I am a Canadian and I just finished studying for two years in California. I didn't finish my degree, but I met my fiance down there. I have now moved back up to Canada, and we are planning to get married here in December of 2008. We then want to move down to DC because my fiance is going to grad school there, and I am hoping to be able to work ASAP. I'm really confused about which visa I need to apply for and how long they will take. Help!

P.S. Ideally, I would like to work down in DC for a few months before our wedding, then go back up to Canada for the wedding and straight back to DC. Would this be at all possible?

Thanks so much!

Cecilia

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You have some options. File a I-129F fiance visa which takes about 6-9 months. In that case you would have to get married in the US within 90 days of using the VISA. You can't get married in Canada.

Or file a I-130 spousal visa. It takes about a year and of course you can't start the process until you're married and you can't come here even on a work visa during that time to the best of my knowledge. If your wedding is planned for December of 2008 then you wouldn't be able to join him until about December of 2009.

It just depends on the separation issue and how determined you are to have the wedding in Canada. Will he be staying with you after the wedding during the time the visa is being processed?

If not, it might be wiser to have an unofficial ceremony in Canada and then have the official one here in the US after coming here using the I-129F.

If finances are a consideration. The I-129F is quicker but it will end up costing you more because you will have to file another application after arriving to adjust your status.

I preferred the Fiance visa even though it will cost us a bit more. I wanted to be with him as soon as possible and I thought it would be easier to be separated before being married than being separated after we were man and wife.

This is the book I'm using. It discuss both options. It's called Fiance & Marriage Visas-A Couples Guide to U.S. Immigration. 4th Edition by Bray and has a picture of a white lab on front/your legal companion!

I'm sure you get lots of replies. People are very helpful here. Good luck.