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nikpatel

Get Married Now or Wait?

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Hi all:

First off, thanks to the community of folks here who give their time, effort, and understanding to make this process simpler for those of us who feel lost by it all!

I am a US citizen living in California. My fiance is a Canadian citizen living in Toronto. We would like to live together (in the US) as soon as possible with her being able to legally work in the US but are not sure the best and/or fastest method to do this. Should we file for a K1 fiance visa or get married first and then file for an IR1/CR1 visa?

Which method allows her to come to the US (and stay in the US) faster?

Which method allows her to look for a job and work in US faster?

If we should get married, does it matter where we get married?

Also, we are planning to do a traditional wedding ceremony (religious, not legal) in Italy this October, and I want to make sure that us traveling out of country during this process won't be an issue.

Please advise. Thank you kindly!

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Hi all:

First off, thanks to the community of folks here who give their time, effort, and understanding to make this process simpler for those of us who feel lost by it all!

I am a US citizen living in California. My fiance is a Canadian citizen living in Toronto. We would like to live together (in the US) as soon as possible with her being able to legally work in the US but are not sure the best and/or fastest method to do this. Should we file for a K1 fiance visa or get married first and then file for an IR1/CR1 visa?

Which method allows her to come to the US (and stay in the US) faster?

Which method allows her to look for a job and work in US faster?

If we should get married, does it matter where we get married?

Also, we are planning to do a traditional wedding ceremony (religious, not legal) in Italy this October, and I want to make sure that us traveling out of country during this process won't be an issue.

Please advise. Thank you kindly!

to simply come to the U.S. Fiancé is quicker but she can't work for several months which can drive some people crazy .

Spouse visa, longer but allows her to work as soon as she gets her and not have to deal with adjusting status waiting to work etc.

Does not matter where you get married, married is married anywhere so you guys can pick .

No issues traveling whatsoever .

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Hi,

The K-1 fiancée visa is slightly faster than a spousal visa. However, the K-1 requires marriage within 90 days and then filing to adjust status. Once she files for AOS, it will take about 90 days to get her EAD/AP card. She can only work with an EAD card, so she will not be working for that time. Furthermore, if she leaves the U.S. without AP, then she abandons the process.

With a spousal visa, she gets a green card upon entry. She can immediately work and leave the U.S.

Does not matter where you get marry if you want to get a spousal visa. You must marry in the U.S. With a K-1 visa.

Nothing will be done by October. Be aware that the U.S. embassy may consider you married even with a religious ceremony. People have been warned about this and ignored it to their detriments.

Best of luck

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You need to start by reading the guides above and deciding what will be best for you two.


11/06: Husband EWI from Mexico
11/08: Started dating

11/11: Husband got deported
1/11/14: Got married
3/13/14-11/2/14:
I-130
1/26/15-3/17/15: NVC

5/28/15: INTERVIEW - denied

6/8/15: I-601/I-212 waivers received

11/17/15: I-601/I-212 waivers APPROVED

12/11/15: HUBBY HOME!! :dance:

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Thanks for the quick response everyone!

I have read some of the guides on this site and have been a little confused by them. The Comparison of Marriage Visas page http://www.visajourney.com/content/comparesays that the approximate time to get an IR1/CR1 visa is 16 months, but when you scroll down to read the specifics states that it's a 7 month process.

It seems like doing the IR1/CR1 Spousal visa makes the most sense to me. Here's my understanding of how it breaks down:

1. My fiance and I get married (wherever).

2. I file I-130 with the USCIS.

3. The USCIS approves then forwards to the NVC.

4. The NVC approves then forwards to the US Consulate in Canada.

5. The US Consulate in Canada approves and my fiance is granted a visa.

6. My fiance comes to the US and immediately becomes a LPR and gets her Green Card sent in the mail. She can start looking for work immediately.

^ This process takes roughly 7 months once I file the I-130.

Please correct me if I've misunderstood something.

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No you missed document intake at the NVC. affidavit of support and immigrant visa documents and forms. It takes roughly a year.


You have brains in your head. You have feet in your shoes. You can steer yourself any direction you choose.  - Dr. Seuss

 

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It seems like doing the IR1/CR1 Spousal visa makes the most sense to me. Here's my understanding of how it breaks down:

1. My fiance and I get married (wherever).

2. I file I-130 with the USCIS.

3. The USCIS approves then forwards to the NVC.

4. The NVC approves then forwards to the US Consulate in Canada.

5. The US Consulate in Canada approves and my fiance is granted a visa.

6. My fiance comes to the US and immediately becomes a LPR and gets her Green Card sent in the mail. She can start looking for work immediately.

^ This process takes roughly 7 months once I file the I-130.

Please correct me if I've misunderstood something.

Answers:

  • You have understood #'s 1, 2 and 3.
  • The NVC does not approve anything, the NVC is a document intake facility where they check for completeness. Once they receive documents and everything needed is there, they will forward it to the US Consulate in Montreal (there are several US Consulates in Canada but only the one in Montreal conducts immigrant visa interviews).
  • For #5, a visa interview will take place and the decision on whether or not to grant your future spouse a visa will be made at that time
  • For #6, if your future spouse is granted a visa, she will become an LPR upon entry. Her green card will be sent after the production fee is paid. She can start looking for work but employers will probably want to see a Social Security Number before they hire.

Given current processing times, you are looking at a 10-12 months from initial filing of the petition to the time an interview takes place.


Our journey:

Spoiler

September 2007: Met online via social networking site (MySpace); began exchanging messages.
March 26, 2009: We become a couple!
September 10, 2009: Arrived for first meeting in-person!
June 17, 2010: Arrived for second in-person meeting and start of travel together to other areas of China!
June 21, 2010: Engaged!!!
September 1, 2010: Switched course from K1 to CR-1
December 8, 2010: Wedding date set; it will be on February 18, 2011!
February 9, 2011: Depart for China
February 11, 2011: Registered for marriage in Wuhan, officially married!!!
February 18, 2011: Wedding ceremony in Shiyan!!!
April 22, 2011: Mailed I-130 to Chicago
April 28, 2011: Received NOA1 via text/email, file routed to CSC (priority date April 25th)
April 29, 2011: Updated
May 3, 2011: Received NOA1 hardcopy in mail
July 26, 2011: Received NOA2 via text/email!!!
July 30, 2011: Received NOA2 hardcopy in mail
August 8, 2011: NVC received file
September 1, 2011: NVC case number assigned
September 2, 2011: AOS invoice received, OPTIN email for EP sent
September 7, 2011: Paid AOS bill (payment portal showed PAID on September 9, 2011)
September 8, 2011: OPTIN email accepted, GZO number assigned
September 10, 2011: Emailed AOS package
September 12, 2011: IV bill invoiced
September 13, 2011: Paid IV bill (payment portal showed PAID on September 14, 2011)
September 14, 2011: Emailed IV package
October 3, 2011: Emailed checklist response (checklist generated due to typo on Form DS-230)
October 6, 2011: Case complete at NVC
November 10, 2011: Interview - APPROVED!!!
December 7, 2011: POE - Sea-Tac Airport

September 17, 2013: Mailed I-751 to CSC

September 23, 2013: Received NOA1 in mail (receipt date September 19th)

October 16, 2013: Biometrics Appointment

January 28, 2014: Production of new Green Card ordered

February 3, 2014: New Green Card received; done with USCIS until fall of 2023*

 

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Will any complications arise if my fiance finds a job in the US (and the company is willing to sponsor her) whilst the spousal visa process is going on? She's actively looking for a job here, but I just want to make sure that filing for the IR1/CR1 spousal visa won't interfere or delay her ability to come to or work in the US.

Thanks!

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Will any complications arise if my fiance finds a job in the US (and the company is willing to sponsor her) whilst the spousal visa process is going on? She's actively looking for a job here, but I just want to make sure that filing for the IR1/CR1 spousal visa won't interfere or delay her ability to come to or work in the US.

Thanks!

No. Perfectly okay to pursue multiple paths to the U.S.

Realistically, she will not just get a job and a work visa immediately. That would take a year or more. By that time, she will be here on the petition you filed.

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like a TN-1 visa? perfect, if'n spouse is canadien citizen.


Sometimes my language usage seems confusing - please feel free to 'read it twice', just in case !
Ya know, you can find the answer to your question with the advanced search tool, when using a PC? Ditch the handphone, come back later on a PC, and try again.

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Hi all:

I had a phone consultation with an immigration lawyer today, and he told me that the fastest way would be for my fiance to come to the states (he said to buy a roundtrip ticket and pack light), we get married, then she stays here instead of going back and we file for an adjustment of status and she'll get something within 4 months (and then she can get a work permit a few months later).

This doesn't seem entirely legal, however, so I'm hesitant to pursue this path. Can anyone confirm that this is a viable/legal method?

For financial reasons, we may decide to stick with the route where we get married and she stays in Canada and continues to work there whilst the spousal visa is being filed. I know that it doesn't matter where we get married (US or Canada), but there are significant delays in how long it takes us to get our official marriage certificate depending on where we get married. If we get married in Canada it takes a few months to get our marriage certificate, but we do receive a certificate of solemnization immediately. Can I start the spousal visa process with the certificate of solemnization, or do I need the official marriage license first?

Thanks!

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Thanks for the info regarding immigration fraud!

Regarding my 2nd question (whether a "Record of Solemnization" can be used when filing my I-130), I found some information on the following thread: http://www.visajourney.com/forums/topic/21700-marriage-license-in-ontario-canada/

That said, it seems unclear as to what the most efficient way of doing this is. Should I submit the record of solemnization and include a note explaining how long it takes Ontario to provide a marriage certificate (and then send the certificate as soon as we get it)? Should I wait until we have the certificate to submit anything?

The real question here ultimately is -- should we get married somewhere else where we can get the marriage certificate faster? (i.e., the US)

Appreciate the help/advice you all are giving me! I am planning on traveling to Canada in a week's time and want to make sure that I go about this in the correct way.

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I would wait. It takes about a month or so to get the marriage certificate. It's really not that long an allows you to get everything else together.


You have brains in your head. You have feet in your shoes. You can steer yourself any direction you choose.  - Dr. Seuss

 

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Hi all,

Just received confirmation that my marriage certificate is in the mail! =) Getting all of my documents together for the I-130 and had one quick question for which I've read/heard different things:

Whilst we are in the IR-1 / CR-1 Visa process, is my Canadian citizen wife allowed to enter the US at all? There's a wedding she was planning on attending in late November, but she'd only be in the US for 7-10 days. I've heard that it's allowed, it's not allowed, and that it depends entirely on the Customs / Border Patrol Agent. Can anyone shed any light on this for me? Just want to make sure before she buys airline tickets.

Thanks!

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