Have Student Visa now but expiring before planned marriage date

[Blueeyed 0]

Hi, I am a Canadian who has a F 1 visa and am attending college in the U.S. I met my fiance through school, and we got engaged this year. We would like to get married next summer in Canada, but it will be after my student visa has expired since I will be finished school. My fiance wants us to live in the U.S. as this is where he is from.

My question is would it be easier for me to marry my fiance before my visa expires?

Or should we just keep to the original plan and get married in Canada and deal with the paperwork after?

I understand that I may not be allowed into the U.S. to visit him until they give the o.k. Is this true?

Thanks, any help will be greatly appreciated. This is all very confusing.

[engineer21 51]

Hi, I am a Canadian who has a F 1 visa and am attending college in the U.S. I met my fiance through school, and we got engaged this year. We would like to get married next summer in Canada, but it will be after my student visa has expired since I will be finished school. My fiance wants us to live in the U.S. as this is where he is from.

My question is would it be easier for me to marry my fiance before my visa expires?

Or should we just keep to the original plan and get married in Canada and deal with the paperwork after?

I understand that I may not be allowed into the U.S. to visit him until they give the o.k. Is this true?

Thanks, any help will be greatly appreciated. This is all very confusing.

In my personal opinion, yes, it would be easier to marry here, before your visa expires, and adjust your status while you are here.

But there is something to be said about having you wedding be a real wedding day and not just a reception that happens after getting married at the city hall. I considered this too at one point.. a girl's gotta have her wedding day the way she wants it

If you get married in canada after your visa expires, you would have to go the CR-1 route.

That does not necessarily mean that you can't come visit while you wait for that to be processed.

It depends on the border patrol office at the time you come, but I have heard of people who are able to come back to the US while their CR-1 visa is pending

Best of luck whichever route you choose to take!

[sachinky 464]

Girrrrrrrrl, take my advice as someone who had the chance to AOS and didn't. And regretted it for 11 months.

Do NOT leave. Get married and file for AOS. Have your wedding extravaganza at a later date.

I also relied on emotions and sentiments (I wanted my parents and family and friends to meet him) and have solely regretted going via CR-1. We had an easy interview and everything but the waiting and being apart is hellish. Of course, you're from Canada so you could always cross the border.

Anyway, there's my $0.02. Good luck!

[Blueeyed 0]

In my personal opinion, yes, it would be easier to marry here, before your visa expires, and adjust your status while you are here.

But there is something to be said about having you wedding be a real wedding day and not just a reception that happens after getting married at the city hall. I considered this too at one point.. a girl's gotta have her wedding day the way she wants it

If you get married in canada after your visa expires, you would have to go the CR-1 route.

That does not necessarily mean that you can't come visit while you wait for that to be processed.

It depends on the border patrol office at the time you come, but I have heard of people who are able to come back to the US while their CR-1 visa is pending

Best of luck whichever route you choose to take!

Is a fiance visa much easier and faster? I have heard it is but means I would have to get married in the U.S. and within 90 days of receiving the visa right? Would I be able to work in the U.S. as soon as I am married if I go the fiance visa way?

[engineer21 51]

Is a fiance visa much easier and faster? I have heard it is but means I would have to get married in the U.S. and within 90 days of receiving the visa right? Would I be able to work in the U.S. as soon as I am married if I go the fiance visa way?

Noooo.. listen to sachinky! Fiance visa is NOT easier or faster.

OK so to clarify, your options are:

1) Get married here before your visa expires, stay here, adjust status (AOS) by filing i-130 together with i-485.

2) Plan the wedding you want, get married in canada (or in US), go the CR-1/IR-1 route

3) Go home to canada before visa expires, go the K-1 route (fiance visa), come to US on K-1, get married here within 90 days, adjust status.

Easiest plan? option #1.

You won't have to be separated from your fiance/husband for a second during this process and lately it seems to be taking most people 3 months-ish to adjust status this way.

option 2 and 3 I don't have 1st hand experience, but I've heard it takes longer.

No you can't work until you get EAD (work permit), which you have to apply for in addition.

The marriage itself does not grant you any status, you have apply to adjust your status.

(except if you enter on the spouse visa CR-1/IR-1)

IMO, option 3 in your situation is just ridiculous, I wouldn't choose it at all.

[ValerieA 350]

Yeah, you won't want to do the fiancee option - you will wait in Canada (visits allowed, at the discretion of the border guards) for over 6 months, and then come in here on the visa, and still have to go through the AOS process after you get married (you won't be able to cross the border back to Canada until you receive your AP, about a month before you get your greencard). So, even if you marry the day you cross, you will still have the 3 month AOS to look forward to. If you marry now and AOS from here, you are all done and can then go back and forth freely once you get your AP. I would suggest civil marriage, AOS, and plan a big wedding in Canada for next summer. Even though it isn't your 'first' marriage, it will still be the big wedding you want, with friends and family, and you won't be stressed out over immigration.

Edited June 24, 2010 by ValerieA

[ALW 0]

I agree with all of the above people that you should do adjustment of status while in the US. However, you can simply apply for OPT which will allow you to stay in the US for another year AND work AND get married AND apply for AOS.

That's what I would do if I were you...

[sachinky 464]

Agreed, K-1 in your situation would make no sense.

It's why we ended up going the CR-1 route. If we weren't going to AOS, then what's the point of returning on a K-1 and THEN AOS. More time, more money, more waiting around.

Seriously. Go for AOS.