8, 2010
93,658
20,946
Toronto
Category........
Visa Office......
Buffalo
Job Offer........
Pre-Assessed..
App. Filed.......
28-05-2010
AOR Received.
19-08-2010
File Transfer...
28-06-2010
Passport Req..
01-10-2010
VISA ISSUED...
05-10-2010
LANDED..........
05-10-2010
Thanks a lot , what should I do if I would I want to live there , after traveling and marrying him? Or will I have to be coming in and out until either he is granted asylum or I sponsor him?

what can do to live there? Any ideas
If you want to live in the U.S. now, then you would need to qualify and apply for a visa that allows you to do that. This would need to be either a work permit (which requires you to have a job in the U.S.) or for a study visa (which would require you to be ready to pay international student fees to attend school there). Alternatively, you would need to wait until your partner's asylum claim is accepted and he's able to sponsor you for a green card.

It's a very bad plan to try to "live" in the U.S. as a tourist by coming in and out of the U.S. periodically to try to reset your time there. Sooner or later you'll be stopped by U.S. immigration and you may even end up with a re-entry ban. All you are allowed to do is visit. This means you should be spending more time outside of the U.S. than inside of the U.S. in any given year. Don't abuse your tourist privileges. The U.S. is very unforgiving when it comes to this.
 

canuck78

VIP Member
Jun 18, 2017
53,267
12,858
If you plan on visiting your future spouse in Canada you will have sure you still meet things like the residency requirement to keep your healthcare coverage in Canada or you'll need to reapply and there is often a wait period. How are you supporting yourself? To sponsor your spouse you'll need to show you can support your family without government help and that you'll be returning to Canada. It doesn't sound like your future spouse may be able to work legally in the US. If you are visiting you won't be able to work as well. If you have proof of significant savings to show you can support your family while visiting your spouse in the US for a large portions of the sponsorship period that would be an option.
 

TT6

Full Member
Jul 7, 2020
20
6
Hi ,

what do I need to know before I marry my fiancé who is in USA as an asylum seeker with a-pending status?

1) do I need a fiancé visa to go and marry him? (He is not a citizen no a green card holder)

2) can I just travel there , marry him , once we have a marriage certificate sponsor him to Canada?And how long can this take

3) how can I stay with him there in USA Legaly if I just visit as a tourist and marry him) I am a Canadian citizen.

what do I need to know please
Hello, I have been in this exact situation with my husband. If you have any further questions let me know. I did send you a direct message. Thanks!
 

Miric

Newbie
Jan 8, 2023
1
0
Hello, I have been in this exact situation with my husband. If you have any further questions let me know. I did send you a direct message. Thanks!
Hi, would you be able to send me some information as well? I would like for him to move to Canada. Thanks for any help you can provide.
 

canuck78

VIP Member
Jun 18, 2017
53,267
12,858
Hi, would you be able to send me some information as well? I would like for him to move to Canada. Thanks for any help you can provide.
Are they living illegally in the US or do they have status? Have they claimed asylum? How much time have you spent together in person? Have you many times have you visited him in the US? Are you already married? Do they have family in Canada? W HR at is your status in Canada?