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I am a Permanent Resident of Canada (Other Country Passport Holder) living in British Columbia, Canada. My girlfriend has been waiting for her asylum interview in USA (State: North Carolina) but she already got her work permit and SSN Here are some questions Regarding Our Case:

Can I go to the USA with my B1B2 visa and marry her within a week and come back to Canada, will this be legal ?? Or would it be a visa fraud that I misuse my entry to USA for marriage and will this cause problems for my Future Green Card application that i gonna apply once her asylum case will be approved ??

Or would it be misuse of entry only if I marry to green card holder ( which she is not yet) and not come back to Canada and apply for visa status adjustment there in USA ?

If I can marry her with my B1B2 visa as she is not a green card holder or citizen yet. Should I also have to wait 90 days in USA before marriage so that USCIS not consider it as misuse of my entry in future when I apply for green card once she get her green card after completion of her asylum case.

What will be best Way for us, so we have no problem in future when i apply for USA Spouse immigration

Thanks

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  • Note that if you guys marry before her asylum is approved, she should be able to petition you to follow to join as a derivative asylee. Then you can apply for a green card based on 1 year in asylee status, and you wouldn't need to immigrate as the spouse of a permanent resident.
    – user102008
    Nov 10, 2022 at 19:34

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Can I go to the USA with my B1B2 visa and marry her within a week and come back to Canada, will this be legal ??

Technically there's no special type of visa for this situation (the fiancee visa, K, is for fiancees of US citizens intending to live in the US with the citizen spouse). So I see no other way for this to work. Since you don't have an immigration intent, B1/B2 visa should be fine.

There's no law in the US prohibiting refugees from marrying anyone, including foreigners. There's also no law in the US prohibiting foreigners from coming to the US to marry, as long as they don't intend to stay.

You'll need to check local requirements for marriage license. You may need to wait for a certain period from applying for marriage license to actually marrying, and you may need to show some documents from Canada and your home country to prove that you're not currently married. These are requirements regardless of your immigration status or intent.

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  • Thank You so much @littleadv for your Kind reply ^_^ So there will be no problem as long as i return back to Canada and she can put my name in her asylum file as spouse after marriage before her asylum interview ??? Or will it cause problem in future if i want to permanently settle with her in USA Once her asylum will approved ?? and for next time my visit to her on B1B2 Visa and customs will stops my entry (Because they will know i married to someone during my last visit ) Thanks
    – KeUpen
    Nov 10, 2022 at 0:23
  • @KeUpen I don't know about the asylum application or future potential complications - you'll have to discuss this with the immigration attorney. But it is not illegal to come, get married, and leave.
    – littleadv
    Nov 10, 2022 at 0:39

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