If I’m a US citizen and my girlfriend is Canadian and we met at school here, now that she’s moved home could she come back on a student visa for grad school, get married and then apply for a green card?

We’ve been dating for 5 years and I’m looking to get her to the US but I currently don’t have a job since I left to visit her in Canada for 3 months. Do I need a job to apply for the K-1 visa and do we need to be engaged to apply for K-1 visa? We are currently dating and not engaged. Would it be better or faster for her to come visit and get married and return to Canada and then apply for a green card?

Asked on December 1, 2015 under Immigration Law, Illinois

Answers:

SB Member California Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

If she will be in the US you do not need to get a K-1 visa beforehand.  As a Canadian, she can come to the US for further study, you can then get married and petition for her green card, all within the US.


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