Which is the best option for us?

[Steve & Rema 4]

I have a few questions. I’ll start by explaining my situation.

I am currently engaged to a man from the US, I am from Canada. We met online two years ago and have met in real life several times. He tried to enter Canada to visit my family and I, however he got declined at the border due to petty theft charge on his record from almost 7 years ago. We filed for his Criminal Rehabilitation forms; however we discovered that it could possibly take another 12-18 months to receive the outcome. We do not want to wait this long to marry and be together, so we decided that I would move to the US to be with him, and marry while we wait for him to be allowed to enter Canada. That way, we’d already be married when moving back to Canada.

Since we could be waiting a long time for the rehabilitation papers, I would like to marry him legally in the US and get a green card. What is the easiest way to do this? Is it possible for me to move down there with him while working on our marriage papers? Our ultimate goal, is to be able to be married and living together as soon as possible, and for me to be able to work in the US as well.

Edited August 19, 2011 by Rema

[JoannaV 174]

I have a few questions. I’ll start by explaining my situation.

I am currently engaged to a man from the US, I am from Canada. We met online two years ago and have met in real life several times. He tried to enter Canada to visit my family and I, however he got declined at the border due to petty theft charge on his record from almost 7 years ago. We filed for his Criminal Rehabilitation forms; however we discovered that it could possibly take another 12-18 months to receive the outcome. We do not want to wait this long to marry and be together, so we decided that I would move to the US to be with him, and marry while we wait for him to be allowed to enter Canada. That way, we’d already be married when moving back to Canada.

Since we could be waiting a long time for the rehabilitation papers, I would like to marry him legally in the US and get a green card. What is the easiest way to do this? Is it possible for me to move down there with him while working on our marriage papers? Our ultimate goal, is to be able to be married and living together as soon as possible, and for me to be able to work in the US as well.

Hi. I believe I answered your partner's post earlier. So read what I wrote there.

Your post includes more information than his on your expected timeline. There are many possibilities but they all depend on your priorities. Quickest way to marry: go visit him today and get married. Quickest way to live together: file for the K1 fiance visa. (Or visit/marry tomorrow and then file for the CR1 spousal visa.) Quickest way to work in the US: visit him to marry him, then afterwards file for the spousal visa.

The visa process takes a long time. Not sure what the current stats are for Canadians, but it could be that you finally manage to move to the US when his criminal rehabilitation forms comes through (if they come through after 12 months say) and then immediately you can make the move to Canada. So it could be that you don't really get much benefit out of moving. On the other hand, if the forms take longer to come through, you will be glad you did it. Maybe it would be worth deciding to live in the US for a couple of years?

Getting your green card takes a while. You can however visit him in the US whilst waiting, and, if able to not work, can stay for as long as you are legally allowed.

[Penguin_ie 5,996]

I also answered your partner's post, but in short: getting to the USA to live (as opposed to just visit_ will take almost as long as dealing with his criminal record, so I wouldn't bother.

[Steve & Rema 4]

Thanks for the replies, we were both eager for answers.

The reason why we are considering getting married in the US, is because it is still possible that his Criminal Rehabilitation forms could be declined. So at least I would be living in the US legally if he were unable to enter Canada still. We were also considering it because if the Criminal Rehabilitation forms were to be accepted, we wouldn't have to go through the trouble of getting married in Canada since we would already be married, but we're not even sure if it works that way really. We would be moving to Canada as an already married couple. Also, if he does get accepted to enter Canada, we probably won't be moving RIGHT away, we would be looking for jobs.. and preparing which could take a while. So we could be in the US for even two years.

Thanks for taking the time to reply, it's nice to speak with people who have been through some of the same things.

Edited August 19, 2011 by Rema