If I get married in Canada, will my spouse get a green card to live with me in the USA?  ?

I've been trying to find an answer to this question but I can't find any information on this subject. Please, ONLY legitimate answers.

I've been dating a girl from China for about a year now and I am an American. We were talking about getting married when we both get enough money to plan for this but due to tensions between China and the USA, it is very difficult to get a visa to visit here and to immigrate to the USA. She said that it is much easier for her to get a visa for Canada and I know that you don't have to be a Canadian citizen to marry in Canada.

My question is, would it be possible to marry her in Canada and use her green card to legally live in the USA with me or have an easier time immigrating to the USA or would I have to immigrate to Canada? Any help would be much appreciated.      

Update:

If anyone that has done this before either from an Chinese citizen or an American citizen point of view or a Canadian citizen that knows local laws better than I do  would be most appreciated.  

8 Answers

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  • 8 months ago
    Favourite answer

    If the two of you have a real-life relationship and you have a steady job making at least $22,000 per year with three years of income tax returns to prove it then you can sponsor her for a fiancee visa:

    https://www.uscis.gov/greencard/fiancees

    If the two of you want to marry first (there are advantages to doing that) then where the two of you marry is not important as long as it is a real wedding with a government-issued marriage license. If the original license is not in English it has to be officially translated.  She stays in her home country while you sponsor her for the spouse visa. The income requirement is the same as for the fiancee visa:

    https://www.uscis.gov/family/family-us-citizens/br...

    Note the two of you can meet in a country that does not require visas for either of you.  

    https://en.wikipedia.org/wiki/Visa_requirements_fo...

    Just check the requirements to get married, AND check the requirements for any countries she needs to transit on the way.  For example, there are a number of countries in the Caribbean that do not require PRC citizens to have a visa and where the to of you can not only easily marry but the marriage license will be in English. However, the normal route from Asia to the Caribbean is visa Canada or the USA and neither country offers "transit without a visa".  

     Best wishes!

  • Anonymous
    8 months ago

    She can also use the tax identity number for property and keep her citizenship from China to use normally. (To add to other answers)

  • 8 months ago

    Do NOT further complicate matters. She cannot remain in Canada as she is not a legal immigrant there. Nor can she sponsor your immigration to Canada. She has to return to China & remain there while spouse visa is processed. Spouse visas typically take longer to process than fiancé visas, and can take twice as long.

    You say you two do not have enough money to marry & sponsor her immigration to US. So your notions are not just foolish but entirely premature. By the time you two have spent time together in person, face-to-face, developed your relationship to the point where you two are genuinely committed to the marriage, and are financial stable, things will have changed politically.

    Back off! It's all too early. IF she is pressuring you to marry, she's only after a green card. She could sponsor your immigration to China (no citizenship, but legal residency) a lot easier than you can sponsor her immigration to US anyway! So if she loved you & wanted to be with you, China should be no problem, or far less trouble than getting her to US. Hold off until you have a far deeper relationship, ensure her honest commitment.

  • 8 months ago

    Since you'll have to prove that your relationship matured naturally, it makes much more sense to get married in China, with family and friends present. But to answer your question, you can get married anywhere in the world as long as you can show what I already mentioned, that you have a relationship that is "bona fide" as the US government calls it.

    After you got married, you'll file an I-130 petition for your then-wife, and about a year later, she will have her interview at the US consulate in China. If all goes well, she'll receive an immigrant visa to the United States afterward.

    Source(s): An immigrant from Europe, I live on the American Riviera and work as an attorney in Santa Barbara, California. An immigrant from Europe, I live on the American Riviera and work as an attorney in Santa Barbara, California. An immigrant from Europe, I live on the American Riviera and work as an attorney in Santa Barbara, California. An immigrant from Europe, I live on the American Riviera and work as an attorney in Santa Barbara, California. An immigrant from Europe, I live on the American Riviera and work as an attorney in Santa Barbara, California.
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  • 8 months ago

    Irrelevant of where you get married, there are no automatic green cards for spouses.

    Look at the visa requirements.

  • Maxi
    Lv 7
    8 months ago

    It makes no difference where you marry, it just gets you married and marriage gives you/them no additional rights to live in any country......... they would have to return home and you would have to apply for a spousal visa and until/if they get the visa they can't migrate to the USA... they have to enter the USA on that visa to be able to get a green card

  • 8 months ago

    be careful marrying someone that you have to bring into the country because once they get here and get what they need to stay here they're out the door (don't know you anymore).

  • 8 months ago

    No, this won't happen automatically. In fact, she's less likely to get a visa for the US if they think she's been trying to get around the law. While it is harder to get some kind of visas for the US, k-1 fiancee visas are being processed. Don't you watch 90 Day Fiancee? You have to petition to bring her in. She will go for an interview in China. She will need proof that the two of you have met.and have a real relationship, not just online. If you haven't met, it's much easier for you to go to China than for her to come here.

    BTW- think about this when you vote. It's Trump who has made is so hard for people to visit this country. 

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