K-3+CR1 or K-1?

[acer925 0]

She cannot live in the US without prior and proper authorization. She may visit however. Visiting is allowed and many people do it. There is no guarentee that she'll be admitted or permitted to stay for the full 180 days. She should carry strong ties to Canada to assist in the crossing

Good luck

ok thanks, and would she would need to maintain an address in Canada for them to send the paperwork for the k-1 to? (if she was visiting the US )

[canadian_wife 1,791]

She would need to maintain ties to Canada as well.

Paperwork is mostly done online now, but she'll need the police check and medical done in Canada as well as the interview

She obviously won't be permitted to stay in the US for the entier K-1 wait. The most she can be admitted for is 180 days (even that is not a guarentee) then she'll need to wait the rest out in Canada (she cannot spend more than 180 days in the US in a calendar year). Does she currently have a job? A lease? what ties can she produce, if asked, to show that she will return to Canada?

Good luck

[acer925 0]

She would need to maintain ties to Canada as well.

Paperwork is mostly done online now, but she'll need the police check and medical done in Canada as well as the interview

She obviously won't be permitted to stay in the US for the entier K-1 wait. The most she can be admitted for is 180 days (even that is not a guarentee) then she'll need to wait the rest out in Canada (she cannot spend more than 180 days in the US in a calendar year). Does she currently have a job? A lease? what ties can she produce, if asked, to show that she will return to Canada?

Good luck

The thing is she doesn't have a job, she owns a house, but we dont want to spend more than 2 months apart. I'm thinking the CR-1 might be better. What if we just moved to the states and got married..would they make her come back to Canada after 6 months, or couldn't she just apply for an extension?

[canadian_wife 1,791]

Yes, she cannot live in the US without proper authorization. Simply marrying you doesn't mean she can just live in the US. Coming to the US to 'live', as in coming in as a tourist with intentions of marrying and staying is visa fraud and carries a lifetime ban from the US

Apart time is part of this process. You can visit her, she can visit you etc. But the police check, medical, and interview will be done in Canada regardless of what visa, the K-1 or the Cr-1, you petition for

She can come in as a tourist and apply for an extension, however that is not a guarentee and if it is denied she'll have to return

Good luck

[acer925 0]

Yes, she cannot live in the US without proper authorization. Simply marrying you doesn't mean she can just live in the US. Coming to the US to 'live', as in coming in as a tourist with intentions of marrying and staying is visa fraud and carries a lifetime ban from the US

Apart time is part of this process. You can visit her, she can visit you etc. But the police check, medical, and interview will be done in Canada regardless of what visa, the K-1 or the Cr-1, you petition for

She can come in as a tourist and apply for an extension, however that is not a guarentee and if it is denied she'll have to return

Good luck

ok so tell me if this would be wrong. I go to the states, work, then she visits me for 6 momths. During that time, we decide we want to get married..so we do so in the US. Then, she applies for an extension while still visiting the US..and she gets an extension for another 6 months on top of the 6 months she had as a visitor. So now she can stay in the US for a year total, meanwhile, we file the paperwork for her visa from there. Is this not allowed? Thanks

[canadian_wife 1,791]

She can stay in the US as long as she is authorized. If she is admitted for 6 months then she can stay for that amount of time (and file for the CR-1 visa while she is there) and if she is granted an extension then she can stay for that too. however, if the extension is denied, then she must leave

Remember, the interview, medical and police check must be done in Canada so prepare yourself for time apart, it is part of this process.

Why not siply for the K-1 now, and have her visit as long as she can after you move to the US?

Good luck

[acer925 0]

She can stay in the US as long as she is authorized. If she is admitted for 6 months then she can stay for that amount of time (and file for the CR-1 visa while she is there) and if she is granted an extension then she can stay for that too. however, if the extension is denied, then she must leave

Remember, the interview, medical and police check must be done in Canada so prepare yourself for time apart, it is part of this process.

Why not siply for the K-1 now, and have her visit as long as she can after you move to the US?

Good luck

ok, thats good to hear. I guess for the interview, medical, and police check she could just return temporarily and stay somewhere. Do you know if that's a long process or would it be more like she would be given a specific date that she has to be there and then she can return? We could apply for the k-1 now I guess, like you said, there shouldn't be any difference. Thanks for your answers, your a blessing.

[canadian_wife 1,791]

She'll be given a specific time for the interview, the police check must be done at the NVC level, the medical can be done a few days before the interview

Good luck

[acer925 0]

She'll be given a specific time for the interview, the police check must be done at the NVC level, the medical can be done a few days before the interview

Good luck

great, thanks. Do you know how many interviews there are after the first one? Is it 2 years later and is it similar to the first one? thanks

[canadian_wife 1,791]

She'll be given a 2 year green card

After 2 years, you both will have to apply for a 10 year green card

An interview may or may not be necessary at that point

Good luck