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My Fiancé is Canadian and I'm green card holder

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  • My Fiancé is Canadian and I'm green card holder

    Hello guys,
    Hope you guys doing okay with COVID-19,
    I believe there are a lot of couples like us in the COVID-19 situation,
    My fiancé is Canadian and I'm a green card holder in the US. We've been dating since 2017 and we promised our future later 2019 before COVID-19 happened.
    We haven't seen each other for more than a year now and we are just hoping to open the border as soon as possible.
    The thing is she doesn't have a visa to come back to the US which means she needs to come back here as a traveler only for 6 months.
    We are thinking about getting married in the US as soon as the border re-open (after 90 days period), but I would like to know if there's another way that we can legally stay together in the US.
    What kind of visa can she get? and is she able to getting married as a traveler?
    Any thoughts and help would be helpful for us,
    Many thanks in advance,

  • #2
    The US has not been "closed" to tourists entering by air, now or any time in the past year (as long as the person has not been to Mainland China, Iran, the Schengen Area, the UK, Ireland, Brazil, or South Africa in the preceding 14 days). So she could simply fly to visit you in the US with her Canadian passport at any time; she just needs to have a negative COVID test before boarding the flight. Of course, whether it is a good idea to visit the US right now is a separate question. And she would need to quarantine after she returns to Canada.

    As for immigrating, a fiance visa and a spouse immigrant visa (after marriage) are both options. She should not enter as a visitor with preconceived intent to apply for Adjustment of Status on that stay.

    This is my personal opinion and is not to be construed as legal advice.

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