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I am a Permanent Resident of Canada (Indian Passport Holder) living in British Columbia. 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:

  1. 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 ?? 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 ?

  2. If Yes, What kind of marriage it would be ? A marriage between two non-immigrant or marriage between non-immigrant (Visitor) and immigrant (Her)

  3. As she just got her work permit and SSN but has not appeared for her asylum interview yet, do I need to apply for any kind of k visa for marriage ? Or she needed to be a green card holder first then I can apply for a k visa.

  4. 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 .

  5. If in my l-94 Form I am just allowed to stay for 2 weeks in the USA but I stay 90 days then marry her and come back to Canada. Then what will be its consequences for my Future green card application.

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    In what state do you want to marry? Whether you can marry somewhere in the US is a matter of state law. Also, I am unaware of any context in which question 2 is relevant. Why do you think it matters?
    – phoog
    Dec 20, 2021 at 19:05
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    If you are a Permanent Resident of Canada and you marry it will almost certainly be easier to bring your spouse to Canada than to try to move to the US to be with her. Dec 20, 2021 at 22:04
  • @phoog She is in North Carolina
    – balsig
    Dec 21, 2021 at 0:16
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    @balsig North Carolina doesn't seem to have a residence requirement, so you should be all set to marry. As pointed out in a comment over at Expatriates, you might be able to join your wife as the spouse of an asylee. I'll try to remember to look up the details and add to my answer over there.
    – phoog
    Dec 21, 2021 at 19:18

1 Answer 1

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

Yes.

Or would it be an visa fraud that I misuse my entry to USA for marriage and will cause problems for my Future Green Card application ??

No. It is only visa fraud if you lie.

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 ?

As long as you leave the US within the period of admission granted to you on entry and otherwise abide by the conditions of B-1 or B-2 status, there is no violation. If you attempt to enter in B visitor status with the intention of marrying and not leaving, but rather adjusting status, however, the immigration officer is entitled to refuse entry, and if you attempt to adjust status after entering in B visitor status, you may find yourself having to prove that you did not have the intention to do so when you entered.

If Yes, What kind of marriage it would be ? A marriage between two non-immigrant or marriage between non-immigrant ( Visitor) and immigrant (Her)

As noted in a comment, l don't think this matters.

As she just got her work permit and SSN but not appeared for her asylum interview yet, Do I need to apply for any kind of k visa for marriage ? Or she needed to be green card holder first then I can apply for k visa.

K visas are for the fiancé or spouse of US citizens (and their children). You don't need to worry about K visas.

If I can marry her with my B1B2 visa as she is not 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.

Gaming this is a recipe for trouble. Your best bet is to hire an immigration lawyer and follow your lawyer's advice. If you can't afford an immigration lawyer, you can get some generalized advice over at Expatriates.

If in my l-94 Form I am just allowed to stay for 2 weeks in the USA but i stay 90 days then marry her and come back to Canada. Then what will be its consequences for my Future green card application.

If you overstay a 2-week period of admission and then leave the US you will trigger a few adverse provisions of immigration law. If the US finds that you had intention to do this when you entered, for example, and lied about it, you could trigger permanent inadmissibility for misrepresentation.

What would be the best possible solution for our case ? How should we proceed so that we don't have any kind of immigration problems for future.

Find a good lawyer. Getting married in the US is fairly easy. Using your marriage to immigrate to the US requires a bit more care.

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