Help Needed!

[Patrik17]

Hi everyone,

I would like to start off by saying thank you for your help.

Me and my fiancé are planning on getting married with a small ceremony around April or May 2021. We have been together for almost 2 years. My fiancé lives in Canada and i live in Montana. We decided we wanted to settle down and become a family, especially since covid has made is super hard to travel back and forth. My fiancé is going to travel here and we are going to get married and apply for his permanent residence while my fiancé resides with me. I am currently employed as a full time CNA.

I would like to get advice on correct way to apply, fees, timelines, eligibility to sponsor, can my fiance apply for a work permit while he waits for his permanent residence application to be processed and anything else i missed to cover that you think i should know.

Thank You!

[manhattanite]

How does your fiancé plan on entering the US? Do they have a K1 visa?

Note: It is considered immigration fraud to enter the US under a B2 tourist status with intent to adjust status.

[Donald_Trump]

Patrik17 You would need to file I-130 petition for your spouse. It can be done online

Fees and other info is provided.

For eligibility of support (I-864) which will be needed at a later time (I guess after I-130 has been approved) and at the time of AOS filing,

[Patrik17]

@manhattanite Yes the plan was for my fiance to come down as a tourist and apply. I did not know i needed to apply for a K1 Visa.

[ember]

Hi Patrik,

It is not permitted to enter the US as a tourist with the intent to marry and remain. You can file for a K-1 visa so your fiance can enter the US to get married/apply for a green card or you can get married and then your spouse would wait outside the US while you file an I-130 and then they could apply for a green card to enter the US. The fiance visa is quicker but in that case your spouse cannot work until they get work authorization (6-10 months after applying for a green card these days because of COVID delays).