Hi guys, i am very confused and lost. my girlfriend lives in california and iam in canada. we are getting married in canada in july. after that we will be going to us to get married. I will be moving to the US. I am not sure if what we have planned is the right way. I would appreciate if someone ccould tell me and guide me about the procedures. will i have to go back to caanda until i am allowed to be back to the us>?

Landa,

I am confused as well. You mentioned your girlfriend lives in the US and you in Canada and that you are getting married IN canada, then after going to the US to get married?
If you are going the K-1 route, then you aren't going to be able to, as you cannot get married first then travel to the US on a K-1 visa. The K-1 visa is a fiance visa, meaning you must enter the US unmarried and engaged and when you get to the US you have 90 days to get married.
That means you may NOT get married in a foreign country then apply for a K-1 Visa.
I recommend reading the guides, as it sounds like you don't understand what a K-1 Visa is.

This post pertains to you applying for a K-1, if you are applying for a K3 visa, then you MAY get married in Canada and emigrate to the US.

sorry i didnt know if it was the right place to post...yes she is coming to canada and we are going to get married in canada. so, we have to apply for k3 right? can i go back to california with her or no? or or if i have to wait for k3 how long before they allow me to go to us?

No worries, just wasn't quite sure.
Yes, you're correct, you file for K3 IF you plan to get married BEFORE you enter into the US. If you plan to get a K3, you may not enter the US until you receive the K3 visa, unless of course you can get a tourist visa, although I have heard it's somewhat difficult while you are in the process of getting a K1 or K3.
So yea, if you guys are 100% getting married in Canada, then you gotta go K3.

Good luck!

i am worried now..so i can't go to us to apply for k3 visa..or just visit her for a few weeks then come back until the k3 visa process is taken care of. how long will it take for the process usually? thanks

Landa,

I want to make sure you and I are on the same page here before I comment further.
Your plan:

To marry your fiance (US Citizen) IN Canada
You then plan on applying for a K3 Visa (AFTER you and your "husband" are OFFICIALLY and LEGALLY married.
After you have filed for a K3 Visa, you plan on VISITING America WHILE you are in the process of waiting for the status of your K3 Visa.

Please correct me if I am mistaken with what your plans are.

Have you been to the US before? You are currently living in Canada correct? I am not 100% sure with a K3 Visa, as originally I thought you were talking about a K1.
while you are applying for the K3 you can't be living in the US unless you are on some type of other visa (not even sure you can apply for a K3 or K1 while you are in the US).
The K3 process is known to take longer than the K1 process. Both processes are long.

Welcome to VJ, Landa. I am going to move your thread to the Canada Forum because you will receive more informed information.... there are people there who have experience with this. (No offense, LittleAsianMan7.)

Just a quickie note.... Canadians do not require a tourist visa to enter the US and, yes, you can visit while your visa is processing.

Off we go to the Canada Forum!

why do you say you're getting married in both countries? You really only need to do it once to satisfy immigration.

K3s are currently taking about a year ot process out of Canada, but please read the guides regarding the CR1 immgrant visa. It is by far the least expensive visa, and as it grants you permanent residency and the K3 does not, it is also the superior visa IMO. They're both taking about the same amount of time to process as well.

Yes, you can visit the US during the process, but not for the entire time. Canadians are allowed to visit the US for up to 6 months at a time, if you can prove to the border officials that you have ties to Canada. So it is not a wise idea to go and quit your job and sell your home or cancel your lease, because the visa process is going to take longer than you're allowed to stay legally.

Read the Guides up top of the page for all the info and comparissons of all the different visas.

Yes there are many 1000's of people who did this route and found themselves married but both living in different countries. You're best bet is to forget the Canada wedding, and just go to the US and get married there after a month or so.

This way if you 'visit' for say 2-3 months, you then get married it won't look like your original intent was getting married when you crossed the border. If you went over and immedialtly got married, it looks like you did have intent (which you would need a visa for and could run into issues)...

I agree with Warlord.

The spousal visa's take quite a bit longer than the K1's do.
I would simply apply for a K1 visa, and then get married in the U.S. once you have visa in hand. You have 6 months to enter the country once you have the K1 visa in your passport and you must be married in the U.S. within 90 days once you arrive.

Click on the Guides and start at the part where it says "BEGIN HERE" in red letters. That shows a comparison of the different visas.

If you do decide to go for a spousal (K3, CR/1, etc.) you may enter the U.S. to visit as long as you show proof that you will be returning back to Canada. Letter from your employer stating you are coming back to work, bank statements, visa statements, mortgage or rent agreements, etc. etc.
As Canadians we do not require a visitors visa to enter the U.S. so that's not a problem, you just have to show strong ties showing you will be returning.

Read over the guides with your fiance and discuss what will be the best course of action for you both.

Nick and I went with the K1 simply because we did not want to be living in different countries while married. We want our first year of married life to be together, not apart waiting for it to begin.

Best of luck to you both!!!

I think Warlord is saying, forget the visa route all together, visit the US and then get married there after a few months on a visitor's visa. (If I am wrong, correct me, but that is how I interpreted your post.) To the OP - if I am correct in understanding what Warlord wrote, you need to know that doing this is actually illegal since we already know you have the intent of getting married and staying in the US. You are allowed to go to the US and get married - but you cannot stay and live in the US. You need to 'live' in Canada while a K-3 or a CR-1 visa is being processed. They are processed outside of the US only. If you had no intention of getting married and while you were on a visit to the US made the spur of the moment decision to marry and stay, that is actually allowed. Entering the US with the intention of getting married and staying without getting the appropriate immigration visa is not. Nor is it legal to enter the US as a spouse of a US citizen with the intent to stay unless you have the appropriate immigration visa - either the K-3 or the CR-1.

Except for her agreement with Warlord (VBG), I agree with what Laura and Nick suggested. Definitely read the guides at the top of the page. If you want to live in the US together in the shortest amount of time, then you are looking at a K-1 fiance visa. Your US fiance sends an I-129f petition to USCIS (Immigration) to start the process. Once that is approved, USCIS sends the information to the appropriate US Consulate - in this case, either Montreal or Vancouver - and they send you an application kit for a K-1 visa along with the list of other things you need to have. When you notify the Consulate that you have everything you need, they then schedule you for an interview. When you are approved, they give you a K-1 visa. You have 6 months in which to 'activate' the visa. Once you activate the visa, you have 90 days to get married. Then you need to apply to adjust your status from a non-immigrant fiance to an immigrant spouse. This is done inside the US. When that is completed, you have your green card. (there is a bit more to it than that, but that is the basic summary).

The processes are viritually the same for the K-3 and the CR-1, except that your spouse has more paperwork and with the CR-1 you get your greencard when you arrive in the States and don't have to apply for it.

Oh!
I didn't think that's what Warlord meant.
What I meant was, in my opinion, I would skip the spousal visa and go for the fiance as it's a shorter waiting time.



Don't want to be doing anything illegal!!

Something else to consider is that when you enter the US on a K-1 Fiance visa (K-3 too, I think) you need to plan to be unemployed and stuck in the US, unable to visit Canada, for a minimum of 3 to 6 months. This is because you will apply to become a resident with a greencard so you can work and ask for Advance Parole, which allows to to leave the US for visits, etc.

If you are planning a wedding in both countries so that both families can see you get married, you might be able to have an Anna Nicole Smith-style ceremony in Canada that isn't legally binding, and then the legal marriage in the US once you've entered on your K-1.

I think the Cr1 visa is the cheapest way to go too because you don't have to pay the $1010 adjustment fee once you move to the US...

No I wasn't promoting doing that route, I was saying that would be the other option you would do other then waiting for a visa route. Now it's not uncommon for people to do that. It will be up to the IO who interviews you or the border guard to determine if you are valid or not. It is not illegal to come over to the US to visit, and then all of a sudden decide to marry. It theoretically is if you plan on getting married and then lie to the immigration officers about your intent.

This is the only other way of doing it without going by K1 and K3. Didn't say it was the best route, but if they are wanting to get married like they are planning, they're either going to have to wait in different countries or they're going to attempt something like what I mentioned.

Is there a consequence to it? Yes. If found you are entering with the plans of getting married you could get a ban from entering the US. Does that happen often? Not sure.

There are people who legitly come over for a extended visit to see their significant others and then a few months later (while on their stay) decide they want to get married. They then get married in the US and file for AOS. In this case they entered the US legitly (by not originally planning on marriage when they crossed the border for the visit). This is how people are doing it without a visa.

Also remember at your interview for your Green Card a lot of things do get waived including how you entered in the country. INS knows this happens all the time and gives people the pardons.

So those are pretty much just the 3 ways you can go about this situation in the posters case. Some more risky then the others, but done on quite a frequent basis the INS knows all about it and really isn't really doing anything to enforce or punish it like they probably should, hence why it's happening pretty frequently.

Best bet is to just get the K-1 and hold off on the marriages all together or just get married in Canada and have her stay there. Immigrate to the US at a later date after going through the K3 process from Canada (which you should be able to do)...

This is the option that I chose. I'm not promoting it at all but I will say it worked for me just fine and was a lot less costly. I don't know how many people get banned from entering the US in this fashion but if there are any examples out there, let us know.

i would like to thank everyone for the information and guidiance. I really appreciate it. i think i will most likely do the k3. i understand it may take a while..but it will give me some time and to prepare leaving canada. my concern now is the medical examination. I had a brain injurfy 4 years ago, although i may have a bit of a memory problem, and neck pain. everything is fine. i am not a violent person to cause harm to myself or others. i have not been able to work. right now i am taking courses to complete my degree in business admin. Wil having a brain injury stop me from entering US? thanks

Why not do the CR-1?

If you come in on a K-3 you will not get temporary authorization to work, and will be jobless for a lot longer. If you can afford not to work for an uncertain length of time once you get here, by all means do the K-3, but a CR-1 sounds like the better choice.

I'd go CR-1, but that's just me. You would wait about the same time as the K-3, and end up with more (like your green card and automatic work authorization) once you get to the US.

No, a brain injury will not stop you from coming to the US. I had a stroke and I got through the medical just fine.

i was banned from the US for a year for attempting to do just that.... I tired to tell them that I was going for a few weeks but they didn't believe me.. I am lucky that I only got the 1 year ban....

we attempted this on the advice from a lawyer my hubby had talked to...

Lawyers are great, aren't they?

yes they are....

u got banned because u were already married and applied for k1?

no, I was banned because the lawyer suggested that I just go down the US for a vacation and then get married and adjust status..

I tired to tell the POE person that I was going for a visit but he didn't believe me and sent me inside where they questioned me and I finally broke down and told them that I was going down to see my boyfriend to see if things were going to work out and we were going to get married if it did...

Yes you definatly have to prove to them you are at least planning to return to Canada. Most people will still keep their homes or rentals and such and then when in the US for some time (more then a few weeks) get married, then when they get their AP they take care of all the Canada stuff. If you come over the border with your life belongings for only a short trip (even a few months) and no ties to a home, or job etc in Canada, you will be caught and banned.

It can be a lot more stressful that way too, but can be quicker.

Anyways forgot about the job offer. Yeah that might be the best way to do it. I'm trying to think what other work visas there are that maybe you could be qualified for. H1B possibly since there is nothing in there about forbidding immigration intent? I don't know too much about work visas other then the TN which definatly will not work in this situation...

I would agree with the above suggestions that if you have made up your mind to get married and then apply for a US visa, then really look into the CR1 visa. Depending on the wait times of the applicable embassies (is Montreal still the only embassy to do the CR1 interviews?) then it may be advantageous to go the CR1 route.
If the wait times for a CR1 and a K3 are almost the same, I'd highly recommend the getting CR1 visa. The immigrating spouse will be able to immediately work in the US and travel outside the US with a CR1 visa. The fees for a CR1 are less expensive than a K3/AOS. One thing that hasn't been mentioned is the fee to remove the conditions on a CR1 visa, but you won't need to pay it until two years after the CR1 is issued.

You can visit the US during the visa application process, without an extra visa, if you are a Canadian. But, it is really up to the border guard to let you in. Entrance is never guaranteed, it may help to bring evidence that you will be returning to Canada. Remember to always be honest, answer questions concisely and confidently.

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Anyways forgot about the job offer. Yeah that might be the best way to do it. I'm trying to think what other work visas there are that maybe you could be qualified for. H1B possibly since there is nothing in there about forbidding immigration intent? I don't know too much about work visas other then the TN which definatly will not work in this situation...
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Yes! The H1B is considered 'dual intent' and you can adjust status from it.

Well I would not try to just cross and get married int he states.While it is perfectly LEGAL to enter the states and get married , and then go back home to Canada (not stay in the states).Most border control have no clue about this and as soon as you mention wedding will automatically think you're coming to get married AND Stay there. It is totally up to the border guys whether they will let you thru. If you click on my name on the left and click on "My Story" you will see what happens when you are too honest and not given the proper information.
I seriously would wait, apply for the K-1 cross and marry in the states . Then you can always have an unformal "wedding" in Canada if this is what you want to do.

Goodluck

I believe the K-3 is a multi entry visa, that allows you to leave the US and visit Canada without AP. Please correct me if I am wrong.

yes it is...

sorry what is multi entry visa and AP? so if we go for k3...after getting married in canada we go to us and apply and i have to leave the country?

If you get the K-3 after being married in Canada, you can visit your spouse during the process. You just need to prove that you have strong ties to Canada (job, lease, mortgage, etc) when you cross the border each time. When your visa is finally approved, then you can make the "big move." I would seriously consider the CR-1 option at this point. We're getting the K-3, but I'm kicking myself for listening to our loser lawyer and not doing the CR-1.

With the K-3, you can visit Canada as much as you would like until you adjust your status. It's a multi-entry visa. No need for Advanced Parole with the K-3.

I would be very careful about "visiting" the US and getting married here on a whim, then staying here and adjusting status. The fact that you're on this website shows that you do know the rules, and in my opinion, it's not worth the gamble you would be taking.

Best of luck

when we get married here in canada do we have to go court and have the documents for the customs to enter US? do i need to show proof that i will be back?

When you get married in Canada, you're going to need your marriage license so that you can include it on the package you send to USCIS. The proof that you need, and what is earlier being talked about, is proof, that after your marriage, and you're still in Canada and your wife/husband is in the US, is that every time you cross the border to visit, that you have ties to Canada. You don't get that from the court. The ties are your lease agreement, or mortage/deed to a house, a job...bank statements or a letter from your employer. The idea is to bring proof when you enter the US to visit, that you are going to be returning.......that you're going about this immigration legally, and not just going to stay here in the US after your marriage.

You'll need the marriage certificate actually, not the license. The license only allows you to be legally married, it is not proof that you are actually married.

btw, an H1B visa is almost impossible to get unless you have a university degree, and want to wait a year or more. They are limited to the number that are given out every year, and they're usually all taken up within a couple hours of when they're released. You've already missed the deadline and quota for this year.

If you're getting married in Canada, then you're staying in Canada until you get your marriage based visa. Except for short visits during the process, for which you will need to bring proof of ties to Canada.

I was going to actually say there is a cap on the H1B's and not sure if it's already been filled for the year or not. Apparently it has, so yeah, that one's out too...

And there is no gaurentee even with these documents that the border guards will let you in. It is totally up to each individual guard whether he lets you in or not.

That's right, Warlord, there is a cap on the number of H1B's available. I remember that, for the past two years, the USCIS got twice the number of applicants on the day that the visas became available.
However, I don't think that the cap applies toward universities. But, again, it usually applies for people with university degrees. So, post-doctoral research fellows, visiting scholars or doctors etc...