Marry in Canada and live in the U.S.?

[Clovest69 0]

My fiancé is a Canadian citizen and currently resides there (B.C.), while I am an American citizen and reside here (California). We are going to get married in Canada and were wondering what the legal steps are if we were to marry there (BC) and then move here (California)? We looked for information on this topic at various amounts of sites and found NOTHING of use to us; all we found was information on marrying in the U.S. and applying for a K-1 Visa. Also, we have been dating for nearly 3 years, our last in person visit is from July.1st/2015 - September.18th/2015. We keep all our pictures together, our joint bank account papers, plane tickets, and packages sent to and from each other. I am also not too sure if I make enough money for the affidavit, but my uncle makes $800,000 a year and is willing to be a co-signer with me. These are my questions;

1. Do we need to apply for anything before we get married in Canada?

2. Once we're married, what do we do for her to legally be allowed to move to the U.S.? (Remember that I am a born American citizen who does legally live here)

3. What is the average time it would take for the process of applying/getting accepted for all the things we need for her to legally live here?

4. During the processing times of whatever we need, is she allowed to stay with me in California?

5. Once she is allowed to move to California legally, is she allowed to bring all her things down to the U.S.? Or will the officers at the boarder stop her from doing so? (She has nothing illegal; no drugs, alcohol, or weapons)

6. Is it even possible to get a co-signer for the affidavit saying I can provide for her, if he is my uncle? Or would it be better if my mother was a co-signer? The reason my uncle would be my first choice, if legally allowed, is because he is a surgeon and therefore, makes more money than my mother.

Thank you so so very much for everyone's help in advance! And I am also sorry for all the questions and writing, I just wanted to provide as much information, so as to get the most accurate answers and my fiancé and I are very confused about how all this immigration stuff works!

[Cyberfx1024 7,978]

You would need to get married and file a CR1 visa in order to bring her here as your wife. She can not live with you in California while the visa is processing. She can come and visit, but can not already bring everything she owns down here until the case is complete. I see

You do not make enough to qualify to bring her here? If not then yes you can use a co-signer. It has to be someone who will put on paper that they will help support you or your future wife.

The average time for the CR1 is roughly a year. The K3 visa is almost obsolete at this point, so don't use that.

[teeak 224]

1. Nope.

2. You would apply for the spousal visa (CR-1) since you'll be married less than 2 years. IR-1 is for people married for more than 2 years. This is the guide you'll need: http://www.visajourney.com/content/i130guide1

3. Since you live in California, and the California Service Center is moving very quickly in approving the I-130 petitions, you should have an approval within a month or two and then another 6 months at NVC, maybe less/more, then another month or two till the interview. It should probably take about a year to a year and half. Given this is timeline is if everything moves smoothly with no RFEs (requests for evidence) or checklists which would delay your case.

4. Yes, she is allowed to visit with you in California since she's Canadian and is allowed to visit the US for up to 6 months. But, she'll need to go back to Canada for her medical and interview.

5. Yes, she can just rent a truck and come through an approved POE (port of entry). She'll legally be allowed to do this since she will have an immigrant visa.

6. Yes, he would be the joint sponsor. It doesn't matter who it is, as long as they are a legal resident, over 18 and reside in the US. If your mother makes enough money to sponsor her then she can do that as well. There are poverty guidelines you have to follow to see if someone earns enough for their household size and the intending immigrant. http://www.uscis.gov/i-864p

Edited August 27, 2015 by teeak

[ekl3s1a 1]

1. Nope.

2. You would apply for the spousal visa (CR-1) since you'll be married less than 2 years. IR-1 is for people married for more than 2 years. This is the guide you'll need: http://www.visajourney.com/content/i130guide1

3. Since you live in California, and the California Service Center is moving very quickly in approving the I-130 petitions, you should have an approval within a month or two and then another 6 months at NVC, maybe less/more, then another month or two till the interview. It should probably take about a year to a year and half. Given this is timeline is if everything moves smoothly with no RFEs (requests for evidence) or checklists which would delay your case.

4. Yes, she is allowed to visit with you in California since she's Canadian and is allowed to visit the US for up to 6 months. But, she'll need to go back to Canada for her medical and interview.

5. Yes, she can just rent a truck and come through an approved POE (port of entry). She'll legally be allowed to do this since she will have an immigrant visa.

6. Yes, he would be the joint sponsor. It doesn't matter who it is, as long as they are a legal resident, over 18 and reside in the US. If your mother makes enough money to sponsor her then she can do that as well. There are poverty guidelines you have to follow to see if someone earns enough for their household size and the intending immigrant. http://www.uscis.gov/i-864p

On number 4, if she can come here to the US and stay for 6 months can't they just get married here in the US and do an AOS? Is that not possible? Or is that like illegal or fraud?

[teeak 224]

That would be illegal since she would enter the US with the intent to immigrate and that is immigration fraud. The border officials let you enter with the impression that you will leave the country before your "visa" expires. To enter with the intention of staying forever is illegal.

[Transborderwife 4,666]

You would need to return to file for a cr1 visa while she remains in Canada. It takes about a year.

[Clovest69 0]

1. Nope.
2. You would apply for the spousal visa (CR-1) since you'll be married less than 2 years. IR-1 is for people married for more than 2 years. This is the guide you'll need: http://www.visajourney.com/content/i130guide1
3. Since you live in California, and the California Service Center is moving very quickly in approving the I-130 petitions, you should have an approval within a month or two and then another 6 months at NVC, maybe less/more, then another month or two till the interview. It should probably take about a year to a year and half. Given this is timeline is if everything moves smoothly with no RFEs (requests for evidence) or checklists which would delay your case.
4. Yes, she is allowed to visit with you in California since she's Canadian and is allowed to visit the US for up to 6 months. But, she'll need to go back to Canada for her medical and interview.
5. Yes, she can just rent a truck and come through an approved POE (port of entry). She'll legally be allowed to do this since she will have an immigrant visa.
6. Yes, he would be the joint sponsor. It doesn't matter who it is, as long as they are a legal resident, over 18 and reside in the US. If your mother makes enough money to sponsor her then she can do that as well. There are poverty guidelines you have to follow to see if someone earns enough for their household size and the intending immigrant. http://www.uscis.gov/i-864p

 

Sorry, I meant to reply to that. Would it be easier if we were to marry in the U.S. with a K-1 visa (fiancé visa, I believe it is) ? Would it be at all faster?

Edited September 1, 2015 by Ryan H

[teeak 224]

Sorry, I meant to reply to that. Would it be easier if we were to marry in the U.S. with a K-1 visa (fiancé visa, I believe it is) ? Would it be at all faster?

Yes, it is a bit faster than the spousal visa but it also is much more expensive. She also wouldn't receive her green card when she first comes into the US and wouldn't be able to work right away and won't be able to leave the country until she gets her AP card.

Here's a comparison chart: http://www.visajourney.com/content/compare

Edited August 27, 2015 by teeak

[Clovest69 0]

Yes, it is a bit faster than the spousal visa but it also is much more expensive. She also wouldn't receive her green card when she first comes into the US and wouldn't be able to work right away and won't be able to leave the country until she gets her AP card.

Here's a comparison chart: http://www.visajourney.com/content/compare

Thank you so much for all the information, you've been a tremendous amount of help! It's been a great deal of stress, trying to figure all this stuff out on our own and you've taken a lot of weight off our shoulders!

[teeak 224]

No problem! Glad to have been able to help!

[Clovest69 0]

No problem! Glad to have been able to help!

One more quick question, if you don't mind. After we're married (in Canada, most likely in the province of British Columbia), is she allowed to change her last name to mine? If she is, should she get all her legal documents changed before we apply for the CR1? Or would we be allowed to apply, while she's getting her last name changed on her passport, drivers license, care card and a new social number?

[canadian_wife 1,785]

You can send the petition while she is in the works of changing her last time with the BC government and getting a new passport.

Keep in mind, the CR-1 visas are only processed through Montreal (yes, yes, even though there is a consulate in Vancouver) so be prepared for that extra cost to be factored in

good luck

[teeak 224]

Yes, you can send the petition while in the process of having her name changed.

[NikLR 13,220]

To be honest, do the fiancée visa. Shes in BC and the cost of flying to and from Montréal may be more than the AOS and 3 months lost wages. Do the math and read the comparison guides.

[NikLR 13,220]

One more quick question, if you don't mind. After we're married (in Canada, most likely in the province of British Columbia), is she allowed to change her last name to mine? If she is, should she get all her legal documents changed before we apply for the CR1? Or would we be allowed to apply, while she's getting her last name changed on her passport, drivers license, care card and a new social number?

sha can change everything while you're processing. As long as ahe has her married name on her passport before interview she will get her visa and green card in married name. Just note only her maiden name will be on the marriage certificate because that is how BC works (I was also married in BC.) That was the name she was married with.