Hoping to marry in three weeks

[Patzt 0]

I posted this on another forum and they adivsed that I put it here.

It's kind of urgent as we hope to marry in Canada in about 3 weeks.

Here's what I posted:

We are two seniors (widow and widower) wishing to marry. (67 years and 71)

There will not be any working involved.just companionship. We are both seniors and will not be going out to work. I'm Canadian (Guelph, Ontario) and he's American (Falls Church, VA)

We hoped to keep a small residence here in Canada and one in Virginia. We found out last evening that we should have some papers and we're not sure what we need or how to get them.

Can someone help?

[brnidokiegurl 1]

after marriage u will file the k3 or cr1 but this isnt going to be fast your looking at close to a year for the visa

[melusine 5]

and during the meantime period i guess some long period visa might do the trick.

As a canadian you can i think stay in US for 6 months max.

I don't know then for the US citizen how long he can stay in canada.

[Patzt 0]

after marriage u will file the k3 or cr1 but this isnt going to be fast your looking at close to a year for the visa

So during marriage, can travel be made between Virginia and Ontario together?

This is all so confusing.

[melusine 5]

I would think so... but with a tourist status.

Do you know in what country you would like to be a resident in the futur ? Canada or US ?

[Patzt 0]

after marriage u will file the k3 or cr1 but this isnt going to be fast your looking at close to a year for the visa

So during marriage, can travel be made between Virginia and Ontario together?

This is all so confusing.

We had hoped to keep a residence here (my current house that I own) and travel between the two as his family are all in USA and mine are all in Canada. I was hoping to keep my OHIP as well.

We thought that this would be such an easy little procedure.

[brnidokiegurl 1]

Im not familiar with the time length allowed to visit at one time or how many times, there is a group fr canada on here hopefully someone will come along soon

after marriage u will file the k3 or cr1 but this isnt going to be fast your looking at close to a year for the visa

So during marriage, can travel be made between Virginia and Ontario together?

This is all so confusing.

We had hoped to keep a residence here (my current house that I own) and travel between the two as his family are all in USA and mine are all in Canada. I was hoping to keep my OHIP as well.

We thought that this would be such an easy little procedure.

unfortunately no it wont be quick or easy as in just saying ok we are married now back and forth

go to the forums headings, look for regional discusions- canada- and post there for those more experienced to read and help

Edited May 2, 2008 by brnidokiegurl

[BexandAlan 0]

When you go to the US you will need to prove at the point of entry that you have ties to Canada and that you are not going to enter the US and then just never leave. It could be a problem as you are retired and most people use their job as a fundamental tie to their home Country. However the fact that you have a residence will help. If you own a car, have bank accounts, doctors appointments, social events that you intend to attend - any kind of commitment you have made for the future - then you will need to take as much evidence of that with you in order to convince the boarder official that your visit is temporary.

You can file the papers whilst you are in the US but will be required to return to Canada when you get to the interview stage. I don't know anything about your SO coming to Canada but I'm sure their are lots of people on here that can advise you on that.

Good Luck & Best Wishes

Bex xxx

[Patzt 0]

Thank you so much!

I'll keep watching.

[pushbrk 14,516]

Since you want to keep your "OHIP", it sounds like you want to technically remain a permanent resident of Canada. All spouse related immigration to the USA is with the premise of US permanent residence. Unless or until you want to become a US permanent resident, I think I would just do nothing about a visa and make sure you spend no more than six months a year in the US.

Just don't talk to agents at border crossings about living in the country you don't have authorization to live in and you should have no problems crossing even during the visa process whenever that is.

A smart way to do that might be to come to the USA, file the I-130 and stick around a few months. Then both of you return to Canada until the visa process is complete.

Edited May 2, 2008 by pushbrk

[sib 7]

I think you have to make up your mind where your main residency will be (e.g. means where you will spend more than 183 days a year).

If this will be US, you need a green card for US. If this will be Canada, your husband to be needs a permit to live in Canada.

Depending on where you are living mainly, you also have to file taxes (I don't know the Canadian tax law, but part of the American).

If your main residency will be US, you need to apply for a K3 or CR1 visa if you want to get married soon, if you want to wait with marriage file for K1 visa and get married after that being issued.

I don't think you will get a lot of problems travelling during the process of the visa, you still have ties to Canada and also regarding your age, but you never know.

Wishing you luck.

Sib

[MarkNAshley 0]

after marriage u will file the k3 or cr1 but this isnt going to be fast your looking at close to a year for the visa

So during marriage, can travel be made between Virginia and Ontario together?

This is all so confusing.

We had hoped to keep a residence here (my current house that I own) and travel between the two as his family are all in USA and mine are all in Canada. I was hoping to keep my OHIP as well.

We thought that this would be such an easy little procedure.

In order to keep your OHIP you're going to need to remain a Ontario resident. You may be able to treat your visits to the US as... visits. Visitors to the US can remain up to 6 months and as a Canadian you don't need a visa to do this. Based on the link below you will need to reside in Ontario for 153 days per year to maintain your OHIP eligibility.

http://www.health.gov.on.ca/english/public...ip/ohip_mn.html

As previous people stated you may run in to problems when crossing the border with proving your intent to return but some research on this forum should help and if you truly intend to return you shouldn't have a problem. Entering the US for prolonged periods of time is very common for retired Canadians. My father is a Canadian citizen and my mother is a US citizen and they have never had a problem crossing the border, they don't have property in the US but where I live now several Canadians do and they don't appear to have any problems crossing.

In the end you will need to decide on what your intent is. If you intend to immigrate to the US you will need a visa that allows immigration but this would also probably require you to give up your Ontario residency. If you intend to remain in Canada and visit for less than 6 months every year you should have no problems other than convincing a CBP representative that you will be returning to Canada and you don't intend to immigrate.

Hope this helps and Congratulations on your upcoming Wedding.

[rebeccajo 14]

Since you want to keep your "OHIP", it sounds like you want to technically remain a permanent resident of Canada. All spouse related immigration to the USA is with the premise of US permanent residence. Unless or until you want to become a US permanent resident, I think I would just do nothing about a visa and make sure you spend no more than six months a year in the US.

Just don't talk to agents at border crossings about living in the country you don't have authorization to live in and you should have no problems crossing even during the visa process whenever that is.

A smart way to do that might be to come to the USA, file the I-130 and stick around a few months. Then both of you return to Canada until the visa process is complete.

Let me say I'm not citing pushbrk to say he's incorrect here.

But filing any paperwork isn't a good idea until the couple ultimately decides where they want to live. And splitting residences between countries seems problematic to me, at least on the surface and without some other professional opinions.

I'm assuming as the OP wishes to retain OHIP, so does her intended wish to keep any of his SS benefits. What are the tax implications going to be for retirement benefits, etc? How will they file?

[~Laura and Nick~ 5]

I think you need to make the tough decision of where you want to reside and go from there.

At first, before I researched I thought it had to be so easy, you could just move on down, after all, we get to visit so easily, go over the border whenever want, etc. but moving there is a whole other kettle of fish and is complicated and drawn out.

Whatever you decide, I wish you much luck.

[pushbrk 14,516]

Since you want to keep your "OHIP", it sounds like you want to technically remain a permanent resident of Canada. All spouse related immigration to the USA is with the premise of US permanent residence. Unless or until you want to become a US permanent resident, I think I would just do nothing about a visa and make sure you spend no more than six months a year in the US.

Just don't talk to agents at border crossings about living in the country you don't have authorization to live in and you should have no problems crossing even during the visa process whenever that is.

A smart way to do that might be to come to the USA, file the I-130 and stick around a few months. Then both of you return to Canada until the visa process is complete.

Let me say I'm not citing pushbrk to say he's incorrect here.

But filing any paperwork isn't a good idea until the couple ultimately decides where they want to live. And splitting residences between countries seems problematic to me, at least on the surface and without some other professional opinions.

I'm assuming as the OP wishes to retain OHIP, so does her intended wish to keep any of his SS benefits. What are the tax implications going to be for retirement benefits, etc? How will they file?

We're in agreement anyway but one need not reside in the USA to continue to receive their SS benefits.

When you say splitting residences is problematic, what problems come to mind, for whom and why?

If the Canadian becomes US permanent resident, she may have problems maintaining that status while splitting residences. This is why I also suggested doing nothing about a visa (like filing any papers) for her until/unless they decide she wants a green card. Do other problems come to mind?