Assuming your I-140 gets approved by INS, then what happens in order to physically get the green card?  As well, by law how long do you have to work for the employer who sponsored you for the green card once it is obtained?

Once the I-140 petition is approved, you can either consular process at the post you designated on your I-140 or you can file an I-485 adjustment of status application.

In the case of adjustment, your status changes from temporary to lawful permanent resident without your having to leave the U.S. There may be an INS interview but most employment-based cases have the interview waived.

In the case of consular processing, an interview is scheduled at a consulate abroad and you are given an immigrant visa if everything goes well. You then enter under the immigrant visa, and your status becomes that of a lawful permament resident.

In either case, they will stamp a temporary I-551 (green card) into your passport and the real one is mailed to you several months later.

There is no minimum period of time required before you can quit working for the employer who petitioned for you. However, you must be careful of fraud allegations (i.e. that you did not have a bona fide intention to assume a permanent position with the employer). I recommend working for the employer for at least 6-12 months, just to be safe. It is quite reasonable for someone to change their mind about working for the company during this period of time.

My fiancé lives in British Columbia and we plan to marry next March (he will come to the U.S. to live). I fear that if we do not take the proper steps in the right order it may raise suspicion that our marriage is taking place to only gain him residency and work status in the US. The only reason I fear this complication is that I have heard if a Canadian applies for a work visa, then marries a US citizen in the interim, the Government questions the validity of the marriage. Is this true?

The information you have is incorrect. Neither the Immigration and Naturalization Service nor the Department of State would question the bona fides of your marriage solely because he was in the U.S. under a nonimmigrant status when he married a U.S. citizen.

However, marrying a U.S. citizen can sometimes suggest immigrant intent. This may create complications when the alien's nonimmigrant status prohibits him from having immigrant intent (this includes nonimmigrant categories that do not recognize dual intent). Additional information regarding dual intent is available at this web site.

The Government will not usually question the validity of the marriage in the situation you described, but may correctly challenge your fiancé's continued eligibility under his nonimmigrant category once he "tips his hand" regarding his intention to immigrate. However, in my opinion the marriage by itself is not evidence of immigrant intent. He will not truly "tip his hand" until you actually file a petition to sponsor him as your spouse.

If you are not absolutely certain about what you should do her, I recommend that you consult an immigration attorney.

In researching requirements for E-2 Visas I have read elsewhere that the applicant must show an income source independent of the business that they are purchasing in the US. I have also read that the business must be of a nature to provide employment for people other than just the applicant and their family. My husband and I are considering purchasing a small motel or inn. Do we need to have a separate income (i.e. a pension)? Also do we have to purchase a large enough business to provide jobs?

Although there is no specific requirement that you have have employees or have an independent means of support, there is a requirement that the business not be marginal. A marginal business is one that earns only enough income to support the investor and his or her family. You can prove that the business is not marginal in several ways:

1. If the applicant has another source of income or other financial means to support him or herself and the family, then the business is not deemed to be established for the sole purpose of earning a living.

2. If the income derived from the business exceeds what is necessary to support self and family, then this, too, meets the test.

3. One can also look to the economic impact of the business. An applicant may show, for instance, that the investment will expand job opportunities locally and/or that the income or return from such a business will have a positive significant impact on the local economy. Such a business would likewise not be considered to be marginal.

In summary, you do not have to always that you have an independent source of income or that you will hire employees. It is possible to show that the business is not marginal in other ways.

Please keep in mind that marginality is only one of many criteria considered when E-2 visa applications are adjudicated. I strongly recommended legal representation in such matters.