Marrying an American - Help!

[potamun 0]

Hello!

I am new to the whole visa/paperwork thing, and with all the information am not sure where to start - maybe someone can point me in the right direction?

It's a straightforward case - I am a Canadian, who is marrying an American in the USA this September. We have worked out that I will live there for a couple years until he is done school (with some extended travels to South America), and we will eventually live in Canada permanently.

Should I apply for a K-1 VISA prior to the wedding? I do visit often, but am hesitant to tell them it is now for a fiance rather than just a 'friend'.

Or if I am just flying in before the wedding, is it the I-129F fiance wedding? And should I send that in to the consular or do it at the border? And then, once married, which visa is it? The IR1/CR1?

If anyone has any advice, that would be so awesome!

- I had no idea it was so complex, but I'd like to do it all correctly - I've had friends be banned from the US for incorrect paperwork despite children, houses, jobs, marriage to an American etc.

Much thanks!

[iampatricias 17]

You will find all the answers to your questions in the guides along the top of the page - VJ is a very informative place!

In short, both visas must be in your hand before you can relocate to the States to live with your guy.

The K1 visa allows you one entry into the States in order to marry and live with your American spouse.

The IR1/CR1 visa allows you, as a spouse of a citizen, to get into the States to live with him.

Both visas can take between 7mo and a year to get in your hand. The K1 costs about $1000 more. The spouse visa allows you to work the day you enter... there are many variables to consider! If you really, really want to marry in September, I would probably not risk a K1 visa - (I've been waiting 8 months already and I still don't have an interview with my consulate), but you can't apply for the spouse visa until you are actually married.

Welcome to the site!

[Krikit 1,164]

You definitely have a lot of reading to do. In my opinion, the CR-1 visa is far superior to the K-1. The K-1 costs more and has more restrictions. Including not being able to re-enter the US if you leave prior to receiving your Greencard or Advance Parole. Also, you definitely won't have a K-1 visa in time for the wedding. In addition to reading The Guides check out the pinned topics at the top of the K-1, CR-1, Adjustment of Status, and Canada Regional forums. You'll also want to do some reading/pos

Moving from the Off Topic forum to General Immigration Discussion. Welcome to VJ.

[VanessaTony 3,567]

The K1 visa allows you one entry into the States in order to marry and live with your American spouse.

The IR1/CR1 visa allows you, as a spouse of a citizen, to get into the States to live with him.

Both visas can take between 7mo and a year to get in your hand. The K1 costs about $1000 more. The spouse visa allows you to work the day you enter... there are many variables to consider! If you really, really want to marry in September, I would probably not risk a K1 visa - (I've been waiting 8 months already and I still don't have an interview with my consulate), but you can't apply for the spouse visa until you are actually married.

The K-1 costs more and has more restrictions. Including not being able to re-enter the US if you leave prior to receiving your Greencard or Advance Parole. Also, you definitely won't have a K-1 visa in time for the wedding. In addition to reading The Guides check out the pinned topics at the top of the K-1, CR-1, Adjustment of Status, and Canada Regional forums. You'll also want to do some reading/pos

The OP is NOT with their SO so the CR-1 is actually more expensive than the K1 due to the added flight to first get together and marry.

OP - you said you're planning to get married in September so I don't really know if you have many choices.. well ones that you'll like anyway. You're K1 visa won't be available in time for your wedding. Your CR-1 means you have to be married BEFORE you can apply for the visa. So your options are:

- Apply for the K1, go to the US in Sept for a "show wedding". You can't get OFFICIALLY married. Then you'll need to return to Canada to wait for your K1 visa and then get married for real in the US

- Get together and get married for real now and apply for the CR-1 visa. The visa won't be done in time so you'll visit the US for your "show" wedding and then return to Canada until the CR-1 is approved

- Go and get married in September and apply for the CR-1 once you're married. From this option you can either: remain in the US for however long your Canadian visit thingy allows but you'll return to Canada for the medical and police checks and interview and then you'll be able to officially immigrate OR you can return to Canada to work and save money until the CR-1 is approved.

Those are you only options because the wedding is planned and not spur-of-the-moment which removes your ability to AOS while in the US.

Edited March 10, 2011 by Vanessa&Tony

[Krikit 1,164]

The OP is NOT with their SO so the CR-1 is actually more expensive than the K1 due to the added flight to first get together and marry.

Come on, Vanessa. We're talking filing fees, not visit expenses.

[VanessaTony 3,567]

Come on, Vanessa. We're talking filing fees, not visit expenses.

It's not a "visit expense". It's a requirement for the visa that they get married and as they aren't married, and as they aren't togther right now, in order to GET the CR-1 visa they need to pay extra money to fly together to get married first. People always go on about how the K1 is more expensive and fail to mention that in reality the FEES might be more expensive, but the COST to GET the visa is the same or more when you account for following requirements (in this case marriage first and flying to be together to make that happen).

It also adds waiting time. If the person in question wants to be together quicker, they should file for a K1. If the person in qn needs to work immediately on entry then the CR-1 is the option. Cost wise they are the same (CR-1 would have been more expensive for me as flights were $2K return when I was processing) if they're not currently together and/or married.