Hello

[William S 0]

I'm a US citizen engaged to a Canadian citizen. We are going to get married on Aug 27, 2011.

I'm hoping this site and many of you can guide me/us in the jorney of bringing her to the US.

This is our situation: We are going to get married in Canada.

With that in mind, I believe I neeed to go to the route of either K3 or IR1/CR1 by initially filing a I-130 form in US after the marriage.

Since my Fiancee is a Canadian citizen, I'm hoping that she can enter US and live with me while the VISA application is being processed. Any advice on which route (K3 vs IR1/CR1) I should take?

Your comments and advices are much appreciated.

Thanks,

William

[payxibka 10,044]

She cannot "live" with you during the process... however she may be able to visit you a time or two but her visits are subject to normal limits, if she is allowed to enter. Her ability to enter might get more difficult and you should prepare for that.

K-3 until/unless changed, is for the most part currently administratively obsolete

Edited June 8, 2011 by payxibka

[Inky 1,110]

Visit yes, live no.

You will be filing the I-130 CR-1/IR-1 not the K-3 as it is like the above poster said administratively obsolete.

She will need to bring ties to Canada when going to visit you to prove she is returning to Canada.

You can also go and visit her.

You will need to wait for a marriage certificate before applying for the CR-1. This can sometimes take many months in Canada.

[Tineka 0]

Just thought I would share our story so far in case it helps. My husband is a USC and I am Canadian. We were married December 2010. We had been waiting for our marriage certificate (it does indeed take at least a couple of months in Ontario, at least) before we sent off paperwork for the CR1. However, we ended up submitting the initial application WITHOUT the marriage certificate, since it was taking so long. We anticipate getting a RFE -- request for evidence, and will submit the marriage certificate at that time. Other VJers told us that having an RFE will only cause us another week or two (provided we respond quickly).

Also, about your fiance/wife visiting -- this is fine, but remember that 1) When she is crossing the border she has to bring ties to Canada (a lease, mortgage, employment letter, etc) and 2) She can only stay for 6 months. I am currently in the US will go back when my 6 months here is up. I didn't really have strong ties when I was crossing, but after detaining me and questioning me closely, they let me through.

Some tips:

Re: Marriage Certificate

It is very important that you the person officiating the wedding send in the paperwork to register the wedding ASAP. MAKE SURE you follow up with them, and also provide them with the means to Fed-Ex/Express Post the paperwork. The longer it takes to register, the longer it takes to get your marriage certificate. Also, have your mayor or MPP look into it if it is taking too long.

Re: Application

If we were to do it again, we would have not waited at all for the marriage certificate and would have had everything Fed-Exed out the day after the wedding.

God bless!

[William S 0]

Just thought I would share our story so far in case it helps. My husband is a USC and I am Canadian. We were married December 2010. We had been waiting for our marriage certificate (it does indeed take at least a couple of months in Ontario, at least) before we sent off paperwork for the CR1. However, we ended up submitting the initial application WITHOUT the marriage certificate, since it was taking so long. We anticipate getting a RFE -- request for evidence, and will submit the marriage certificate at that time. Other VJers told us that having an RFE will only cause us another week or two (provided we respond quickly).

Also, about your fiance/wife visiting -- this is fine, but remember that 1) When she is crossing the border she has to bring ties to Canada (a lease, mortgage, employment letter, etc) and 2) She can only stay for 6 months. I am currently in the US will go back when my 6 months here is up. I didn't really have strong ties when I was crossing, but after detaining me and questioning me closely, they let me through.

Some tips:

Re: Marriage Certificate

It is very important that you the person officiating the wedding send in the paperwork to register the wedding ASAP. MAKE SURE you follow up with them, and also provide them with the means to Fed-Ex/Express Post the paperwork. The longer it takes to register, the longer it takes to get your marriage certificate. Also, have your mayor or MPP look into it if it is taking too long.

Re: Application

If we were to do it again, we would have not waited at all for the marriage certificate and would have had everything Fed-Exed out the day after the wedding.

God bless!

Thanks for the tip on marriage certificate! We are going to get married in Toronto, ON so I guess it will take a while for marriage certificate to be produced. My questions is how long does it take for CR1 paperwork to be processed in US? If we send in the CR1 paper work right after marriage (without waiting for marriage certificate), don't we run into a risk of RFE being issued and we can't respond to it because it's still not produced in Ontario? Or it doesn't matter when you repond to RFE as long as you repond to it when the certificate is produced?

Regarding "living"...yes I meant visit. I understand she can't live/reside here, but can only visit. Thanks all for the correction.

Thanks

[Inky 1,110]

RFEs are time sensitive. If you do not respond within the time they request they will close the petition and you will have to start over again new payment new petition everything.

Think about it before you send it right after marriage...

Petitions take around 5-6 months to be approved within the USA. CR-1 is looking at around 1 year ish to be complete and have the visa in hand.

[William S 0]

RFEs are time sensitive. If you do not respond within the time they request they will close the petition and you will have to start over again new payment new petition everything.

Think about it before you send it right after marriage...

That's exactly what I was afraid of. I guess in theory if the petition takes 5 - 6 months to process, and marriage certificate 2-3 months, we should be safe and be able to produce the marriage certificate when the RFE is issued but it's still a risk....Something that we definetely need to think about.

Thanks.

[canuckbos 10]

That's exactly what I was afraid of. I guess in theory if the petition takes 5 - 6 months to process, and marriage certificate 2-3 months, we should be safe and be able to produce the marriage certificate when the RFE is issued but it's still a risk....Something that we definetely need to think about.

Thanks.

We have the same case as you do but are further along.

When we got married, the pastor had the marriage license form filled out and this was going to be sent to the registrar (Alberta) for filing, we asked for a copy of it with his signature on it; for our files to send in with the I130 form. We used this as proof of marriage evidence and the I130 was approved, then when we sent all the originals to NVC we had the marriage certificate in hand and that was part of the package we sent in. This may help your situation.

The day after the marriage, FedEx your I130 package in with photocopies of all the documents they request plus the evidence of a relationbship. Joint bank account, credit cards etc.

We have not rec'd any RFE's in our case.

Good Luck!

[William S 0]

We have the same case as you do but are further along.

When we got married, the pastor had the marriage license form filled out and this was going to be sent to the registrar (Alberta) for filing, we asked for a copy of it with his signature on it; for our files to send in with the I130 form. We used this as proof of marriage evidence and the I130 was approved, then when we sent all the originals to NVC we had the marriage certificate in hand and that was part of the package we sent in. This may help your situation.

The day after the marriage, FedEx your I130 package in with photocopies of all the documents they request plus the evidence of a relationbship. Joint bank account, credit cards etc.

We have not rec'd any RFE's in our case.

Good Luck!

That's very good to know. I already learned so much from here that will help the journey.

Thanks all for the tips!

[Tineka 0]

We were also married in Toronto. You will get a "Solemnization of Marriage", which the minister fills out. We sent that in in lieu of the marriage certificate.

[Airforce Wife 0]

Im a canadian citizen, my husband is USC. We married in Mississauga Ontario. I moved to the States 3 months after we got married - with intent to immigrate but didnt tell CBP. Filed for I-485/I-130 (within 6 months)- much easier then filing for visas and having to be apart. Also, i went online and requested a copy of my marriage certificate https://www.orgforms.gov.on.ca/eForms/start.do got it within 5 days of initial request 3 weeks after we got married.