Fiancee living in US while Visa pending

[scottnmo 0]

 I am a Canadian and US citizen going to school in Canada. I recently got engaged to my long time girlfriend who is a Canadian and I was just offered a job in Idaho and wondering what the best course is to get her into the US with me? We are considering getting married in Canada and then file a K3 Visa or would it be best to file for the K1 and get married in the US? Also, can she come with me to the US as a visitor and then start the process in Idaho? We are worried that she will have to stay in Canada for months while the process plays out. We don't want to break any rules but would like to know what the most expedient path is and if she can cross the border as a Canadian citizen and live with me.

[GabiMatch 161]

23 minutes ago, scottnmo said:

 I am a Canadian and US citizen going to school in Canada. I recently got engaged to my long time girlfriend who is a Canadian and I was just offered a job in Idaho and wondering what the best course is to get her into the US with me? We are considering getting married in Canada and then file a K3 Visa or would it be best to file for the K1 and get married in the US? Also, can she come with me to the US as a visitor and then start the process in Idaho? We are worried that she will have to stay in Canada for months while the process plays out. We don't want to break any rules but would like to know what the most expedient path is and if she can cross the border as a Canadian citizen and live with me.

The fastest way would be the K1 and she could visit you during the process, the problem with the K1 is that she will have to stay out of the workforce from the time she arrive here on the K1 to the time she get her EAD so it depends on hoe long will take for you guys to get married after she arrive...the spouse visa in the other hand takes a little longer, but she get a green card as soon as she arrives here so she can work or go to school right then...it's just a matter of what will work best for you guys, but the K1 is definitely the one that's going to give you guys less time apart.

Good luck!

[scottnmo 0]

Thanks - very helpful

 

[S*UK 543]

I dont actually know the answer to this - maybe someone else reading this can chip in - but, can you not go via the Direct Consular Filing route in Canada since you are a US citizen living in Canada? This is quicker than a K3 and gets you all the benefits of the K3 - work, green card etc.

 

In terms of K3 vs K1, K1 is quicker but more expensive. Your fiancee will have to accept not being able to work for a minimum of 4 months (depends on marriage date) once in the US on a K1. So I guess the question is more a financial one if that becomes an issue.

[scottnmo 0]

Direct Filing Consular? Never heard of that - will need to do some research

 

Thanks for the tip. Financial is not a concern, minimizing time apart is the main concern.

[Going through 5,668]

18 minutes ago, S*UK said:

I dont actually know the answer to this - maybe someone else reading this can chip in - but, can you not go via the Direct Consular Filing route in Canada since you are a US citizen living in Canada? This is quicker than a K3 and gets you all the benefits of the K3 - work, green card etc.

There is no DCF option in Canada.  Only normal processing and all interviews are done in Montreal.

 

 

[S*UK 543]

5 minutes ago, scottnmo said:

Direct Filing Consular? Never heard of that - will need to do some research

 

Thanks for the tip. Financial is not a concern, minimizing time apart is the main concern.

Sorry, wasn't aware that Canada doesnt have DCF. Thanks for that info @Going through.

If finances are not an issue, I suggest the K1 she can visit whilst you file and you will be together much quicker than a K3.

[Going through 5,668]

Just now, S*UK said:

Sorry, wasn't aware that Canada doesnt have DCF. Thanks for that info @Going through.

If finances are not an issue, I suggest the K1 she can visit whilst you file and you will be together much quicker than a K3.

Yeah they used to but stopped it years ago, unfortunately.

[canadian_wife 1,791]

K-1s are slightly faster than the spousal visa but the spousal visa is far superior.  Your GF cannot come to the US as a visitor and live.  However you guys may start the process while she is visiting but she will need to return.  Some things to think about  - the consulate will be Montreal 

- Heath care as she will not be eligible for provincial health care once she moves

- finishing school, is she in school too?  Is she close to finishing?  This is something she may want to do before she moves due to the cost of schooling in the US with the current exchange rate. 

 

Good luck 

[kris&me 572]

don't come on visitor visa and AOS  it really is fraud to come with intent to stay

K1 is faster but the wait to work is longer and the AOS fee now is high

no K3

it is CR1 for married / best way as costs go

 

[scottnmo 0]

The only caveat here is that I am also a Canadian citizen so getting married in Canada prior to moving is a possibility I am not sure will play into our decision. We can wait, or get married now - whatever will work best.

[Going through 5,668]

15 minutes ago, scottnmo said:

The only caveat here is that I am also a Canadian citizen so getting married in Canada prior to moving is a possibility I am not sure will play into our decision. We can wait, or get married now - whatever will work best.

All I will suggest is do your diligent research into both options---the K1 or the CR-1 (the K3 is pretty much obsolete right now).

 

Literally, take out a sheet of paper, draw a line down the middle and write down the pros/cons of each visa type as pertains to you and your fiancee's personal situation...logistically, cost, leg work involved, time, etc.   Best way to figure out which way you want to go.

 

On an aside---you can get married in the USA as well if she has a tourist visa (regular Canadian passport) however she would have to return to Canada afterwards while you file the petition from within the States.

 

 

Edited October 8, 2017 by Going through

[NikLR 13,220]

~~moved to what visa do I need from k1 progress reports~~

[Lemonslice 4,553]

Is your fiancée comfortable with the idea of being unable to work and return to Canada freely, for a few months at least?  If not, then forget about  the K1 option and opt for the CR1.

[geowrian 22,335]

11 hours ago, scottnmo said:

We are considering getting married in Canada and then file a K3 Visa or would it be best to file for the K1 and get married in the US?

K-3 is obsolete and almost never issued. If you are married, make your life easier and just go for the CR-1 (a K-3 would turn into this anyway).

 

11 hours ago, scottnmo said:

Also, can she come with me to the US as a visitor and then start the process in Idaho?

You can file for  the K-1 or CR-1 while she is in the US, but she cannot enter with the intent to stay / adjust status.

 

11 hours ago, scottnmo said:

We are worried that she will have to stay in Canada for months while the process plays out.

Possibly....but that's just the way it is.

 

11 hours ago, scottnmo said:

We don't want to break any rules but would like to know what the most expedient path is and if she can cross the border as a Canadian citizen and live with me.

Not "rules"...immigration laws.

She can stay with you while she visits (not "live" with you). She must exit the US on time. A Canadian can be granted up to 6 months of status at a time. A K-1 is taking 7-9 months on average, and a CR-1 taking 12-14 months on average.