Canadian (Indian) boyfriend US resident & myself (British) want to marry

[wendyann]

Hi Can anyone help?

My boyfriend is a Canadian Citizen (Native Indian) He has been living and working in the US for 12 years. I am British, and still live in England.
We have been in a relationship for 2 years and have both visited each other.
Now we want to get married in the US and reside there.

Does anyone know how we can do this legaly?

Thankyou for any advice

[kevinkallis]

Getting married is not a problem. But in what legal status he is in US is very important. Is he a green card holder? Please give more information so that we can be of help

[wendyann]

Canadian (Indian) boyfriend and myself (British) want to marry

My Canadian (Indian Boyfriend) who has been working in the same job in the US for 12 years - paying US taxes - has a US driving licence, and living in the US for 6 years. Is also in the process of buying a home.

Today he went to the Immigration Dept to be registered as a US Citizen.
He has been given a temporary resident card, and was told by the officer - That even though 'he is' recognised as a duel Citizen - Both Canadian and American (due to his his Indian status)

And she said herself - That he is recognised as a US Citizen.
Then why now does he have to wait 5 years for his Citizenship?
This is crazy

Please can anyone point us in the right direction, or any other web sites/human rights that might be able to help?

I guess this means we cannot get married for another 5 years? Thats like denying someones right to live a normal - happy life.

[nwctzn]

How did your friend enter the US from Canada? Did he immediately establish record and got permanent resident status or not?


I assume the normal procedure is first to get the permanent resident status and then citizenship in 5 years. So you need to know if your friend is meeting this criterion.

[wendyann]

Thankyou for your reply and useful link

He entered the US 12 year ago as a resident and a permanent employee, and presumed that that was enough. There were no forms signed etc as he knew that he had duel nationality status, so did not think anything other.

It was only when he tried to apply for a US passport that he realised that he had to have some paperwork from the US government. Even when he went to the immigration office a couple of weeks ago, he still beleived that he would be entitled to instant Citizenship, and not have to wait the 5 year?

After all he is the only true native of the country (and not an alien)
Seems so unjust, he debated his status with the lady at the immigration office, because of the jay treaty - But there does not seem to be any provision for the native American?

Thankyou for your time
regards
Wendy

[nwctzn]

He entered the US 12 year ago as a resident and a permanent employee, and presumed that that was enough. There were no forms signed etc as he knew that he had duel nationality status, so did not think anything other.

It was only when he tried to apply for a US passport that he realised that he had to have some paperwork from the US government. Even when he went to the immigration office a couple of weeks ago, he still beleived that he would be entitled to instant Citizenship, and not have to wait the 5 year?

After all he is the only true native of the country (and not an alien)
Seems so unjust, he debated his status with the lady at the immigration office, because of the jay treaty - But there does not seem to be any provision for the native American?

Thankyou for your time
regards
Wendy

This is kind of strange since it looks like as soon as he entered the country his permanent residency should have begun and there should not be a 5 year extra waiting period now.

I would suggest that you talk to an immigration lawyer about your case.