Spousal Visa Help

[ccrs7472 0]

Looking for advice. I am Canadian and I have been dating an American for over 3 years now. We plan getting married and not sure where to start, but before we do we have questions that we have not been able to find the answers to.

If we get married while I am visiting him and return home, can I stay in Canada while the IR-1 / CR-1 is being processed or do I have to be living in the US with him to file this Visa? This looks like the best process for us but welcome any suggestions and advice.

Thanks

[canadian_wife 1,831]

What visa do you want to apply for? A spousal visa or a fiance visa?

If you visit him in the US and marry, you are actually expected to return home. So no issues there, you do not have to be in the US while he petitions. He would then have to petition for a spousal visa

If you apply for a K-1, you enter, marry and must stay in the US until you get your green card or travel document before you can leave

Click on the word 'guides' at the top and follow the link for the I-130

Good luck

Edited January 11, 2011 by canadian_wife

[ccrs7472 0]

I was hoping to be able to get married then return back to Canada and then he file the spousal visa while I am here in canada. I did not want to have to quit my job and have no income during this process. is this possible?

[Blob18 111]

I was hoping to be able to get married then return back to Canada and then he file the spousal visa while I am here in canada. I did not want to have to quit my job and have no income during this process. is this possible?

Yes it is possible. You can enter the U.S., marry, leave, and have him file for the Spousal visa while you are in Canada.

So just go to visit him like you would normally, marry, return and wait.

Edited January 11, 2011 by Blob18

[pushbrk 13,625]

Yes it is possible. You can enter the U.S., marry, leave, and have him file for the Spousal visa while you are in Canada.

So just go to visit him like you would normally, marry, return and wait.

Yes, but when you enter the US for that marriage, use a generic truthful answer for the purpose of your visit. If you say, I'm going to get married, you will likely be denied entry. You're not doing anything wrong, but they'll presume you intend to stay after the marriage and ruin your plans.

[Blob18 111]

Yes, but when you enter the US for that marriage, use a generic truthful answer for the purpose of your visit. If you say, I'm going to get married, you will likely be denied entry. You're not doing anything wrong, but they'll presume you intend to stay after the marriage and ruin your plans.

Yea, I had that in my original response but wasn't 100% sure on it so I editted it out. I don't like giving bad info out so, better safe than sorry.

Had something to the effect of "Don't say you're getting married because even if you had a truck load of ties to Canada they more than likely wouldn't let you in".