American marrying a Canadian

[norftown 0]

Like many, I'm having a hard time figuring out what steps my girlfriend and I need to take for our particular situation. I'm a US citizen dating a Canadian who is living in Canada and we have begun discussions of getting married. I plan on getting engaged this fall (September?) and marrying in the spring of next year (May?).

If we get engaged in the fall she would like to move here shortly thereafter so we can be together and so she can begin looking for employment. So a 90 day fiancee visa would not be long enough and I'm not sure that I can sponsor her since we wouldn't be married yet.

The wedding would take place in Canada and we would probably need to be able to travel back and forth while engaged to making wedding plans.

The honeymoon trip would be right after the wedding and we would be travelling outside the US and Canada for at most 2 weeks.

We would then return to the US to live together.

I'm very confused as to if we can even do this and if so, what forms to complete and when everything has to happen. Also, she doesn't want to give up her Canadian citizenship so I assume that in the end she would get a green card. There is also a change that in a few years down the road we may end up moving to Canada.

Any advice or a push in the right direction would be greatly appreciated.

[Bobby+Umit 161]

CR-1 route seems to suit the info you posted - check the guides above and look over the different options.

[Nik+Heather 121]

Wow, you guys have been dreaming! It all sounds very romantic, don't get me wrong....

BUT, I think you need to start your thinking all over again with a clean slate AFTER you have reviewed your legal options.

You can make the suggested CR1 plan work if you get married (on paper) ASAP, and then file for your married (CR1) visa. Then plan your big ceremonial wedding for next May. If the CR1 has gone through by then (chances are good, if you start now - not so good if you start in the fall), there won't be any restrictions on international travel, as she'll already have her green card.

Here are your other options and trade offs:

K1 (fiancee):

- If filed after you get engaged in the fall, don't count on it being ready in time for your May 2010 wedding.

- If filed this summer, you are likely (but not guaranteed) to have it in time for May 2010 wedding.

- Honeymoon immediately after the wedding will have to be in the US, OR have a delayed Honeymoon outside the US after AP is applied for with your AOS.

- She can't move here until (at MOST!) 89 days before the wedding day, sometime in February.

- She can't work until after EAD is applied for with AOS (about 3 months), which is applied for after the wedding.

K3:

- Have to get married legally before you can start the process (again, can do legal paper wedding).

- There is a chance if you start soon that you could have your international honeymoon after your ceremonial wedding in May 2010...IF you have gotten the K3 approved AND applied for your AP with AOS AND that AP has been approved.

- This route is no longer recommended as it is more limited, and no longer faster than CR1.

[trailmix 77]

I'm a US citizen dating a Canadian who is living in Canada and we have begun discussions of getting married. I plan on getting engaged this fall (September?) and marrying in the spring of next year (May?).

If we get engaged in the fall she would like to move here shortly thereafter so we can be together and so she can begin looking for employment. So a 90 day fiancee visa would not be long enough and I'm not sure that I can sponsor her since we wouldn't be married yet.

You need to read the guides, in particular the comparisons of different types of visas. There is a guides link at the top of this page. You can sponsor her as a fiancee, if you wish to do so.

She cannot move without a visa and she cannot work without employment authorization.

If she wants to be able to work as soon as she arrives, you should get married first and apply for a CR1 visa (she must interview in Canada, she can still visit you while this is processing, takes 10 months to a year). If that is not so much of an issue, you may want to apply for the K1 fiancee visa (possibly a bit shorter wait time for processing, still several months). After that visa is issued she has 6 months in which to use it, by entering the U.S. and you have 90 days to get married. She will then need to do what is called an adjustment of status. This visa costs more than the CR1 and she cannot work until she either gets her EAD (employment authorization document) or her green card/SSN. She cannot leave the U.S. until she gets what is called Advance Parole - or alternately her green card (not even for a visit to Canada).

The wedding would take place in Canada and we would probably need to be able to travel back and forth while engaged to making wedding plans.

The honeymoon trip would be right after the wedding and we would be travelling outside the US and Canada for at most 2 weeks.

We would then return to the US to live together.

You really need to read the guides, this scenario won't work.

I'm very confused as to if we can even do this and if so, what forms to complete and when everything has to happen. Also, she doesn't want to give up her Canadian citizenship so I assume that in the end she would get a green card. There is also a change that in a few years down the road we may end up moving to Canada.

No need for her to give up her Canadian citizenship. If a few years down the road she decides she wants to apply for U.S. citizenship she can, then she will have dual citizenship.

Edited May 26, 2009 by trailmix

[Marina-Del 10]

As Bobby said the CR-1 route or K-3 route seem to fit MOST of what you said, but there is no visa that I am aware of that fits everything you said. It's just not possible to do all of it (for example, her moving to the US before you get married to look for a job and then the two of you getting married in Canada -not possible unless she was able to get another type of work visa to the US completely unrelated to you).

Again as Bobby said, take a look at the guides and see what each visa entails.

You said you want to get engaged in the fall and then you want her to "move" to the US to start looking for a job, then sometime in the Spring get married in Canada. As I already said, you can't do that. She can come on a tourist visa for 3 months and look for a job, but she can't "move" here before you are married, unless it is on the 90 days that the K-1 is valid for before marriage. If you want to get married outside of the US then you have to go for the CR-1 or K-3 visa and you cannot get the K-1 visa which allows your fiancee to come to the US (before you are married) and stay for 90 days before the wedding. With the K-1 visa you have to get married IN THE US. Since you don't want to get married in the US, that's out of the question. You also say:

"If we get engaged in the fall she would like to move here shortly thereafter so we can be together and so she can begin looking for employment. So a 90 day fiancee visa would not be long enough and I'm not sure that I can sponsor her since we wouldn't be married yet.""

When you apply for a K-1 visa you are NOT MARRIED when you apply, you apply as a fiance. So, you would sponsor her BEFORE you are married, but this is a mote point because you can't get the K-1 visa if you are not going to get married in the US. Just stating that for the record.

You and your fiancee can travel back and forth to Canada "to make wedding plans" now, on tourist visas. As long as you show intent to return to the US (or her to Canada) then you shouldn't have many problems going in and out of Canada while you are engaged, on tourist visas.

Also you say that the two of you would be traveling outside of the US or Canada for your honeymoon. This is also something you cannot do easily on the K-1 visa. You can do it, but you have to get special permission and it's a pain and expensive and a bit hard to do, so most people choose not to do that.

As far as I know you can have both American and Canadian citizenship...so she doesn't need to worry about that. She will have the green card for minimum 5 years and then she can apply for citizenship if she so chooses. I'm almost positive she would then be illegally able to hold an American and a Canadian passport. The US has NO problems with their citizens having duel citizenship, so that would be up to Canada. But I think I had friends in school that were American and Canadian, but I'm sure someone else can lead light to that.

So so far I have told you why you cannot -with your current plans- get a K-1 visa.

With the K-3 or CR1 visas you will get married in Canada and then apply for the visa (after the wedding). Each of those visas takes roughly 7(ish) or more months to get (just like the K-1 visa, but that is done BEFORE the wedding. For actual timelines you can look at the timelines at the top of the page). So if you and your girl want to get married next Spring then you wont be in the US until 2 winters from now -November-ish 2010 (roughly!!! Every case is different and maybe Canada is more expedited than I know). Once your fiancee arrives in the US, she will have a work visa that will be ready to use once she gets here. Then she can find a job and start working (if she could find a job before she moves that would be fine too, but she could not get a work visa to come until all of the paperwork is done, only tourist visas).

Alternatively, you could go to Canada next weekend, get married, start the paperwork and your fiancee (then wife) will be in the US in about 7 month-ish. Or, alternatively again, you could just get married in the US next spring instead of Canada and start filing the K-1 visa now.

I'm not trying to tell you which decision is right for you. Everyone has different situations and every visa is good and bad for different people! Good luck!! Let us know if you have any more questions!

And read the guides, they have LOTS of information!

Edited May 26, 2009 by Marina-Del

[Arabella 4]

Wow, you guys have been dreaming! It all sounds very romantic, don't get me wrong....

BUT, I think you need to start your thinking all over again with a clean slate AFTER you have reviewed your legal options.

To the OP. I was just like you until I found these forums! We had romantic ideas about getting married in Canada, or on a cruise ship, or right here in Florida at the spur of the moment at the local courthouse (It's a good thing we didn't because it might have been considered Visa fraud!).

Now we don't know when we are going to get married and we have joined with all the other VJers in the waiting game.

Good luck and read up!

[Saddle Bronc 124]

Like many, I'm having a hard time figuring out what steps my girlfriend and I need to take for our particular situation. I'm a US citizen dating a Canadian who is living in Canada and we have begun discussions of getting married. I plan on getting engaged this fall (September?) and marrying in the spring of next year (May?).

If we get engaged in the fall she would like to move here shortly thereafter so we can be together and so she can begin looking for employment. So a 90 day fiancee visa would not be long enough and I'm not sure that I can sponsor her since we wouldn't be married yet.

The wedding would take place in Canada and we would probably need to be able to travel back and forth while engaged to making wedding plans.

The honeymoon trip would be right after the wedding and we would be travelling outside the US and Canada for at most 2 weeks.

We would then return to the US to live together.

I'm very confused as to if we can even do this and if so, what forms to complete and when everything has to happen. Also, she doesn't want to give up her Canadian citizenship so I assume that in the end she would get a green card. There is also a change that in a few years down the road we may end up moving to Canada.

Any advice or a push in the right direction would be greatly appreciated.

Potentially, out-of-VJ-box solutions are also possible depending on the Canuck fiancé(e)'s quals (employment-based temp visa for her to move down)--so I'll ask that question.

Potentially, she could start looking for work ASAP (as in today) through internet, and sending out the applications. If successful, she could possibly be processed for a temporary work visa directly at POE/PFI.

Danger on the planned honeymoon--with certain visa types (single-entry K-1, or the supposedly non-dual-intent TN-1), the holder needs to have AP in hand to return to US if travelling outside.

On the citizenship issue: unless she explicitly renounces (to CIC) Canadian citizenship, she can hold dual Canuck-US citizenship.

[norftown 0]

Thanks for the replies. I had already assumed I was dreaming, but figured I'd throw our ideal plan out there anyway. At the least, it should have provided a few laughs at my noobieness. I briefly read the guides and would consider myself somewhat intelligent, but I felt like my head was spinning and I couldn't figure it out what would suit us best.

One thing is most important to us, but now I wonder how possible it is and that is that we don't want to be apart after the wedding. I know that we don't want to be married on paper right now since that seems very premature. So I guess that would rule out the CR1 and K3 routes. It seems that the K1 route may be best, but that would limit us to getting married in the US.

[payxibka 10,048]

It seems that the K1 route may be best, but that would limit us to getting married in the US.

Exactly, the joys coordinating US immigration and a long distance relationship

[BermyCat 1]

Thanks for the replies. I had already assumed I was dreaming, but figured I'd throw our ideal plan out there anyway. At the least, it should have provided a few laughs at my noobieness. I briefly read the guides and would consider myself somewhat intelligent, but I felt like my head was spinning and I couldn't figure it out what would suit us best.

One thing is most important to us, but now I wonder how possible it is and that is that we don't want to be apart after the wedding. I know that we don't want to be married on paper right now since that seems very premature. So I guess that would rule out the CR1 and K3 routes. It seems that the K1 route may be best, but that would limit us to getting married in the US.

What K-1 folks often do is have a simple courthouse wedding in the US to satisfy the terms of the K-1 visa and then have their large family wedding back home after gettind advanced parole or the conditional green card. I did this myself. My husband and I returned on Sunday from our wedding trip.

Come check out the Canada forums. There's a thread for everyone planning their formal wedding ceremonies.

~ Catherine

[norftown 0]

So if we go the CR1 or K3 route it would mean that we'd be married but physically apart for several months until she got her visa and could legally live here, correct?

We had talked about doing the wedding in Washington state since she lives in Vancouver. Nothing says it has to be in Canada and the only reason is that we felt it would be fair to have the wedding there since she would be living here (east coast US). That would make us elligible for the K1 without having to do the courthouse thing. But, I guess what I don't understand is why the K1 would allow her to be here with me immediately after the wedding, but the CR1 and K3 would not. Or am I wrong on that? (am trying to read through the guides at the moment.)

[Ontarkie 14,890]

keep reading the guides atm it seems like all the info your reading is blending together,

SO for the k3-cr1's you have to be married before you can file so you would get married file the right paper work then wait till she does the interview and then moves when she gets approved.

for the k1 you start the paper work now or as soon as ready and she waits for the interview gets approved crosses the border gets married and stays and foles the paper work for AOS

Edited May 26, 2009 by Ontarkie

[TimandJoyce 1]

Well, you certainly have a lot of info already, and I'm sure you're starting to read the guides as to which option works best for you. Congratulations on your engagement!!

I'm not sure if this has been mentioned or not. If you decided to marry in Canada, to go CR1 or K3..(heard CR1 is MUCH better, but may take longer), I'm wondering why the two of you still couldn't go international for a honeymoon. Europe for example. As long as when you return, she resides in Canada, you in the States...just a thought. Make sure that her boarding passes always match up to what her passport says too. I could be wrong about the trip.

[CBR 0]

I remember being so confused about all of this too! I can spell out the k-1 process specific to you. I'm not familiar enough with the spousal visas so hopefully someone else can take that.

K-1 process:

-Get engaged

-file i-129f

-noa1 (receipt of i-129f by your service center, Vermont or California depending on where in the US you live) You'll get this in a few days to a few weeks.

-noa2 (i-129f is approved and sent to NVC/natl. visa ceneter...then to the consulate...Montreal or Vancouver depending on where SHE lives in Canada) You'll get this in a few months (4-6 month range is typical...varies greatly for everyone)

-Consulate sends your fiance a packet with instructions on what to send back (forms, instructions on medical exam (this can take several weeks-over a month as it travels through NVC and then to the consulate)

-You send the packet requirements back

-k-1 interview is scheduled...fiance receives letter with the date & time

-pass the interview

-POE with k-1 visa (valid up to 6 months but only for 1 entry...so if she's not ready immediately, she has 6 months to get ready & cross ONCE)

-marriage (you MUST get married within 90 days of her entry

-file AoS (there is no timeframe, but most people file right after marriage if they can afford it lol...some wait over a year)

-With the AoS packet, you are sending forms filing for work authorization and travel parole. She won't be able to work until they send the EAD (employment authorization document) which is used in the interim while waiting for the actual Green Card. She also has to wait until receiving the travel parole papers before traveling to Canada if she wants to be able to return to the US (she'd get into Canada without them, but not back to the US).

-Green Card is issued when AoS is approved (this is Permanent Residence status WITH conditions (meaning it was obtained via marriage less than 2 years old)

-Lifting Conditions-must be filed after 21 months but no later than 24 months after the Green Card is issued.

-Citizenship (naturalization) ... Still learning about this. I recently read on USCIS site that it can be filed for 3 years after obtaining Permanent Residency. I'm thinking this means 3 years after the conditions are lifted because I always read it was 5 years which it would be if you include the 2 years you have conditional residency.

That's it in a nutshell! I remember being so confused, reading their forms and trying to put it into a timeline. I didn't have Visa Journeys at the time, thank your lucky stars you found this site NOW!!

Basically, you have to decide what is most important to you...

Being together right after marriage=k-1

Working immediatley when entering US-spousal visa options

How easy is it to travel/visit each other (you can visit during either process, but she'll have to prove strong ties to Canada (mortgage, job, utility bills, etc...whatever they ask for). Look at the current timelines for each visa you are considering and take your answers to the above into consideration.

Good luck!!

Edited May 26, 2009 by CBR

[norftown 0]

CBR, thank you so much for your reply. I needed it spelled out to me. K-1 it is. We just want to be together (surprise! lol) and I can support her financially until she gets her papers processed to legally work.

I guess the only question I have left (for now) would be when should I file the K-1 if we want to get married next May? It seems our wedding date will be limited to a 6 month + 90 day time period from when the forms actually get processed.

Edited May 26, 2009 by norftown