Hello from Canada....any advice

[Canadaboy13 0]

Hello everyone...I am a Canadian citizen who is crazy in love with the most perfect woman who happens to be an American and resides in New Jersey. We plan on getting married and residing in the US. I have a 9 year old son who will remain in Canada with his mother but I obviously will visit him frequently. So naturally I have a million questions and want it to be seamless. I do currently spend most of my time "visiting" my girlfriend in the US. Any advice, tips, comments, etc. would be greatly appreciated.

[SF2007 48]

Hello everyone...I am a Canadian citizen who is crazy in love with the most perfect woman who happens to be an American and resides in New Jersey. We plan on getting married and residing in the US. I have a 9 year old son who will remain in Canada with his mother but I obviously will visit him frequently. So naturally I have a million questions and want it to be seamless. I do currently spend most of my time "visiting" my girlfriend in the US. Any advice, tips, comments, etc. would be greatly appreciated.

Hi there,

We have a regional forum for Canadians. Might want to check there, most Canadian related topics are covered : General Discussion Area/Regional Discussion/Canada

The fiance visa (K1) is an option if you are engaged and not married. It's a year long process during which you will most likely have to wait around in Canada. Your fiancee will have to petition on your behalf. I suggest you browse through the K1 guide and flowchart at http://www.visajourney.com/content/guides

And welcome on VJ!

[HeatDeath 430]

One thing to keep in mind is that, once you enter the US on a K-1 visa, you cannot return to Canada [well, you can, but you won't be able to return to the US without another visa] until you receive your AP travel documents, which you get 6-8 weeks after you file your AOS papers. Since you will want to still be able to visit your son frequently, you may want to strongly consider the CR-1 visa instead. With it, you get married first, then file for the visa. Once you get the visa you enter the US, and they give you a green card stamp for your passport, so you can go back to Canada and visit right away - you aren't "locked" in the US for a few months the way you are with a K-1. The CR-1 process is somewhat cheaper for most people, as well.

The downside to the CR-1 is that you have to get married first, and then wait out the visa approval process in Canada. You can probably visit occasionally during this period (8-10 months) but it's by no means guaranteed, and you certainly won't be able to visit as frequently as you have been. [Not being able to as easily visit is true of both the CR-1 and K-1 visas.] And many people find being separated from their spouse far more distasteful than being separated from a [[]fiance(e)[/i]. Your mileage may vary, but it's something the two of you should discuss.

Edited March 25, 2011 by HeatDeath

[Canadaboy13 0]

Firstly, I want to thank you for the quick response. I wondered what the process would be if we were to get married in the US, without the Fiance visa. What are my options? Is there anyway to allow me travel to and from Canada to visit my son while the application process is going on?

[HeatDeath 430]

If you are already in the US, and [and this is the important part] had no intention of staying in the US, marrying and applying for a green card when you last entered the US, then you can marry and file for adjustment of status to apply for your green card. Do not, in this case, leave the US again until you have your GC or an AP document in your hand.

But if you are outside the US, it is technically immigration fraud to enter the US as a Canadian tourist when you actually intend to marry and adjust status. You see, if you lie, or otherwise allow the CBP officer at the border to come to a false conclusion about your intentions when you try to enter the US - if you cause or allow the CBP officer to believe you intend to stay for a limited time and depart when you really intend to stay and settle - that is called material misrepresentation: misrepresentation of an important factor as to whether or not they would find you admissible. Material misrepresentation, if caught, can result in various immigration penalties up to and including a lifetime ban on entering the US.

If you marry while you are currently in the US, not having intended to do so when you entered, you will file for adjustment of status immediately after the wedding. Part of this bundle of paperwork will be the I-131 application for travel document. You should receive an AP document 6-10 weeks after filing. You would be able to return to Canada then.

[envy_me 18]

welcome to VJ!