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Peter/Lindsey

Marriage, File, and wait it out together in Canada

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Filed: K-1 Visa Country: Canada
Timeline

We have been strongly considering the K-1 route for a few months now. However, due to personal reasons, we're now leaning toward getting married in Canada, then taking the CR-1/IR-1 route. Our question is this: After our marriage in Canada, how could we go about staying close during the filing process? We would prefer remaining close, and (more or less) living together until an approval. However, it doesn't seem as though it could be that simple. So, what are some problems we would be likely to run into? There seems to be a bit of talk regarding the term "domicile", but we haven't quite read that far yet.

It should be noted that the USC would still have family living in the United States, and would merely be in Canada on a tourist visa for as long as possible (6 months in Canada, right?). Thanks in advance for any suggestions/comments.


We are unsure if we will fully commit to the K1 process since we are very strongly considering the CR-1 route down the road. Nonetheless, we have filed our I-129F package, and it's history can be found below.

Our K1 timeline..

Date format: MM/DD/YY

07/12/09 : First Preparation of I-129F Package

08/05/09 : Final Preparation of I-129F Package

08/06/09 : I-129F Sent (Zion, IL)

08/08/09 : I-129F Received (Laguna Niguel, CA)

--/--/-- : I-129F NOA1

--/--/-- : Check Cashed

--/--/-- : I-129F NOA2

--/--/-- : NVC Received

--/--/-- : NVC Left

--/--/-- : Consulate Received

--/--/-- : Packet 3 Received

--/--/-- : Packet 3 Sent

--/--/-- : Packet 4 Received

--/--/-- : Medical

--/--/-- : Interview Date (Montreal)

--/--/-- : Visa Received

--/--/-- : US Entry

--/--/-- : SSN Request

--/--/-- : SSN Received

--/--/-- : Marriage

--/--/-- : File for AOS/EAD/AP

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Filed: K-1 Visa Country: Canada
Timeline
We have been strongly considering the K-1 route for a few months now. However, due to personal reasons, we're now leaning toward getting married in Canada, then taking the CR-1/IR-1 route. Our question is this: After our marriage in Canada, how could we go about staying close during the filing process? We would prefer remaining close, and (more or less) living together until an approval. However, it doesn't seem as though it could be that simple. So, what are some problems we would be likely to run into? There seems to be a bit of talk regarding the term "domicile", but we haven't quite read that far yet.

It should be noted that the USC would still have family living in the United States, and would merely be in Canada on a tourist visa for as long as possible (6 months in Canada, right?). Thanks in advance for any suggestions/comments.

Okay, so we just found a thread about domicile in here. It's been a helpful read. However, if anyone can speak from any personal experience, or if there is anything we should take into consideration for this potential route, feel free to let us know. Thanks again.


We are unsure if we will fully commit to the K1 process since we are very strongly considering the CR-1 route down the road. Nonetheless, we have filed our I-129F package, and it's history can be found below.

Our K1 timeline..

Date format: MM/DD/YY

07/12/09 : First Preparation of I-129F Package

08/05/09 : Final Preparation of I-129F Package

08/06/09 : I-129F Sent (Zion, IL)

08/08/09 : I-129F Received (Laguna Niguel, CA)

--/--/-- : I-129F NOA1

--/--/-- : Check Cashed

--/--/-- : I-129F NOA2

--/--/-- : NVC Received

--/--/-- : NVC Left

--/--/-- : Consulate Received

--/--/-- : Packet 3 Received

--/--/-- : Packet 3 Sent

--/--/-- : Packet 4 Received

--/--/-- : Medical

--/--/-- : Interview Date (Montreal)

--/--/-- : Visa Received

--/--/-- : US Entry

--/--/-- : SSN Request

--/--/-- : SSN Received

--/--/-- : Marriage

--/--/-- : File for AOS/EAD/AP

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First off, let me welcome you to VJ, and the Canada forum!

I can't speak from personal experience, but I know that if you're doing the CR1 route, then you'll be interviewed in Montreal (that's the only Consulate that does CR1 interviews), so depending on where you live in Canada, that could be a drawback. CR1 interviews seem to be taking about 11-12 months. You don't have to adjust status when you arrive in the US after applying for this visa, and you can look for work right away, so that's a good thing! Your fiance and you would not be living together though for a part of the process. Actually, you'll have to be separated at some point in the process.

You could apply for a K-1, but that would mean you couldn't get married, until after you get your visa and immigrate. That could take as little as 6 months, but more than likely 8-10 months, again, depending on what part of Canada you're in. If you're in Western Canada, you could be processed a little sooner, just because you could go to the Vancouver Consulate, which doesn't take as long to schedule interviews.

Even though you're in the process for a visa, no matter what kind, as long as you have strong ties to Canada, you can visit during the process, so even after your fiance moves back to the US, you can still visit. There are lots of threads either in the forum here, or on top in the pinned threads that speak to "ties" you'll need as evidence when visiting the US to bolster your border crossing to visit.

Remember, no matter what process you go through, your US fiance, or husband will have to show financial support for you, particularly in a job, and/or tax returns, so you'll need to consider that by the interview stage. I'm just saying this in terms of him/her staying to visit for 6 months in Canada, and having adequate financial resources to finish the visa process.

Best of luck in whatever you decide to do!


carlahmsb4.gif

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Filed: IR-1/CR-1 Visa Country: Canada
Timeline

My wife and I just went through the whole process in the manner that you're thinking of doing. I don't have time to type it all out right now but if you send me a PM to remind me I can send you some tips from our experiences.

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Filed: Citizen (apr) Country: Canada
Timeline

I stayed with my husband too in Canada the entire time. I had domiclie issues at interview, but never had to prove it beforehand. Just be advised, if you wish to leave Canada before your 6 months, or basically ever, you have a huge chance of being denied. As far as my actual domicile, seems like montreal was eager to see a lease, even if its with a parent and also current tax returns. so you would most likely have smooth sailing until interview time. then just bring as many things possible to prove domicile. bank account and voting didn't cut it for me (though i did send it in anyways since the interviewer wouldn't look at it).

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