Will my Canadian wife have to file in Canada since we married in the US after just one week of her stay? 4 Answers as of June 20, 2011

I'm a US Citizen living in New York and my Canadian wife and I just got married. We figured that we should get married quickly after her arrival to New York on a tourist visa so we could get the paper work processed asap, but now I fear that she may need to return to Canada while I submit the sponsorship papers to prevent any inference of fraud. Is there anything we can do to prevent her from having to move back home? She just moved into my apartment, we share utilities, have a joint bank account, 100s of emails, photos, joint plane tickets, etc.

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Baughman & Wang
Baughman & Wang | Justin X. Wang
If she enters the US on VW program,you and she must file the paper work as soon as possible because if her90 days expire her application may be denied by the USCIS. If she comes in with a B/1/B2 visa, it would be better. Just file the application and wait for the interview.
Answer Applies to: California
Replied: 6/20/2011
Feldman Feldman & Associates, PC
Feldman Feldman & Associates, PC | Lynne Feldman
No she can file here but will need to remain here until she receives her travel permit. We would be happy to assist with the process. Contact me as indicated below and I will send you the documents to get started, description of the process, procedures and fees. The process is a one-step and in most areas takes about 4 months from filing to interview and the work and travel permit should arrive in 60-90 days.
Answer Applies to: California
Replied: 6/20/2011
Law Offices of Caro Kinsella
Law Offices of Caro Kinsella | Caro Kinsella, Esq.
Marriage within the first 30 days will raise an issue of " preconceived intent" - go ahead and have an Immigration Attorney file your papers and see what USCIS say - they may or may not pick up on it.
Answer Applies to: Florida
Replied: 6/20/2011
Theresa E. Tilton, Attorney at Law
Theresa E. Tilton, Attorney at Law | Theresa E. Tilton
It is better for your wife to stay with you here in the US while you submit your petition for her permanent resident visa. You are correct to be gathering evidence of good-faith marriage. Living apart is evidence against good-faith marriage. Furthermore, if she leaves the US now, your wife should not try to re-enter on a tourist visa, since she is an intending immigrant.
Answer Applies to: Washington
Replied: 6/17/2011
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