trying to figure this out

[lavendergirlie 0]

Hi, I appreciate any advice you have! Here's the situation. My partner and I are planning on getting married. He is an australian citizen, I'm american. He has a canadian work visa which lasts another year. Part of the time we've been together(about 8 months), we've been in the us(while he was there on the visa waiver program, has to leave every three months), and part of the time I've visited his family in canada, just as a tourist. I am confused as to the simplest, quickest, least expensive way to have him with me in the us, and hopefully be able to work! I am confused as to whether it would be better to wait til we go to the us, and he'd be on a visa waiver, not a k-1, to get married, or get married here in canada. It seems like people encourage not getting married in the us without a k-1, correct? Since he has a work visa in canada I wonder if that changes anything. So I don't know what to do because it'd be nice to not have the restrictions of staying in or out of the us during the process. Any advice? Thanks!!

[summersurf 10]

hello, if you guys have the plan to get married then the K-1 would be the smartest choice. I dont think him having a Canada work visa will change anything.

You might want to start to read thru the K-1 visa instructions or the steps though, it will takes time, but if everything goes well then you'll get the visa soon and will be with your baby soon too, good luck!

[SophWeb 25]

I would recommend beginning your K-1 process immediately. K-1 usually takes about 8 months (no one can say for sure how long, but that's a general average). I would think that you could apply for that the visa while he is still living in Canada, so long as he had a mailing address in Australia (parent, friend etc). That way, while the visa is processing, you two can still be relatively close to each other. It's not recommended to get married on a visa waiver because if you enter the US on that waiver with the intent to get married that is classified as fraud and can be difficult to prove otherwise. K-1 is your safest option. He may not be in the US with you, but obviously the gap between Canada and America is much short than Australia and America . Chances are you'll be approved for the visa before his Canadian visa runs out. He will have to return to Australia to go to his interview in Sydney though, so much sure he can afford to do that, cause chances are he'll only have a couple of weeks notice to attend the interview.

Even if you two were to get married in Canada, you would still need to go through the CR-1 or K-3 visa process. Either way, you're looking at paperwork. I would recommend the K-1 cause if you were to get married in Canada, that may interfere with his visa there. I'm not sure the Canadian laws on foreigners getting married though, so I don't know your options there, sorry.

[Gary and Alla 3,694]

Hi, I appreciate any advice you have! Here's the situation. My partner and I are planning on getting married. He is an australian citizen, I'm american. He has a canadian work visa which lasts another year. Part of the time we've been together(about 8 months), we've been in the us(while he was there on the visa waiver program, has to leave every three months), and part of the time I've visited his family in canada, just as a tourist. I am confused as to the simplest, quickest, least expensive way to have him with me in the us, and hopefully be able to work! I am confused as to whether it would be better to wait til we go to the us, and he'd be on a visa waiver, not a k-1, to get married, or get married here in canada. It seems like people encourage not getting married in the us without a k-1, correct? Since he has a work visa in canada I wonder if that changes anything. So I don't know what to do because it'd be nice to not have the restrictions of staying in or out of the us during the process. Any advice? Thanks!!

His status in Canada has no bearing here. If you enter the US on the VWP with the intent to get married, you CAN get married but cannot file for AOS on that basis. You would still need to file a CR-1. You can get married now and file a CR-1, get married later in the US and file a CR-1 or file a fiancee visa now and have him enter and get married when it is approved. He will not be able to work until you are married and adjust status.

If you file a CR-1, wherever you get married, he will be able to work right away. Decide what you need to do and choose the correct visa.