I'm a U.S. Citizen, Marrying a Canadian in Toronto, Then Both Living in US

[tonydavis 0]

I need some clear and concise steps! I (US citizen) am marrying my fiancee (Canadian citizen) in Canada; in August. After the marriage she will come to live with me in the US. Can some one please lay out step by step (step 1., step 2., etc.) the best way to go about this legally? Thank you!

[john_and_marlene 162]

I need some clear and concise steps! I (US citizen) am marrying my fiancee (Canadian citizen) in Canada; in August. After the marriage she will come to live with me in the US. Can some one please lay out step by step (step 1., step 2., etc.) the best way to go about this legally? Thank you!

There is no legal immigration path that allows her to immigrate to the U.S. immediately following the marriage.

[tonydavis 0]

There is no legal immigration path that allows her to immigrate to the U.S. immediately following the marriage.

Ok, then what is the proper process for a US citizen going to Canada to marry a Canadian citizen and then live in US?

[Bernie C 24]

Best place to start is with the CR-1 and I-130 Petition Guide.

Click on the guide section at the top of the page and follow through all the reading in the guide.

If you get married in Canada, then you will need to return to the US and file the petition.

Read everything very carefully so you have a good understanding of the process.

You'll have lots of questions - but read the guides first to gain an understanding. You'll get lots of support here and there are LOTS of experienced members specific to Canada who can help guide you on specifics for the consulates there.

[john_and_marlene 162]

Ok, then what is the proper process for a US citizen going to Canada to marry a Canadian citizen and then live in US?

Follow the guide:

http://www.visajourney.com/content/i130guide1

You will have to petition for her immigration using the I-130. It will take several months after the marriage before she can immigrate.

[Darnell 8,478]

*** moving to IR-1 / CR-1 Spouse Visa Process & Procedures forum, question related to 'what to do next after marry in foreign country ***

Edited April 30, 2010 by Darnell

[DainandVicky 4]

If you marry in Toronto you'll have to file for IR/CR1/ I-130 then wait until paperwork completes. Typically 3-6 months I think? She can visit, but not live here. This is the legal path.

If she's here legally as a visitor and you marry in the US, you can attempt to adjust status but she has to be here as a visitor and incidentally get married, not planned it that way. If they can prove she did plan to marry here, they can deport her and she may be blocked from entry for a number of years; to the best of my understanding. This could also bar her from ever being able to adjust status to the best of my understanding. One of the board mods can give you the specifics, but there are several couples on this forum who have married and adjusted status (successfully) from a visitor visa.

[tonydavis 0]

Thanks peeps, and I've been trying to figure out which path to take i129-->k1 or i130. Looks like the consensus is i130.

So if I fly Toronto, should I even mention marriage? Because neither of us intends to live there. However i130 says we need marriage certificates, and in order to do that my fiancee will have to file for a marriage license etc. What to do?

Thanks again for the quick replies/assistance!

[Bernie C 24]

You can get married anywhere you'd like. If you want to get married in Canada there is no reason why you cannot.

You can also get married in the US if you'd like - however if your fiancee comes to the US with the intent to get married (which is already pretty much established that the two of you have the intent), she will need to return to Canada while you file the petition.

You will have to wait till after you are married to file for a CR-1.

Your other option (if you decide you want to marry in the US), is that you could file now for a fiancee visa and then get married here after her visa is approved. If that would be an option you would consider then you'll want to read through the K-1 guide.

You really have some options to discuss together, depending on where and when you want to marry.

Visiting each other during the process will be a topic to review and discuss also.

The main difference between chosing between K-1 and CR-1 in your case would be that you can file for K-1 now and you would be in your 4th month in August so you'd proabaly be looking at late in the year for her to come to the US to marry.

If you file CR-1, then you have to wait until you are married to file and she would have to wait till after approval to immigrate. So if you married in August you'd likely be looking at early 2011.

[tonydavis 0]

Thanks Bernie, we are definitely set on the 8/22/2010 wedding in Toronto. That will not change at all. To be clear CR-1 and i130 are the same right? Can we just call it i130 to keep my little head from spinning with all these forms! . I'm also still under the assumption that after the marriage, she can still 'visit' like a normal tourist, while forms are being filed, but I've also heard some adversity comes with that as well. Any insights, expert panel? Thanks again all!

[Danu 19]

As long as she bring enough evidence to prove shes going back to Canada (letter from employer expecting her back on X date, lease etc) she shouldnt have any issues, as long as she doesnt meet one of the hard border guards. As for the CR1, I-130 thing, the CR1 is the visa classification, where the I-130 is a petition form to sponsor a relative that can be used within the country as well for people adjusting from other status's, which is why most people will refer to it as the CR1. By the time you are finished all this you will suffer from a bad case of accronym soup! lol

[CANDY PANTS 1]

You may want to mention marriage but then they might want more proof that you will be returning to the USA. Definitely do mention you are going to visit your fiancee.

If they ask about marriage, be honest. Personally, I'd tell them I was going to get married and provide supporting info like a letter from employer or financial ties proving that you have to be back. If not, they may limit your stay or not let you in.

I didn't have any troubles visiting the USA to get married although the plans were not 100% and the officer did joke about Canadian girls going to visit their boyfriends and never coming back. I laughed and said that I have a job and a life in Canada and can't just UP AND LEAVE.

Dude was funny though...he literally greeted me by saying "Wassup?" haha

Canada can be tough at customs.

But hope for the best. It'll work out. Just be honest.

Thanks peeps, and I've been trying to figure out which path to take i129-->k1 or i130. Looks like the consensus is i130.

So if I fly Toronto, should I even mention marriage? Because neither of us intends to live there. However i130 says we need marriage certificates, and in order to do that my fiancee will have to file for a marriage license etc. What to do?

Thanks again for the quick replies/assistance!

[tonydavis 0]

I feel like even if I did present documentation that I was returning to the US, they might not let me in. Is proof of employment the only thing I need? I'd think border control would want something legally binding. Which is why I was just going to be mum on the topic when crossing.

[CANDY PANTS 1]

Thanks Bernie, we are definitely set on the 8/22/2010 wedding in Toronto. That will not change at all. To be clear CR-1 and i130 are the same right? Can we just call it i130 to keep my little head from spinning with all these forms! . I'm also still under the assumption that after the marriage, she can still 'visit' like a normal tourist, while forms are being filed, but I've also heard some adversity comes with that as well. Any insights, expert panel? Thanks again all!

I wouldn't recommend her coming back to "visit" for a long period of time if she doesn't have any financial ties in Toronto or a job to return to. If she entering as a "visitor/tourist", she better prove she has some $$$ to support the stay or something. Of course, as her husband, you can support her but I think they might question her intent. They can smell a liar a mile away so BE HONEST. They might give her a time limit at their discretion less than 6 months.

If you aren't honest, and they find out....man oh man...deportation would not be sexy. Neither would the fines. Fraud is not sexy.

It's tough. I'm in Ontario and wish I could just stay in the USA with my husband. He visits me every month. The officers know him by now. They don't even question him anymore. I wonder what it will be like when I take time off work to go visit the USA. Haven't been since I returned to Canada after our marriage.

It will all work out for you both if you are honest.

[canadian_wife 1,791]

You or your Canadian fiance may apply for a marriage licence in Ontario. This is the document that allows you to be married. After you for legally married, your wife must then apply for a marriage certificate. This can take 6 - 8 weeks after the marriage to get. Only after you have the marriage certificate can you file the I-130.

She may visit at any time during the process, please be aware that admittance and duration of stay is up to the Border Agent at the time of crossing.

This process will take up to a year to complete. Your wife will interview in Montreal (the only consulate that you can interview at for the Cr-1 visa) Montreal is a terribly slow consulate.

Come join us over in the canada forum

Good luck