Hello, my boyfriend and I are trying to figure out how to navigate US immigration, and while I have tried to find answers online, it’s incredibly confusing so I’m hoping that someone can help me understand my options.
For context, I’m Canadian (from Ontario), and my boyfriend is American (from California). We are getting married within the next 1-2 months and we are trying to figure out the logistics of immigration and to minimize time apart.
Last summer, I spent April-August in California (4 months out of 6 on my B2 visa.) Ideally, we want to spend January to April in California, and May to December in Canada. Since I will be in and out of school, we need to be in Canada during those months, but we want to spend the off months in California.
We’ve looked into the K-3 and I-130, but we haven’t really seen much information on the legalities of staying in the US while it’s being processed. Am I allowed to stay in the US while that is being processed? Or may I only stay within my tourist visa? I understand that I can stay within my tourist visa limits, but whether or not I’m allowed to stay past that is unclear.
Otherwise, we were going to look into staying in California for a bit and then go to either Mexico or back to Canada to get around the limit, but ideally we’d spend the four months in the US before going back to Canada.
Let me know if there are any options, or if we are out of luck.
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source https://www.reddit.com/r/immigration/comments/qzagsd/help_with_spousal_immigration/