Where to start?

[JasonJG 0]

I am an American citizen and my fiancee lives in Canada. We are planning to marry in 2 months and we haven't started any paperwork yet.

At this point we are planning to file paperwork after we are married. However, I've been getting different information from the government website and the border guards every time I cross back into the States.

From what I understand if we go for the Fiancee (K-1) Visa she is not allowed to enter the country until the process is complete. I don't see any information saying the same is true for the Spouse (K-3) Visa.

Currently we both cross the border at least once a week (I sometimes cross 3 times a week). Does this mean she can't cross the border if we go the Fiancee route?

And if we decide to get married and file the paperwork after that is she allowed to live in the States?

I am so overwhelmed by all the information and I can't seem to get a straight answer anywhere!!

Please help! Thank you!

[TheBears 9]

One: K3 is no longer an option. So you have K1 fiancee visa and CR1 spouse visa. So where do you want to marry? Are you in a rush?

Here were the deciding factors in my case:

K1 = faster to get to the US(+), 90 day "trial run" to live together before having to marry(+), but more expensive(neutral), more paperwork to be filed after arrival(-), SO has to wait for authorization to work (-)

CR1 = longer to get to the US (-), more involved process, IMO (neutral), less expensive(neutral), no extra processes to go through once SO arrives (+), SO can work as soon as they want (+)

I'm not sure how those factors will affect your decision. I wanted my SO to be here in the way we both thought was most stable. We chose CR1. The difference in times/processes could be different for you. Check out the Canada regional forum for other people's experiences and their timeframes.

Two: Whether you pick K1 or CR1,she can still cross. There's no law saying she can't just because she's started a visa process. She may have a more difficult time. She should carry plenty of proof of ties to her life in Canada -- papers showing home ownership/lease, employment letter, etc. And, as always, be honest and brief with your answers.

Three: Whether you go K1 or CR1, she'll have to wait until her visa is approved for her to be allowed to live in the States.

VJ is great. Others will be along to give you more advice. Good luck!

[JasonJG 0]

Thank you very much for the information!

Thank you very much for the information!

We would like to marry in the States. It's cheaper that way!

Also, you mentioned a 90 trial period of living together before we get married? Do you have more information about that?

[SunDrop 59]

Thank you very much for the information!

Thank you very much for the information!

We would like to marry in the States. It's cheaper that way!

Also, you mentioned a 90 trial period of living together before we get married? Do you have more information about that?

If you are getting married in 2 months, then K-1 isn't for you. Takes more like 5-7 months for the complete process, often longer depending on country/ embassy and you can't get married during the process without voiding your petition.

The short answer to the 90 day question is K-1 entrants have 90 days from using the visa (it's a single entry) to get married. After marriage, they file to adjust their status to obtain their permanent residency. It's not really a trial period, because you will have stated during the petition and again during the visa application that you intend to marry your fiance/ee within 90 days of their entry to the US on a K-1. If you were to get a K-1 visa, live for 90 days and then decide that you wanted to wait a while, that's OK but the beneficiary has to leave the country and you'd have to go through some kind of repeat performance in order to obtain another K-1/ CR-1.

If you get married in 2 months and file for a CR-1, there is no adjusting after entry. You are immediately considered an LPR.

Please take a moment to read through the guides, ignoring the K-3 (if it's still mentioned) because it's now a defunct visa category.

[TheBears 9]

Hmmm... I guess I glossed over the whole "married in 2 months" part. SunDrop is right, then. CR1 would be the choice for you, then.

So have her come here, have your wedding and register the marriage at the county clerk (or where ever they do it in your state), and then have her return to Canada to file the CR1. No problems. She can still cross the border. Remember: Evidence of ties to Canada.

About the 90 days, if you're both crossing the border several times a week, I would think you two have spent some time living together already.

Go for the CR1. When she gets here, her green card and social security card will arrive in the mail. She's already a legal permanent resident. She can work. She might be able to get her driver's license (my state only asks for green card/visa in passport and SSN). There are no extra forms or fees or interviews.

So.... CR1 Process:

Send in I-130, G-325A and documents

Receive NOA1

Wait!

Receive NOA2

Receive Case Number

Send in DS-3032

Send in I-864, DS-230, and documents

Case Complete

Interview at US Embassy

US Point of Entry

Tada!

Read the guides. Read the forms. Check with the Canada regional forum for extra tips (Is front loading a good idea? What to bring to the interview?) and support.

[canadian_wife 1,791]

You've gotten some good answers here but I'd like to add, when your fiance goes to the US to get married, she must return to Canada. She may visit during the process (however she needs strong ties to Canada to show that she'll return - and it is not a guarentee that she'll be admitted) but she cannot live with you until the visa has been issued.

Good luck, welcome to VJ

[OBX 51]

You've gotten some good answers here but I'd like to add, when your fiance goes to the US to get married, she must return to Canada. She may visit during the process (however she needs strong ties to Canada to show that she'll return - and it is not a guarentee that she'll be admitted) but she cannot live with you until the visa has been issued.

Good luck, welcome to VJ

As canadian_wife stated there are no guarantees she will be admitted! Ties to Canada are crucial - lease/rental agreement, letter from an employer noting expected date of return to work, copies of any other financial / personal ties to Canada.

If you decide on the CR1 route, you can expect a timeline of around 7 months to complete the process.

Check out the Canada forum for much more "Canada specific" info. Good luck.

Edited March 31, 2010 by OBX