CR1 spouse visa questions

[steph&jason 0]

Hello all,

We have a few questions about our visa options. Jason is American, and i am Canadian. We have been engaged for nearly a year, and are getting married in the USA in October. We have been working/living overseas, so have not needed to apply for the fiance visa or anything yet. Is our best option to get married and then apply for the CR1 visa, and go live in Canada during the processing time? Or should we still go the Fiance visa route? We are not even sure a Fiance visa would get granted in time for the wedding.

Any information or opinions would help us in getting the ball rolling!

Thank you!

[canadian_wife 1,823]

No, if you are filing from the US the fiance visa will not be issued in time for the wedding. The consulates in Canada are very slow and you do not have enough time.

Where are you both living now? Are you still overseas?

If you both go and live in Canada to wait for the visa you will have to overcome the re-establishment of domicile. That means Jason will have to show how he has proven that he intends to live in the US. Typically they look for a house/apartment, a job, substantial ties to the region you will be moving to. Sadly, the Canadian consulates are very strict about this.

If you give us a little more info on your situation you might get better answres

Good luck

[Darnell 8,478]

Will Jason be a 'legal resident' of Canada, for any length of time? If so, and if it's some continuous 6 month duration, suggest to look into the 'Direct Consular Filing' method of filing the I-130 at a US Consulate/Embassy. It's a bit faster than the 'I-130 filed to the lockbox in Chicago' route.

Oh, must be married first, to file DCF'd I-130, but that 6 month duration is a must - prolly marry within that span, is ok, but must be 6 months of 'in Canada'.

Edited July 19, 2010 by Darnell

[steph&jason 0]

Yes we are both still overseas in germany, until the 15th of september, then back to chicago area, (where jason is from), then the wedding on the 12th of oct. in the states.

So what your saying is that its better for jason to stay in the states to prove, a house/apt, job, etc.... then to move up to canada also, to wait it out.

[canadian_wife 1,823]

I just wanted to explain to you the situation. Also, I'm not sure what part of Canada you are from but all Cr-1 visas will be applied for at the consulate in Montreal.

Have you thought about getting married in Germany and filing directly with the consulate there? That would be the quickest way for both of you to move to the US together. What are your statuses in Germany? Living? Working? or just visiting/traveling?

You could marry in Germany, file Direct Consular Filing (DCF) then both move to the US together which drastically minimizes the amount of time you will have to be separated. Also, you can have a family celebration in October (or a vow renewal) like you had planned.

Good luck

[Darnell 8,478]

yup - if USC in Germany for more than 6 months, and ya get married in Germany - woo hoo ! DCF'd I-130 in Germany !! Uber Fast !

But - a pitfall I see - that Police Clearance certificate from Canada (can get it fast when IN Canada) but is a PITA when overseas - who knows? Canadian Embassy in Germany might actually have some speedy-process for you (and it's worth looking into, asap)

IMO, if you can avoid 'Canada' altogether, is a better thing

Montreal is laggggggggggggggggggggged for CR-1 Processing.

So, if I were spinning that crystal ball - I'd say -

--marry in Germany on Tuesday, file I-130 as soon as marriage certificate in hands (pay extra for expedite marriage certificate, if needed)

--get the Police Clearance Certificate from Canada, somehow, but choose the uber fast route, as it's needed for the DS-230

--file the DS-230 and I-864 when told to

--get some interview day around the end of September to first 2 weeks in October

--have family gathering on the 12th of October

Obviously this will be 'way too fast', but not sure if you can match that 12th October 'family gathering' date. It's certainly worth it to LOOK AT IT, EVALUATE IT, today and Tuesday, see if it makes sense for you.

Edited July 19, 2010 by Darnell

[steph&jason 0]

Thanks all for the info and suggestions. We are working here in Germany, on 6 month working visas (we are performers..). We leave Frankfurt for Chicago on Sept 14th.

Darnell (sorry we are so new to all these forms and abbreviations) - what does USC in Germany for 6 mths mean? And when you mention interviews, do those take place in the states?

And... we are getting married in Hawaii.. so we leave at the start of October for that (making our time before the wedding that we are actually in Chicago area a lot shorter.. only 2.5wks).

You are right... it all seems so so fast!

[canadian_wife 1,823]

USC = United States Citizen and Darnell means that the USC has to be living in Germany for at least 6 months, but since you are for sure getting married in the US, then this obviously doesn't apply to you.

You will interview. And if you are getting married in the US, you will return to Canada and interview in Montreal - the only consulate that will do the interview.

The entire process from filing to visa will be about 8 - 10 months. Montreal is a VERY slow consulate. I suggest you begin reading on what you need to petition and to interview (and all the steps in between ) and begin working towards that

Good luck

[Darnell 8,478]

United States Citizen (USC) - residing in Germany for 6 months - PRIOR to filing an I-130 with the US Embassy in Germany. Interviews - at the US Embassy in Germany.

I think, now, doing a DCF'd I-130 won't work for you two - as won't have prior '6 months residence in Germany' as of today. 'As of today' is the useful bit, really, as my 'crystal ball plan' shatters without 6 months prior residence in Germany for the USC.

DCF'd I-130s have interview at the US Embassy, overseas, where they filed their I-130 (with some exception).

So, whilst yer still in Germany - check YOUR VISA dates- if you are IN GERMANY less than 6 months, 180 days, you not need Police Clearance Certificate for later. If is more than 180 days, you'll need to make arrangements to get one - I've no clue on which office you need to contact. Way down the road, if you need that PCC, it's submitted with a DS-230 into NVC (if the I-130 was filed at the lockbox in Chicago)

Edited July 19, 2010 by Darnell