Migration in Matrimony from Canada into the U.S. and vice versa, from the U.S. into Canada! How they affect and limit your prospects?! E-broadcast for the week ending November 12, 2016.

Dear Parents of Brides and Grooms from the World over:

A Parent from Canada who has a Canadian citizen daughter for whom he is seeking matrimony through www.globalmatri.org “reaching out to prospective bridegrooms in the U.S.”  called me recently, asking: “how come my expressions of interest to bridegrooms in the U.S. are not evoking any response.”  I thought I will take the opportunity this weekend to “enlighten” so many Parents on how “Migration in Matrimony from Canada into the U.S. and vice versa, from the U.S. into Canada affect and limit your matrimonial prospects?!”

1.  Let us first examine the matrimonial traffic from Canada into the U.S. under different scenarios by various visa holders from Canada:

(a) Canadian Citizen reaching out to U.S. citizen:   Often times, U.S. citizens do not quickly embrace brides from Canada, as they would like to reach out to brides from within the U.S itself, as it is so convenient to connect, visit, etc. To tell you the truth, Tri-State (New York, New Jersey and Connecticut)  boys and girls are wanting to connect with brides and grooms from within the tri-State itself; California brides and grooms are seeking boys and girls from within California itself; I find this "approach" to be true with many brides and grooms living in British Columbia (Vancouver) limiting their search to Mainland in British Columbia itself,  this way their meeting and get acquainted sessions are easy and can be accomplished continuously over the weekends, the "Easy Way" most have been adopting.  However, if you have found a U.S. citizen willing to accept you in matrimony, then it is very easy, the bride (or the groom) can come to the U.S., get married to a U.S. citizen, he (she) can then Petition for the Spouses Green Card, with a marriage certificate or marriage license,  by visiting the Immigration Office under whose jurisdiction he/she resides. Her/His Canadian Passport will be stamped, (legally permitted to work), she/he can continue to say in the U.S.  She/he will eventually get her/his Green Card in about 9 months to a year or so – until that time, she/he has to remain “stay-put” in the U.S.  NOT travel outside of the country (including going to back to Canada).  If they do, re-entry into the U.S., could be difficult until the Green Card is actually received in ones hands.

(b) Canadian Citizen reaching out to U.S. Permanent Resident/Green Card Holder, on an Indian Passport:  Spouses of Permanent Residents (or Green Card Holders) living in the U.S. or India or abroad, are classified under a visa classification called “F2A”.  A Canadian Citizen can get married to a U.S. Permanent Resident (no objection to that from any one), however, immediately upon matrimony, the U.S. Permanent Resident has to file an I-140 (Petition-intent to become a U.S. immigrant) for the Spouse with the USCIS office in his/her jurisdiction.  The applicant then gets an approval from the USCIS of the Spouses Petition with an “approval date” which is deemed to be the Spouses Approval Date.  Then the Applicant has to wait for that “Approval Date” to cross the Filing Date for the Final Action for F2As, which currently stands at November 22, 2015.

Here is a scenario to make you understand the situation better: Supposing a Canadian Citizen gets married to a U.S. Permanent Resident on January 16, 2017. He then files an I-140 on Spouses behalf, with all documentation including a marriage certificate or marriage license, on January 31, 2017, to the USCIS immediately after the marriage. Let us say the Spouses Petition is approved by USCIS on July 1, 2017. That July 1, 2017 then becomes the Spouses “approval date”. In order to further process the Spouses Petition with a filing of I-485 (final adjustment status to receive a Green Card), the Permanent Resident has to wait until the Department of State comes out a new Filing Date, (at some point in the future), that crosses July 1, 2017, your Spouses “approval date”. ONLY then, can the Permanent Resident file for the Spouses I-485 (final action adjustment).  That filing date at the moment stands at November 22, 2015, as per latest Department of State Visa Bulletin for the month of November 2016.  So, it could actually take a few years before your “Approval Date” crosses July 1, 2017, your “deemed approval date of your Petition” for your Spouse, when you can file for her I-485, NOT BEFORE!  At this time, it is not known, when the Department of State will announce a Filing Date for July 1, 2017. Currently the filing date is stuck at November 22, 2015.

What is a Final Action Date?  (introduced by USCIS in May 2015, as a new step in the filing procedure), Final Action date is the actual date for which USCIS is currently processing the Green Cards for (I-485s) which have an approval date of around November 22, 2015 which may be actually  different from your Filing Approval Date on which your Spouses Petition I-140 was approved.

Even though as a Canadian Citizen you can enter the United States freely at any time, once you are married to a U.S. Permanent Resident and your I-140 has been submitted, it may not be legal for the Spouse to enter or to stay in the U.S.  (and/or work legally), on a different visa status, until the Spouse actually gets the Green Card in your hands; any illegal entry and stay in the U.S. could be cause for denial of the Green Card by USCIS at a later date. Check with your immigration attorney on your specifics.

A question has been asked: “Can I get married to a U.S. Permanent Resident, enter the U.S. after matrimony with a TN visa and join my other Spouse and live in the U.S., until I get my Green Card?”  NOT legal to do so, after your marriage to a Permanent Resident, particularly after he has filed for your I-140. If your I-140 is in the USCIS system, and then you filed for a TN1 visa, USCIS computer system can quickly corroborate that and you could be caught!  This could be deemed as a violation by the USCIS of immigration rules (circumventing the Immigration Laws), and eventually a Green Card could be denied (when the USCIS checks your Passport at the time of final interview for your Green Card).

However, if some Canadian citizen has already been living and working in the U.S. under a TN visa, and gets married to a U.S. Permanent Resident, the Spouse may remain in the U.S. until the validity of the TN visa expires – then she may have to go back to Canada and NOT attempt to extend it, and return to the U.S.  when the Green Card is actually received. Check on your specifics with an Immigration Attorney, on this matter).  As any “deemed visa violation” on your Spouses part, can eventually lead to a “denial” of a Green Card, (when the USCIS checks your Passport at the time of final interview for your Green Card).

It is taking several years for brides from India, Canada,and other countries to finally connect with their husbands under a Green Card, in the U.S.  So, I would ask all Parents to weigh in on this option before connecting with someone in matrimony, who is a Permanent Resident  with a (Green Card) Status in the U.S.

© Canadian Citizens reaching out to Indian citizens, in the U.S., on H1B visa (not sponsored for a Green Card or “Green Card Not Applied For”):

If a Canadian Citizen gets married to an Indian Citizen in the U.S. , on a H1B, and the Spouse in the U.S. files for a "Status Adjustment" for the Spouse, then the Spouse will automatically convert herself into a H4 Status, not legally permitted to work in the U.S. (even though she may be a Canadian Citizen).  

Also, if a Canadian citizen has already been living and working in the U.S. under a TN visa or a H1B visa, and gets married to an Indian Citizen on a H1B (not sponsored for Green Card), the Spouse may  not be able to work legally in the U.S. because of conversion of her status into a H4 in matrimony to a H1B visa holder. Please do not attempt to circumvent this by continuing to work on your TN visa, as your visa status has changed to an H4 from TN, and the USCIS computers are smart enough to corroborate this, when a filing is made by your Spouse re: your matrimony.  As any “deemed visa violation” can deny re-entry into the U.S. at some point in the future. Check on your specifics with an Immigration Attorney, on this matter).  

(d) Canadian Citizen reaching out to Indian Citizen in the U.S. on a H1B visa – transitioning into a Green Card (H1B-GC) with an approved ETA-750 Labor Certification (waiting to file for an I-140, or with an I-140 approval “Green Card Applied For” : 

Please note, it is NOT enough if someone tells you that "Green Card Applied For" (meaning a process has been initiated)  - The Applicant should have received the "Labor Certification Approval Form ETA-750 from the Department of Labor, to qualify one under the scope of the meaning "H1B transitioning into Green Card" or to qualify to say "Green Card Applied For" ~ Keep in mind, "Labor Certification" process is now taking between 2-3 years and in many cases, they are rejected, if the application is not on strong footing/grounds! So watch out if someone says “Green Card Applied For!” Find out at what stage they are in this game!

Canadian Citizen can get married to Indian Citizen, on a H1B visa (in the U.S.) transitioning into a Green Card process (H1B-GC) with a specific ETA-750 Labor Certification Approval (waiting to file for an I-140 (Intent to become an Immigrant) approval or with an approved I-140 (intent to become an Immigrant), meaning “Green Card Applied For”  – In the event of matrimony by a Canadian citizen to a H1B-GC holder on Indian passport in the U.S., under the current rules, Canadian Citizen will get a H1B Status, instantly upon marriage, joining Spouse in the U.S., without delay and will be legally allowed to work in the U.S., still retaining her Canadian Citizenship, living in the U.S. with the Spouse, on a H1B-GC status, until both of them get their Green Cards at the same time, however long it may take!  The Canadian spouse can go back to Canada and return to the U.S., at any time, without any limitation. However, the other spouse, with an Indian Passport on H1B-GC in the U.S. will need an entry visa into Canada. This can be accomplished by the Canadian citizen spouse sponsoring the Indian Citizen on H1B-GC status, for a Canadian immigration, on the strength of her Canadian citizenship.

(e) Canadian Permanent Residents (Immigrants) still on Indian Passports reaching out to U.S. Permanent Residents (on Indian Passports) ~ 

First, this set of people find it very difficult to court and attract Permanent Residents in the United States (as Permanent Residents in the U.S.  have their own limitations in matrimony) and they are seeking brides/grooms from within the U.S. or India or other countries.  If you have been lucky to connect with some one, in reaching out to anyone in the U.S., because you are on Indian Passports, you will still need an entry visa like a “visitor visa” to enter the United States – at the time when you attempt to get a visitor visa into the U.S., the Consular Officer will ask for the purpose of your visit to the U.S. Do not “hoodwink” on the reasons for your visit to the U.S.  State clearly the purpose of your visit is to connect with your boy friend or Fiance, living in the U.S. – do not bluff your reason “as visiting friends and family”, as later on this could come back to haunt you as having misrepresented the reason for visiting the united States earlier.

In matrimony to a Permanent Resident in the U.S., you face the same scenario as a Canadian Citizen reaching out to U.S. Permanent Resident/Green Card Holder, on an Indian Passport, as fully described under paragraph (b) above. Read the same.

(f) Those in Canada, Indian Citizens, on a Work Visa and or on a Student Visa ~ courting Permanent Residents (Green Card Holders in the U.S.) in matrimony: 

First, this set of people find it very difficult to court and attract Permanent Residents in the United States (as Permanent Residents in the U.S.  have their own limitations in matrimony) and they are seeking brides/grooms from within the U.S. or India or other countries.  Often times, they find it difficult to get an entry (visitor) visa into the United States.  However,  if you have been lucky to connect with some one,  in reaching out to that some one in the U.S., because you are on Indian Passports, you will still need an entry visa like a “visitor visa” to enter the United States – at the time when you attempt to get a visitor visa into the U.S., the Consular Officer will ask for the purpose of your visit to the U.S. Do not “hoodwink” on the reasons for your visit to the U.S.  State clearly the purpose of your visit is to connect with your boy friend or Fiance, living in the U.S.  – do not bluff your reason “as visiting friends and family”, as later on this could come back to haunt you as having misrepresented the reason for visiting the united States. 

In matrimony to a Permanent Resident in the U.S., you face the same scenario as a Canadian Citizen reaching out to U.S. Permanent Resident/Green Card Holder, on an Indian Passport, as fully described under paragraph (b) above. Read the same.

(g) Those in Canada, Indian Citizens, on a Work Visa and or on a Student Visa ~ courting Indian Citizens on a straight H1B visa in the U.S. (Green Card Not Applied For):

First, these two sets of people find it extremely difficult to connect with one another in matrimony, from the U.S., because of limitations being placed on these H1B visa holders.  Moreover, those who are on a straight H1B visa (whose Petitions have not been sponsored for a Green Card), face the exit option from the U.S. when their H1B visa terms expires.  For this reason, many brides from within the U.S. who are also on a H1B status, do not step up to those on a Straight H1B visa status.

If an Indian Citizen in Canada on either Work Permit and or on Student Visa, gets engaged and married to an Indian Citizen in the U.S. , on a straight H1B, (not sponsored for a Green Card), meaning “Green Card Not Applied for” then the Spouse will automatically convert herself into a H4 Status, not legally permitted to work in the U.S. 

(h) Those in Canada, Indian Citizens, on a Work Visa and or on a Student Visa~ courting Indian Citizens on a H1B visa in the U.S. (transitioning into a Green Card), from H1B~GC, with a specific ETA-750 Labor Certification Approval (waiting to file an I-140 (Intent to become an Immigrant OR with an I-140 approval, meaning ”Green Card Applied For” as they are called!

These guys are your “Best Prospects” to reach out to and connect in matrimony. Indian citizens from Canada (on work permits and on Student visa status) can get married to Indian Citizens, on a H1B visa (in the U.S.) transitioning into a Green Card process (H1B-GC), with a specific ETC-750 Labor Certification Approval, waiting to file an I-140 (Petition to file an  Intent to become an Immigrant) or with a specific I-140 approval.  In the event of their matrimony to a H1B-GC holder on Indian passports in the U.S., under the current rules, they will get a H1B Status, instantly upon marriage, joining their Spouses in the U.S., without delay and will be legally allowed to work in the U.S., living in the U.S. with the Spouse, on a H1B-GC status, until both of them get their Green Cards at the same time, however long it may take! This is a great opportunity to move forward in matrimony, with those who are a H1B-GC status.  There are hundreds of boys and girls who are on a H1B-GC status (Green Card Applied for” status) in the U.S. in www.globalmatri.org, that you can reach out to and connect.

2.  MIGRATION FROM THE U.S. INTO CANADA IN MATRIMONY

(a)  U.S. Citizen Brides ~   Most U.S. brides from the U.S. like doctors and other professionals do not wish to migrate into Canada in matrimony, because of (a) Licensing requirements and (b) largely because, there is less money to be made in Canada as doctors than in U.S. Other professionals like Physiotherapists, Lawyers, Wall Street Professionals have become comfortably settled with life in the U.S. that they simply do not wish to relocate to Canada.  If for family reasons, others are seeking to relocate, they are seeking Canadian Citizens and Immigrants.

(b)  Permanent Residents (Green Card Holders) from U.S.A.   It has taken a long time for them to get settled in the U.S. with a Permanent Resident Status, so they too do not wish to relocate to Canada in matrimony.  The Permanent Residents in the U.S. are facing lot of restrictions in connecting with those who are on H1B visa, reaching out to brides from India and other countries (because of the long time it takes to join them in the U.S. after matrimony, (because of pending backlog of applicants),  that they limit their search and seek process to brides within the U.S. of either those who are Permanent Residents like themselves, or U.S. Citizens; or, they will connect with those who are on H1B, if they have a long “unexpired” term on their H1B visas, 3 + years at least. So most of them do not even attempt to reach out to brides from Canada.

© Those (boys) in the U.S. on H1B visas  (not sponsored for Green Cards)who face “definite exit options” from the U.S. when their H1B term expires: These boys are highly educated, well experienced in jobs and training, intellectuals, seeking a foreign land to settle down, Canada, U.K. Europe, Australia, NZ, Singapore, wherever the job opportunities can take them to, not ready to return to India for good,  and are therefore potential “suitors” for brides seeking matrimony from Canada, as Canada offers them a “safe heaven” and  an easy pathway in migration in matrimony to Canada Citizens, Permanent Residents and those even on Work Permits. Similarly, for brides from India, on H1B (not sponsored for Green Cards) (not successful in reaching out to and connecting with U.S. citizens, Permanent Residents and those on H1B transitioning into Green Cards (H1B-GC), whose “clock is ticking on their H1B term”, Canada holds some good opportunities in migration in matrimony.

(d) Those on H1B whose Petitions have been approved for Green Card(transitioning from H1B-GC) are not interested in migrating to Canada in matrimony, as U.S. offers them a safe “abode”.  Those on H1B-GC are easily embraced in matrimony by those in the U.S. on a straight H1B (not sponsored for Green Cards), by brides from India, Canada and other countries in the World, as their spouses become eligible not ONLY to work in the U.S. legally, but also join their husbands in the U.S. quickly and easily, and also  to get their Green Cards eventually in matrimony to this class of H1B-GC brides and grooms, thus assuring themselves of permanency in life in matrimony, with buying a home, planning a progeny, etc. etc.

(e) For those who have entered the U.S. on a J1 visa with a PhD Degree (from India or other foreign countries), working as Post Docs and Research Schools (with a definite option to exit the U.S. when their J1 term expires), seeking Brides from Canada in matrimony, would offer them Permanency of life in Canada, as Canadians too are looking for such exceptionally qualified and well-educated partners.  Canadian brides, seek out and embrace the J1s from the U.S. in matrimony!

(f) Those in the U.S. with a PhD Degree (earned in the U.S.A) ~ there are many in the U.S. who have entered the U.S. as Students and have earned their PhDs.  They may be on H1B visas without transitioning into a Green Card situation, because they know that getting a Green Card quickly limits their matrimonial opportunities to ONLY brides from the U.S.  So they wait as long as possible, until they come close to their H1B status expiring soon!  Then they apply for a Green Card.  These PhDs who have earned their doctorate degree from the U.S. can self-sponsor their own Green Cards and do not need an employer sponsorship for a Green Card. They are also exempt from seeking and obtaining the ETA-750 Labor Certification from the Department of Labor, cutting out a waiting time of 2-3 years, without the fear or anxiety that the Labor Certification would be rejected.  They can self-apply and get a Green Card on their own, under what is called an “Expedited Express Green Card” in 9 months to a year, if they meet the strict 6-point criteria as enunciated by the USCIS.  Many PhDs on H1B, remain in the U.S. without applying for a Green Card, in the hope of getting married first and including the spouse into their Petitions for “Express Expedited, self-sponsored Green Cards”. Do not overlook these prospects as well, as these PhDs stand a good chance of getting their green cards in a short space of time.

A few observations to Canadian seekers:  There are thousands of boys in the U.S. very highly qualified and experienced, coming from good family background, on straight H1B visas (not transitioning into a Green Card or sponsored for Green Cards) who are NOT embraced in matrimony by U.S. citizen brides (for reasons of incompatibility that Mr. Chandrashekhar has eluded to), on the one hand,  while on the other, many of these boys are NOT being embraced in matrimony by brides from India who are in the U.S. on straight H1B visas, (not having been sponsored for a green card), because these boys face a “definite exit option” from the U.S. when their H1B visa term expires  ~ for many of them the question is: “what will I do in matrimony to this boy?! Where will he go and what will he do, and what will I do to the child(ren) born out of this matrimony” are some very serious and daunting questions facing these brides, for which I do not blame them;     everyone is seeking to settle down permanently in the U.S. in matrimony, which the H1B boys do not offer to these brides;  for this reason,  they want to connect with boys who are either Permanent Residents in the U.S. or those who are on H1B-GC status or those who are U.S. Citizen boys, (who unfortunately do not step up to them), who would offer permanency in settling down in the U.S., in matrimony. And so the “search and seek” process continues to go on indefinitely, without results for a long time, causing frustration, anger and anguish, in their search process, among Parents.

I want to say, that these H1B visa boys facing “exit options” out of the U.S. when their H1B term expires, are most potential “suitors” for brides in Canada, who are Canadian citizens, Permanent Residents,  (Immigrants as they call themselves in Canada) or even those who are on Work and student visas in Canada. And unlike the fact that U.S. visas pose challenges and are restrictive at “every step of the way” in matrimony  (as a Student on F1, as a Trainee on OPT, as a worker on H1B, those on J1, L1, G4 and other visas) and as Permanent Residents (with Green Cards), Canadian immigration laws/rules are not that strict in embracing those who seek opportunities in Canada via matrimony.  A Canadian work permit holders spouse, can join him/her in matrimony, seek out job opportunities (without restrictions like in the U.S. on a H1B), if she/he can find one, they can marry “immigrants” and seek job opportunities and join their spouses easily and much quicker and less restrictive than Permanent Residents in the U.S. do.  So,  I would encourage Parents of brides in Canada seeking matrimony for their daughters to embrace and connect with these boys in the U.S., in matrimony.  U.S. H1B visa holders are a great pool of repository of very highly educated, intellectual, qualified and very experienced, coming from  good family background,  that they should NOT overlook  to reach out to them in their search and seek process.

Also to search and seek are J1 visa holders in the U.S. who are highly educated with a PhD, serving as post docs, researchers, and who definitely face an exit option when their J1 term ends at the end of 3 years. These highly qualified J1s are potential suitors to many brides in Canada seeking highly educated grooms.

3.  Canadian Citizens in the U.S. on TN, H1B and J1 Visas:

(a) Those Canadians who are Medical Doctors on J1 visa in the U.S.undergoing Residency and/or Fellowship Programs, they face a return exit to Canada upon completion of their Residency or Fellowship, for a period of 2-years, before seeking a re-entry into the U.S., unless they can obtain waivers from the Canadian Government, and serve as Medical Doctors in rural hospitals in the U.S. for a period of time, to qualify for a Green Card Application, yes it is possible, but a long and time consuming procedure! Prospects reaching out to Canadian Medical Doctors in the U.S. on J1 visas, must seek and get an exact clarification on the status of compliance of J1 visa requirements in the U.S. before deciding to "tie the knot"!

(b)  Canadian Citizens in the U.S. on TN and H1B Visas ~ are easily embraced in matrimony by U.S. citizens as U.S. citizen brides and grooms are seeking out someone like them, born and raised in the West, as there is a good blending in of the two cultures easily.  Canadian Citizens on TN and H1B visas cannot easily marry those who are on H1B Status (not transitioning into a Green Card), as they would convert themselves into a H4 status by marrying someone who is on a straight H1B visa (and can no longer work under that H4 status in the U.S.), unless their objective is to get married to a bride and take her home to Canada, giving her Canadian Green Card or immigration.

  
DISCLAIMER: In the U.S. only a practicing Immigration Attorney can give legal advice on immigration matters; I am not a qualified and practicing Immigration attorney, thus cannot give specific advice on immigration matters! What has been discussed above, by way of sharing immigration information, is based on broad general guidelines obtaining (only) and may not apply to specific individual cases unique to them, under their own circumstances ~ exceptions to every immigration rule always apply but those are ONLY exceptions to specific individual cases and are not general, applicable to all, so you should contact an Immigration Attorney on your specifics

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