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elementyl

US Citizen living in Canada, fastest way to get Canadian fiance to US?

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Filed: Country: Canada
Timeline

hi!

I am a US citizen living in Canada (on a work permit). I met and fell in love with my fiance here, he is a Canadian citizen.

I recently received a job offer back in the US, but I must be there by September.

My question is, what is the best/fastest way to (legally) get my fiance into the US with me? As I see it, my options are:

(1) to marry in the US, K-1 visa, meaning I'd have to go to the US without him in September and wait for many months before he could join me

(2) to convince my new employer (who seems very desperate to hire me) to provide a job for my fiance/sponsor a temporary work permit for him, until the K-1 goes through? Is that legal?

(3) to marry here in Canada, K-3 visa, also meaning I'd have to go to the US without him after we marry and wait for many months before he could join me

(4) to have him enter as a visitor in September and "elope," and then he could stay and adjust status (I really don't like this option)

(5) to have him enter as a visitor now, we get married, BOTH return to Canada, then file for K-3 (i.e. is there any benefit to marrying in US vs. Canada, if we stay in Canada for a few months after?)

I would appreciate any words of advice - thanks! :)

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Filed: Citizen (apr) Country: Canada
Timeline

You should NOT have your fiance enter on a tourist visa with intentions of marrying and staying. This is visa fraud.

Have you thought about marrying in Canada now and filing DCF (Direct Consular Filing)? Montreal is a tough consulate when it comes to (re)establishing domicile in the United States. But this is a quick way when ensures minimal separation.

Go over to the Canada forum for more help. Lots of US citizens living in Canada trying to get their SO's to the US

http://www.visajourney.com/forums/forum/93-canada/

option 1 - is an option but yes, you will face separation

option 2 - the employer does not issue work permits. USCIS does and it is a very long, drawn out process to secure a work visa

Good luck

Edited by canadian_wife

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Filed: Country:
Timeline

I concur that direct filing will be the fastest, simplest and least expensive. The only problem is that I don't think you will be able to get it done until after September...I would consult with people who have done it in Canada to find out how long the process takes. I don't think that you could leave Canada while the process is occurring, which I think in general takes around three months after you file...and in order to file you have to be married.

Do NOT commit visa fraud. While you may get away with it, you also risk your fiancée getting a very long ban.

Edit: I think that the K1 would be faster than getting married in Canada, because you could send it in as soon as you get everything together and not after you get married. Also, the K1 in general is known to be a little faster than the Cr1 spousal visa. The downside is that it is more costly. If you read up on the k3, you will find that it is not a very good option and does not really speed things up.

Edited by Indy90

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Filed: IR-1/CR-1 Visa Country: Canada
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Where do you two live in Canada? If 'fastest' is your main criteria AND you live in Western Canada, then the K1 is your best bet.

If you live in Eastern Canada it would not be as he will still interview in Montreal and Montreal is slow when it comes to scheduling interviews.

For the CR1 - it will take 10 months to a year from start to visa in hand.

(2) to convince my new employer (who seems very desperate to hire me) to provide a job for my fiance/sponsor a temporary work permit for him, until the K-1 goes through? Is that legal?

As Canadian_wife mentioned, probably not a real option.

(3) to marry here in Canada, K-3 visa, also meaning I'd have to go to the US without him after we marry and wait for many months before he could join me

The K3 is pretty much non-existent now. Read this thread for more information on that. (If you are going to get married, the CR1 is the visa I would recommend you petition for)

(4) to have him enter as a visitor in September and "elope," and then he could stay and adjust status (I really don't like this option)

As Canadian_wife mentioned, not an option for you.

(5) to have him enter as a visitor now, we get married, BOTH return to Canada, then file for K-3 (i.e. is there any benefit to marrying in US vs. Canada, if we stay in Canada for a few months after?)

There is no benefit to marrying in the US vs Canada. If you stay in Canada - ie: you can show your long term residence there (I assume you have provincial health care, driver's license, utility bills etc) - you can get married and file directly at your nearest consulate (the I-130 petition). This would lead to a CR1 visa (after more paperwork and more money) - but the interview would still be in Montreal, it is the only place they do CR1 visa interviews in Canada.

Edited by trailmix

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Filed: Country: Canada
Timeline

thanks for all your responses!

we live in Montreal, and the DCF (Direct Consular Filing) sounds like a great option. however a quick google of it doesn't seem to provide a link to an official site. if anyone could please guide me to more information on doing it in Montreal, I'd very much appreciate it!

thanks again. :)

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

Here is the link to the information on what you need to file the I-130 at the consulate:

http://www.consular.canada.usembassy.gov/immigration_usa_relative.asp

Preliminary Instructions

U.S. citizens who reside legally in Canada and who wish to sponsor (petition) their spouse, minor children or parents as immigrants to the United States may start the immigration process by filing an immigrant petition (I-130) at the U.S. Embassy or U.S. Consulate in whose district they reside. Please check for specific I-130 filing requirements and procedures at that consular office by following the internet links below. Note that Toronto requires I-130 filing by mail first, followed by an appearance by appointment only. All consular offices require an in-person appearance by both the petitioner and the beneficiary, some by appointment only.

Here is the Montreal consulate specific information:

Immigrant Visa Petitions for close relatives of U.S. citizens

Immigrant Visa Petitions for parents, spouses and children under 21 of U.S. citizens are accepted for filing Tuesdays and Thursdays only, from 2:00 to 3:00. Petitioners should come to 1155 Rue St. Alexandre, and go to Window 12 after screening by the guards

http://www.consular.canada.usembassy.gov/montreal.asp#may4:

Edited by trailmix

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