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Marriage between US Green card & Canadian PR holder

psc

Star Member
Nov 14, 2013
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Toronto
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Hello,

I am a US green card holder & in process of getting married to a Canadian PR, will we both able to maintain our status & can my future spouse apply for US green card after marriage ,while he is still a Canadian PR,please advice?

Regards
SPC
 

meyakanor

Hero Member
Jul 26, 2013
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Bringing him to the United States would take longer than bringing you to Canada.

But you becoming a Canadian PR would almost for sure put your green card status in jeopardy. And either way, you would have to live separately for a while.

Depending on how far is your husband to qualifying for Canadian citizenship, I can picture one possible path of making this work:
1. Get married
2. File an I-130 petition for your husband
3. It would take about 2.5 years for his visa number to become current, and another year for processing, so while waiting out this 3.5 to 4 year process, your husband should make it his priority to become a Canadian citizen (it would require 1,096 days of physical presence in Canada within the past five years)
4. Once his application is approved (would about 3.5 to 4 years after filing I-130), your husband will then enter the US as both Canadian citizen + US green card holder

The problem with this plan is that you would be living separately all the years that he's waiting for his visa number to be current + interview.

If you both have decided that you want to settle in Canada instead, you can minimize the separation (basically you can join him in Canada tomorrow if all goes well, or you can apply outland and live separately for 12 - 18 months).

But going the Canada route would most likely jeopardize your green card status, since it would be very hard to maintain your green card while at the same having Canadian PR application in-process.
 
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psc

Star Member
Nov 14, 2013
123
3
Toronto
Job Offer........
Pre-Assessed..
This is very informative thank you so much really appreciate such detailed help.
I forgot to mention in my question that ,
I currently qualify to apply for US citizenship but due to medical reasons I have postponed for sometime.

My spouse to be will be eligible in one year to apply for Canadian citizenship.
Looking at current situation we intent to settle in US.
 

lampbreaker

Champion Member
Apr 7, 2015
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This is very informative thank you so much really appreciate such detailed help.
I forgot to mention in my question that ,
I currently qualify to apply for US citizenship but due to medical reasons I have postponed for sometime.

My spouse to be will be eligible in one year to apply for Canadian citizenship.
Looking at current situation we intent to settle in US.
You should get your US Citizenship first and then get married. Sponsoring him as spouse of USC will be much faster than spouse of LPR (GC).