Marrying a Canadian

[lovetina 0]

I plan on getting married in Sept. 2011 to a canadian.. I am from the USA and have a felony..What do we need to do now so that everything is legal by the time we get married...Also she does not want to be stuck in the states while there is a process of the paperwork cause her hole family is in canada and a grandmother in a nursing home that she visits everyday...

[kaibosh 3]

I plan on getting married in Sept. 2011 to a canadian.. I am from the USA and have a felony..What do we need to do now so that everything is legal by the time we get married...Also she does not want to be stuck in the states while there is a process of the paperwork cause her hole family is in canada and a grandmother in a nursing home that she visits everyday...

K1 visa my friend, sept of this yr might be a little tight as the process seems to take 8-12 months currently.

[Saddle Bronc 124]

What are her quals?

[Hendea3 4]

If she does not want to be border bound in the US while paperwork is pending then K1 is not the answer as she would not be able to leave the US after the wedding before receiving either her green card or advanced parole (which in my case was a quick 2 months but it could be MUCH longer). Plus if you have already planned the Sept wedding there is no guarantee you would get this visa in time and for teh K1 the wedding would have to be in the USA and she would have to enter as your fiance and get married within 90 days of entering US on the K1 visa, since this is a one time entry visa she could not leave until like I said before she has her advanced parole or green card...

It looks like you would want to do the CR1 route, you get married when you want (not sure if it matters which country or not) and then you file the paperwork so that as soon as she crosses into the US (with proper paperwork) she is a permanent resident immediately and can come and go as she wishes (as long as its not for extended periods of time)

[raymaga 25]

Read the "Guides" section for K-1 Visas here on VJ to get all the information you will need.

If you plan on bringing your fiance to the U.S. to live, your felony conviction is not of any concern. It is only if the immigrant has a criminal background.

You may find it difficult to enter Canada, though, if you have a felony conviction. There is a process you need to go through to be "rehabilitated".

As far as your fiance being "stuck in the U.S.", unfortunately she will not be able to leave the U.S. after entry with her K-1 Visa until either 1) she applies and gets Advance Parole or 2) she gets her Green Card. If she does leave the U.S. before either one of these two options, she will not be able to re-enter the U.S. without a spousal visa (meaning starting over from the beginning for a different visa).

Good luck with the process.

[lovetina 0]

K1 visa my friend, sept of this yr might be a little tight as the process seems to take 8-12 months currently.

thank u

[lovetina 0]

What are her quals?

don't know what u mean

Read the "Guides" section for K-1 Visas here on VJ to get all the information you will need.

If you plan on bringing your fiance to the U.S. to live, your felony conviction is not of any concern. It is only if the immigrant has a criminal background.

You may find it difficult to enter Canada, though, if you have a felony conviction. There is a process you need to go through to be "rehabilitated".

As far as your fiance being "stuck in the U.S.", unfortunately she will not be able to leave the U.S. after entry with her K-1 Visa until either 1) she applies and gets Advance Parole or 2) she gets her Green Card. If she does leave the U.S. before either one of these two options, she will not be able to re-enter the U.S. without a spousal visa (meaning starting over from the beginning for a different visa).

Good luck with the process.

thank you

If she does not want to be border bound in the US while paperwork is pending then K1 is not the answer as she would not be able to leave the US after the wedding before receiving either her green card or advanced parole (which in my case was a quick 2 months but it could be MUCH longer). Plus if you have already planned the Sept wedding there is no guarantee you would get this visa in time and for teh K1 the wedding would have to be in the USA and she would have to enter as your fiance and get married within 90 days of entering US on the K1 visa, since this is a one time entry visa she could not leave until like I said before she has her advanced parole or green card...

It looks like you would want to do the CR1 route, you get married when you want (not sure if it matters which country or not) and then you file the paperwork so that as soon as she crosses into the US (with proper paperwork) she is a permanent resident immediately and can come and go as she wishes (as long as its not for extended periods of time)

So this means we go to the justice of peace get married and put the cr1 in motion, while that is in motion she can travel back and fourth...

[Hendea3 4]

At the discretion of the CBP officer yes she can travel back and forth BUT she must be able to demonstrate strong ties to Canada so that the border guard doesn't get the impression that when she comes to visit you in the states she is just going to decide to stay and adjust her status from here vs. going back to Canada and following the Cr1 process.