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Filed: Country: Canada
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Posted

So, I've looked and looked around on the internet for the answer to this, but nothing I find is really conclusive.

I am a Canadian Citizen by birth, and my boyfriend/fiance is a US Citizen by birth in Oregon. Yes, we are in a long-distance relationship. After realising he won't be able to afford the move here any time soon, we came to the conclusion that the best way for this to work would be if I moved there in a year and then, when we can afford it, move back here to Toronto. The option of maybe getting married while I'm living in Oregon came up, as we'll most likely be down there for 2 or 3 years and we'd like to have children when we make the move to Canada.

What would I have to do in order to move to the US, and how would the possibility of marriage affect my Canadian passport?

Posted (edited)

There are 2 options. Apply for a fiance visa, come down to the U.S. once it is approved, get married within 90 days) and then not leave the U.S. while you are adjusting your status.

Option 2 is get married, then apply for the paperwork, but you can't live in the U.S. while your paperwork is processing (so you will be living apart).

Even if you decide to one day live in Canada, you have to do visa paperwork then too! Always a process somewhere....

:guides: These will help you A TON. It will help you decide on which route to go. --> http://www.visajourney.com/content/guides

No, you would not be giving up your Canadian passport. If you can remain a permanent resident, Canadian citizen forever, or you can do dual citizenship.

Someone please correct me/update if need be!

Edited by Moosker

***Removing Conditions***

Submitted I-751: March 4, 2011

Check cashed: March 10, 2011

NOA1: March 8, 2011

Biometrics Appt: April 21, 2011

Early Bio Walk-in: April 7, 2011

Approved: September 7, 2011

Posted (edited)

Marriage to a foreigner has no affect on your passport. From what I know, both US and Canada recognize dual citizenship between these two countries, so even possibly eventually applying for US citizenship wouldn't affect your Canadian citizenship.

Two options:

1. You apply for K1, which is a fiance visa. You do this with him in the US and you in Canada. You stay in Canada until you get the K1 visa (more or less 6 months), then you enter as his fiance. Once you have entered, you two have to get married in the US within 90 days. After that, you file for adjustment of status to make you a legal permanent resident and get you a green card.

2. You get married (in the US or Canada, doesn't really matter) - but if you get married in the US, you must return back to Canada after the wedding, and you file for CR-1 through Direct Consular Filing (DFC) which is for spouses of US citizens. Again, you will be in Canada during the process and he will be in the US. CR-1 is cheaper and maybe faster.. though I remember reading that the Canadian consulates are infamously slow with these applictions.. maybe some Canadians with experience will jump in soon.

In both cases, you might be able to visit him during the process, but you could also be nedied entry under VWP or tourist visa since you would have a pending immigrant visa application in process. He would of course be able to visit you in Canada as much as he wants.

Start by reading the K-1 and CR-1 guides here on VJ, under the "Guides"-link, to get a better picture of each process and figure out which fits you better. I've noticed many old-timers here recommend the CR-1 process, as it is "cheaper and more elegant" than K1.

Edited by Mrs.Finland-USA

Adjustment of Status from F-1 to Legal Permanent Resident

02/11/2011 Married at Manhattan City Hall

03/03/2011 - Day 0 - AOS -package mailed to Chicago Lockbox

03/04/2011 - Day 1 - AOS -package signed for at USCIS

03/09/2011 - Day 6 - E-mail notification received for all petitions

03/10/2011 - Day 7 - Checks cashed

03/11/2011 - Day 8 - NOA 1 received for all 4 forms

03/21/2011 - Day 18 - Biometrics letter received, biometrics scheduled for 04/14/2011

03/31/2011 - Day 28 - Successful walk-in biometrics done

05/12/2011 - Day 70 - EAD Arrived, issued on 05/02

06/14/2011 - Day 103 - E-mail notice: Interview letter mailed, interview scheduled for July 20th

07/20/2011 - Day 139 - Interview at Federal Plaza USCIS location

07/22/2011 - Day 141 - E-mail approval notice received (Card production)

07/27/2011 - Day 146 - 2nd Card Production Email received

07/28/2011 - Day 147 - Post-Decision Activity Email from USCIS

08/04/2011 - Day 154 - Husband returns home from abroad; Welcome Letter and GC have arrived in the mail

("Resident since" date on the GC is 07/20/2011

 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

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