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I am a US permanent resident, got married in Sri Lanka. Can my Canadian citizen spouse come with me to the US under visa waiver?
Anonymous7 views3 answers
I am a US permanent resident, wife is a Canadian citizen. We got married, and I plan to return to the US, and my wife wishes to visit me for 4 months (she has a return ticket dated January 2016). When we enter US, should we go to the counter together in the green card line, or should I let her go separately in the visitor line?
I want to file the I-130 for her ASAP. If I file when she's in US under visa waiver program (which is non-immigrant intent), can she be accused of visa fraud later in the process?
She also wants to look for a job in the US so that eventually she can stay longer until GC process completes (which is now ~1.5 years).
Your spouse will need to enter in the non-citizen/lawful permanent resident line as she holds neither. Your spouse may visit the United States assuming CBP allows her to enter but she may not remain beyond her authorized stay. You may file the immigrant visa petition on her behalf but that confers no right for her to remain in the country beyond her authorized stay. She would be unable to adjust her status if she remains unlawfully. She may look for employment but would need to return on the appropriate visa. Please keep in mind that not all employment-based no immigrant visas allow for dial intent.
I concur with the recommendation of my distinguished colleague. She explained the law, and as you can see the situation is very complex, so you really should retain an experienced immigration attorney. Good luck.
Your spouse may counter problems at the port of entry since she is married to a permanent resident. She will need to convince CBP that she is truly a visitor and not intending to remain in the US on a permanent basis. However, you have already indicated that you are planning to file the FORM I-130. If that is the case, your spouse may be committing fraud at the port of entry.
