Help! What's the best Option?

[baron555 934]

Thank you so much for replying back everyone! This forum is just amazing!!

Gathering from all the information here, I just had a few more questions ( I know you guys are just great and would help me out)...

1) I know this is just over thinking too much but back in the days, my uncle (a US citizen) sponsored us for the relative alien petition, we waited several years, and when it finally came through I was above the age limit and hence they dropped my application and didn't call me for any medical or interview...so would this little history in anyway affect my K1 or K3 visa process?

No bearing. You didn't do anything wrong and that will have no affect on future petitions.

2) Secondly, what's the real difference between CR-1 and K3? Why are some people going the CR-1 route? Why is it any better?

CR-1s allow you to get a Green Card upon arrival and I think you can work quicker than the K-3. I'm not too versed but you can find out more by looking over at the K-3/CR-1 forums.

3) Do the K1 have higher chances of getting rejected than the K3?

Neither. You would be denied because you didn't have the proper documentation or evidence of an ongoing relationship (K-1) or an ongoing marriage (K-3). You are from Canada which is not a high fraud country. Stop worrying.

4) I think my US Consulate would be the one in Montreal , so are they taking 10 months to process K1 and K3?? Anyone with any recent experience regarding this?

You need to read the Guides and then check out the Immigration Timelines. Your petition will spend the most time at the USCIS service center, then it will spend about a month at NVC, then all is sent to the Embassy and interviews are usually about two months after that.

5) I just want to be able to live there legally, I don't care if I don't have to work there for a couple of years or whatever as long as I can just stay there legally and for good...so what should I do...I don't want to pursue the K1 fear of getting rejected after waiting several months...I don't want to go and pursue the K3 as I feel it will take sooo long like another year...I am so confused!

The K-1 is the fastest. If your relationship is solid and you have the required evidence, then there are no concerns. You will be OK.

Thanks in advance for all your help!!

[Nik+Heather 121]

K1: Fastest to be together. Most expensive. You still have to wait for MORE paperwork to be able to work. Have to marry in the US (but could do ceremony in Canada later). Can start the (shorter) process now.

CR-1: Least expensive. Slow(er) but not too bad. You can work or travel back to Canada (or elsewhere) right after you arrive. Can get married anywhere you like. You can't start the (longer) process until after you get married, so extra long time apart.

Figure out what your priorities are. If you don't have very much money (or don't want to spend it with the government) then CR-1 is good for you - it's cheapest, and you could work in Canada until you leave, and then come here and start working right away. If the very most important thing to you is being together as soon as possible, then do the K1.

[Justine+David 218]

OR its best to marry in the US and then I fly back out to Canada and wait?

No, this is very bad. As stated before you'd be coming here on a tourist visa, with the intent to marry and then you get married (nothing preventing you from doing that) but when you eventually go to adjust your status to remain here permanently they will see what you did and you risk deportation and possibly a lifetime ban. This is a very bad idea. Do not do this.

This is untrue. She can get married in the U.S. on a tourist visa; she just cannot STAY in the U.S. after getting married. The problem is that most border folks will not believe you when you say that you are only going to get married and then come right back. It's very hard to get through.

[CAN2US 0]

Thank you so much for replying back everyone! This forum is just amazing!!

Gathering from all the information here, I just had a few more questions ( I know you guys are just great and would help me out)...

1) I know this is just over thinking too much but back in the days, my uncle (a US citizen) sponsored us for the relative alien petition, we waited several years, and when it finally came through I was above the age limit and hence they dropped my application and didn't call me for any medical or interview...so would this little history in anyway affect my K1 or K3 visa process?

No bearing. You didn't do anything wrong and that will have no affect on future petitions.

2) Secondly, what's the real difference between CR-1 and K3? Why are some people going the CR-1 route? Why is it any better?

CR-1s allow you to get a Green Card upon arrival and I think you can work quicker than the K-3. I'm not too versed but you can find out more by looking over at the K-3/CR-1 forums.

3) Do the K1 have higher chances of getting rejected than the K3?

Neither. You would be denied because you didn't have the proper documentation or evidence of an ongoing relationship (K-1) or an ongoing marriage (K-3). You are from Canada which is not a high fraud country. Stop worrying.

4) I think my US Consulate would be the one in Montreal , so are they taking 10 months to process K1 and K3?? Anyone with any recent experience regarding this?

You need to read the Guides and then check out the Immigration Timelines. Your petition will spend the most time at the USCIS service center, then it will spend about a month at NVC, then all is sent to the Embassy and interviews are usually about two months after that.

5) I just want to be able to live there legally, I don't care if I don't have to work there for a couple of years or whatever as long as I can just stay there legally and for good...so what should I do...I don't want to pursue the K1 fear of getting rejected after waiting several months...I don't want to go and pursue the K3 as I feel it will take sooo long like another year...I am so confused!

The K-1 is the fastest. If your relationship is solid and you have the required evidence, then there are no concerns. You will be OK.

Thanks in advance for all your help!!

1) How do you go about finding the timelines, I think my service center would be the Vermont Service Center, does anyone know how long they are taking to process the K1 visa? I have been told approximately 5 months? Is that true??

2) Does anyone know how much longer one has to wait in a CR1 in comparison to K3?

3) I have been getting told by other people that its best to enter the border, get married there, and then file for the green card AND that no one says anything while the application is in process (they say that the moment your application is in process-you are no long out of status-but you can apply for the work permit etc etc) and that the green card comes in a matter of months! everyone is saying its crazy to wait a whole year to do all these visas when you can get the work done in a couple of months. They say that it is illegal BUT everyone does it (AND they know it too) and if your married to a USC they have no right to deport you in any circumstances as your relationship is solid and not a fraud. They say that the only proof they would require is that your relationship is genuine, which you can proof!

4) I have also been reading up on the USCIS website and for their Alien Relative Petition guide they have this to say " Can My Relative wait in the US until becoming a permanent resident? No. if you relative is outside the US, filing an I-130 does not allow our relative to live or work in the US....if your husband or wide is already in the US after having entered legally, they can apply to adjust their status to permanent resident at the same time you file their I-130 petition"...so what do you all think about this...entering US on a Canadian passport is a "legal" entry right...??...what other forms of entering "legally" are they mentioning here...I mean...if I enter using a Canadian passport or whatever...I am entering legally? !

5) Is it possible to get an admission at a university/college there, getting a multiple visa, staying in school for awhile and then getting married! like these things happen right...the USCIS can't control when people can fall in love and want to get married...etc...

I don't know...just thinking about all these things is driving me crazy...I never thought as a Canadian Citizen I would have an issue...honest to God...I thought I won't have a problem until after I got engaged and we were deciding on a month and then found out about all this stuff...

=(

THANK YOU TO EVERYONE WHO HAS BEEN RESPONDING!

Edited September 19, 2009 by CAN2US

[thongd4me 69]

I am a Canadian citizen living in Canada and I am marrying a US citizen next year in spring or summer. I want to move to the US to live with him. We don't want to spend any time apart. So what is the best and quickest option for us?

1) The fiance visa?- I head the downside to it is that its got a lot of paper work involved and that I would have to have a wedding in the US and not in CANADA (when all my family and friends are in Canada)

2) The spousal visa?- How would that work? I enter US on my Canadian passport and we get married in court in the US and then I fly back out to Canada so that he could apply for the spousal visa and I wait in Canada until it is approved?

3) Is it possible to come to the US on a Canadian passport and get married in the US and stay there and apply for an adjustment of status and I-130?

I am so confused. I don't know what's the best option? What's legal? What's the quickest?

Please Help!

In the US - Judge Roy Bean

In Canada - His Eminence Cardinal François

[Carlawarla 1]

Thank you so much for replying back everyone! This forum is just amazing!!

Gathering from all the information here, I just had a few more questions ( I know you guys are just great and would help me out)...

1) I know this is just over thinking too much but back in the days, my uncle (a US citizen) sponsored us for the relative alien petition, we waited several years, and when it finally came through I was above the age limit and hence they dropped my application and didn't call me for any medical or interview...so would this little history in anyway affect my K1 or K3 visa process?

No bearing. You didn't do anything wrong and that will have no affect on future petitions.

2) Secondly, what's the real difference between CR-1 and K3? Why are some people going the CR-1 route? Why is it any better?

CR-1s allow you to get a Green Card upon arrival and I think you can work quicker than the K-3. I'm not too versed but you can find out more by looking over at the K-3/CR-1 forums.

3) Do the K1 have higher chances of getting rejected than the K3?

Neither. You would be denied because you didn't have the proper documentation or evidence of an ongoing relationship (K-1) or an ongoing marriage (K-3). You are from Canada which is not a high fraud country. Stop worrying.

4) I think my US Consulate would be the one in Montreal , so are they taking 10 months to process K1 and K3?? Anyone with any recent experience regarding this?

You need to read the Guides and then check out the Immigration Timelines. Your petition will spend the most time at the USCIS service center, then it will spend about a month at NVC, then all is sent to the Embassy and interviews are usually about two months after that.

5) I just want to be able to live there legally, I don't care if I don't have to work there for a couple of years or whatever as long as I can just stay there legally and for good...so what should I do...I don't want to pursue the K1 fear of getting rejected after waiting several months...I don't want to go and pursue the K3 as I feel it will take sooo long like another year...I am so confused!

The K-1 is the fastest. If your relationship is solid and you have the required evidence, then there are no concerns. You will be OK.

Thanks in advance for all your help!!

1) How do you go about finding the timelines, I think my service center would be the Vermont Service Center, does anyone know how long they are taking to process the K1 visa? I have been told approximately 5 months? Is that true?? Check Processing Times, and Immigration Timelines above. After approval from VSC, then it's sent to NVC, then to the beneficiary's country for further processing.

2) Does anyone know how much longer one has to wait in a CR1 in comparison to K3? They are relatively the same time now in Canada. When you are granted a CR1, you don't have to adjust your status right away, and you get a greencard within a month after activating your visa, so this is by far the easiest and cheaper. At one time, the K-3's were being processed quicker, but not now.

3) I have been getting told by other people that its best to enter the border, get married there, and then file for the green card AND that no one says anything while the application is in process (they say that the moment your application is in process-you are no long out of status-but you can apply for the work permit etc etc) and that the green card comes in a matter of months! everyone is saying its crazy to wait a whole year to do all these visas when you can get the work done in a couple of months. They say that it is illegal BUT everyone does it (AND they know it too) and if your married to a USC they have no right to deport you in any circumstances as your relationship is solid and not a fraud. They say that the only proof they would require is that your relationship is genuine, which you can proof!

Don't listen to other people. What they have suggested is visa fraud. End of story. Lifetime ban if found out.

4) I have also been reading up on the USCIS website and for their Alien Relative Petition guide they have this to say " Can My Relative wait in the US until becoming a permanent resident? No. if you relative is outside the US, filing an I-130 does not allow our relative to live or work in the US....if your husband or wide is already in the US after having entered legally, they can apply to adjust their status to permanent resident at the same time you file their I-130 petition"...so what do you all think about this...entering US on a Canadian passport is a "legal" entry right...??...what other forms of entering "legally" are they mentioning here...I mean...if I enter using a Canadian passport or whatever...I am entering legally? !

You can wait with your US spouse while the visa is being processed, and in Canada, that means up to 180 days. You would have to return however to Canada for the interview. You should also note that there has been lots of problems with couples crossing into the U.S. for a long period of time lately.

5) Is it possible to get an admission at a university/college there, getting a multiple visa, staying in school for awhile and then getting married! like these things happen right...the USCIS can't control when people can fall in love and want to get married...etc...

Getting admission to a University/College is going to probably take as long or longer than a family based visa. As well, as an out of country student, your college fees will be ENORMOUS!

I don't know...just thinking about all these things is driving me crazy...I never thought as a Canadian Citizen I would have an issue...honest to God...I thought I won't have a problem until after I got engaged and we were deciding on a month and then found out about all this stuff...

Canadians get no special treatment in this process. Sorry!

=(

THANK YOU TO EVERYONE WHO HAS BEEN RESPONDING!

Have you checked out the Canada Forum?

http://www.visajourney.com/forums/index.php?showforum=93

Here are some other uniquely Canadian links here as well.

http://www.visajourney.com/forums/index.php?showtopic=191858

The best advise anyone can give you is to make sure you're doing everything above board, legally, and while it's hard to be apart during this process, when you want everything to be done lickity split, it's all worth it in the end, and in fact, once together, it's a vague memory the journey.

[baron555 934]

if your married to a USC they have no right to deport you in any circumstances as your relationship is solid and not a fraud. They say that the only proof they would require is that your relationship is genuine, which you can proof!

Wanna bet? Your marriage does not affect immigration status or does it convey any immigration "rights".

[jsnearline 2]

My wife and I chose the K1. Our reasoning was that it was ok to be apart while we were engaged and waiting for the K1 processing, but we couldn't see ourselves being apart once we actually got married. I can't imagine getting married and then having to leave my new spouse behind.

[Stephen + Elisha 92]

if your married to a USC they have no right to deport you in any circumstances as your relationship is solid and not a fraud. They say that the only proof they would require is that your relationship is genuine, which you can proof!

Wanna bet? Your marriage does not affect immigration status or does it convey any immigration "rights".

Exactly right.

If you enter on a visa waiver, get married, and then adjust status, not only do you have to prove that your relationship is bona fide, you also have to overcome the presumption of immigration fraud.

When you enter the US under the VWP, you certify that you are not entering with immigrant intent and that you intend to leave the US prior to the expiration of your authorized period of stay. If you subsequently attempt to adjust status, you have to prove to USCIS that you did not misrepresent your intent upon entry. If you fail to prove this (and the burden of proof is high), you can incur a lifetime ban to the US. Think about that very carefully.

[CAN2US 0]

Last two questions before I make the final decision...

1) If we are to file for the K1 in November 2009-and the fact that I live in CANADA-and my consulate would be Montreal, how long do you think it will take for me to get the visa? Since you guys have a better estimate of the processing times, you think I will have it by May 2010 if everything goes according to plan and that there are no delays?

2) If we go with the CR1-do we have to show joint financial accounts or joint property ownership?

Thank you so much for all the responses! it has helped me a great deal !

[canadian_wife 1,791]

Your estimate of May is liberal. Montreal is currently taking about 3 months to schedule an interview. Look at closer to 8 - 10 months to be on the safe side.

If you file the Cr-1, all you really need is your marriage certificate, and some primary evidence is always helpful (passport stamps, boarding passes). Secondary evidence such as pictures, e-mails etc also help.

Good luck

[Justine+David 218]

If you're asking the question because you want to make wedding plans, unfortunately, there are no guarantees about the visa and there have been people who have posted on this forum who have lost $$ because they set a date and paid for it, but couldn't get the visa in time.

The route that I took was that I filed the K1 more than a year in advance of when we're planning the wedding. I filed in August '09 and the wedding (USCIS and God willing) will be in September 2010. I also had my vendors agree to push the date forward to a date they had open if the long delays occurred.

[CAN2US 0]

1) I don't think so, it's not like you did anything wrong to no longer qualify for the visa, you simply aged out.

2) k-3 is slow, expensive, and obsolete. Read the guides to find out why Cr-1 is better (FYI - immediate green card is a definite plus)

3) Nope - all depends on your circumstances. Each case is adjudicated on a case by case basis.

4) You're confused. Your petition will go through USCIS first (generally 4- 6 months to approval) then to NVC and then on to the embassy (Montreal generally taking 2-3 months to schedule an interview after the petition is sent from NVC). Montreal doesn't do the whole thing.

5) You should read the guides to figure out which one is best for you. I like the saftey of the Cr-1 - immediate green card, immediate work and travel. The K-1 will save you a few months since you can file now without getting married.

no one can answer which is best for you, you need to figure that out on your own by reading the guides and finding what is most important to you.

Good luck.

I have already sent you a private message but not sure if you have recieved it, but thought i will post the same question here as well, looking at your time I have noticed that you got your CR 1 in 11 months, but during that process, during the 11 months, were you able to enter the US? did you even try? Just wondering!

If anyone has any updates on that either, that they applied for a CR1 and were able to enter US during that time, please let me know!

Thanks in advance!!

[Nik+Heather 121]

Yes, it is very common and relatively easy to visit while the visa is processing. I believe Canadians can visit for up to 6 months!

There is a chance you'll get turned turned away at the border - read the visitation FAQs for tips on how to prepare so that you have the best chances.