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marieandjames

Where should we get married?

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Filed: Country: Canada
Timeline

Hello! My fiance and I area starting to plan our wedding and we would like to know if the location of our wedding (i.e. Canada or the US) will effect the processing time of the K-3 visa. We would like to be together as soon as possible, of course. Or... do you think we should get married in both countries? That's an option we're willing to explore also.

Thanks for your advice!

Marie

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Filed: AOS (pnd) Country: Canada
Timeline

You can marry in either country. The only thing that affects timing is when you start submitting your documents!


I-130 sent Mar 30, 06

approved Aug 15, 06

I-129f sent April 24, 06

approved July 27, 06

Montreal interview Jan 18, 07

POE Toronto Jan 28, 07

EAD sent Jan. 30, 07

transferred to Vermont Feb 12

biometrics Feb 22

approved March 13

card returned undeliverable! March 27

called after 6 weeks to have EAD re-sent

AOS sent Jan. 30, 07

biometrics Feb 22

RFE for complete medical (!) Feb 23

Called Senator from NJ - never returned call

Infopass March 19 (no help)

Replied to RFE with duplicate medical March 19

Sent additional evidence (I-693A) March 26

NBC received supplement March 30

touched April 4

Interview July 16

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Filed: K-1 Visa Country: Philippines
Timeline

MAYBE IM MISSING SOMETHING BUT IF YOURE NOT MARRIED YET THEN YOU'RE LOOKING AT A K-1 VISA. THAT IS IF THE PETITIONER IS IN THE U.S. AND YOU PLAN ON GETTING MARRIED IN THE U.S. IF YOU GET MARRIED IN CANADA THEN YOU NEED THE K-3 SPOUSE VISA. SHOULD YOU GET MARRIED IN CANADA THE K-3 HISTORICALLY TAKES MORE TIME. THE K-1 TAKES LESS FOR SOME REASON. MUCH LESS. IF I'VE MISSED SOMETHING HERE PLEASE ENLIGHTEN ME. IM NEW AT THIS TOO BUT THIS IS WHAT I UNDERSTOOD.....PATRICK


4 september 2005.....relyn and patrick chat on filipina heart for first time

19 december 2005....patrick flies to meet relyn and m'r (son) for first time

24 decemeber 2005.....we are ENGAGED!

25 december 2005....we fly to boracay. patrick and relyn exchange wedding rings on plane....lol but true

3 january 2006....we meet with attorney to discuss annulment of relyn marriage.

(husband absent for 6 years)

20 august 2006.......patrick returns to philippines

21 august 2006......patrick birthday

28 august 2006......we travel to baguio city till september 5

4 september2006....we celebrate in bagiou our 1st year anniversary of knowing each other.

10 september2006.....patrick back in u.s

19 april 2007....back together for another trip

21 april 2007....we travel to province relyn and family are from for a chance for me to meet extended

family. we are there for more than a week.

7 may 2007....return to the u.s.a.

JULY 2007.....annulment sent to judge desk awaiting decision

OCTOBER 2007.........JUDGE GRANTS ANNULMENT......YIPPEE GETTING CLOSE TO FILING I129F

31 december 2007 I29f sent via US postal priority mail

4 January 2008 NOA1

6 MAY 2008 NOA2 (GUESS THE TOUCH WAS A REALLY GOOD TOUCH)

10 MAY 2008 RECEIVE HARD COPY I-797 NOA2 IN SNAIL MAIL

22-23 may 2008-early medical(passed)

22-27 may 2008-son's medical....very long bcoz of tuberculin test

20 june 2008-my patrick visit me again for 4time

23 june 2008-interview u.s.embassy

27 june 2008-got my visa yipeee so quick!

2 july 2008- fly in tacoma wa, with my patrick and son

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Or... do you think we should get married in both countries?

You can have multiple celebrations, parties and receptions, but you only get to have one legally binding wedding, and it's got to be in one country or the other. Be clear on where and when your one legally binding wedding is, and always be consistent in what you tell the authorities about the date and place of your wedding.

If you have two celebrations to satisfy relatives in different countries, the first celebration should be the legally binding one. There's no problem at all with having lots of celebrations afterwards, though.

In immigration matters, you always carry the burden of proof. In order to get a K-1 visa and use it to enter the US, you've got to prove you're single, and to get a K-3 or CR-1 visa, you've got to prove you're married. It can sometimes be hard to PROVE you're single, but easy to show a marriage certificate to prove you're married. If there is any evidence of a non-binding wedding that happens before your entrance into the US on a K-1, you'll have the burden of proving that the celebration was indeed non-binding, and this burden can be pretty difficult to sustain. That's why it's best to have the first wedding be the clear legally binding one. You avoid that messy ambiguous state where you're not really married but not provably single.

A K-1 marriage has to be held in the US.

A K-3 or CR-1 marriage can be in any country. If you can get into the US, you can get married here. Then you'd have to leave the US to get the K-3 or CR-1 visa.

There may be difficulty getting into the US for the wedding, however. If the border guards think there's a chance you'll get married and stay in the US, they have a duty to refuse entry (unless you're in posession of a K-1 visa).


04 Apr, 2004: Got married

05 Apr, 2004: I-130 Sent to CSC

13 Apr, 2004: I-130 NOA 1

19 Apr, 2004: I-129F Sent to MSC

29 Apr, 2004: I-129F NOA 1

13 Aug, 2004: I-130 Approved by CSC

28 Dec, 2004: I-130 Case Complete at NVC

18 Jan, 2005: Got the visa approved in Caracas

22 Jan, 2005: Flew home together! CCS->MIA->SFO

25 May, 2005: I-129F finally approved! We won't pursue it.

8 June, 2006: Our baby girl is born!

24 Oct, 2006: Window for filing I-751 opens

25 Oct, 2006: I-751 mailed to CSC

18 Nov, 2006: I-751 NOA1 received from CSC

30 Nov, 2006: I-751 Biometrics taken

05 Apr, 2007: I-751 approved, card production ordered

23 Jan, 2008: N-400 sent to CSC via certified mail

19 Feb, 2008: N-400 Biometrics taken

27 Mar, 2008: Naturalization interview notice received (NOA2 for N-400)

30 May, 2008: Naturalization interview, passed the test!

17 June, 2008: Naturalization oath notice mailed

15 July, 2008: Naturalization oath ceremony!

16 July, 2008: Registered to vote and applied for US passport

26 July, 2008: US Passport arrived.

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Filed: Other Timeline

well that depends on if they plan to live together in the US immediately following a US wedding from a K1.

It IS possible to go to the US, get married and then return to Canada. People do it all the time. I did it! The place of our marriage doesn't matter for a K3, as long as I did not enter the US in order to get married and stay to adjust status. I got married and returned to Canada. The difficulty sometimes would be telling the border officials that you're going there to get married and then they deny you entry for suspecting you're going to settle.

To the OP, read the guides above, decide which visa is the closest to what you need for when and where you want to settle, and then figure out which country to get married in.

And if you decide to marry in a third country, remember a K3 would have to return to that country for the consular interview. So a beach marriage in Nassau could be quite costly in return trips!


divorced - April 2010 moved back to Ontario May 2010 and surrendered green card

PLEASE DO NOT PRIVATE MESSAGE ME OR EMAIL ME. I HAVE NO IDEA ABOUT CURRENT US IMMIGRATION PROCEDURES!!!!!

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Filed: Country: United Kingdom
Timeline

One objection I've read of in the past is the length of time it takes to get a marriage certificate from Ottawa. You can not beging filing any petitions until you have the recorded marriage certificate.

If you'd marry elsewhere in Canada, that may not be an issue.


Now That You Are A Permanent Resident

How Do I Remove The Conditions On Permanent Residence Based On Marriage?

Welcome to the United States: A Guide For New Immigrants

Yes, even this last one.. stuff in there that not even your USC knows.....

Here are more links that I love:

Arriving in America, The POE Drill

Dual Citizenship FAQ

Other Fora I Post To:

alt.visa.us.marriage-based http://britishexpats.com/ and www.***removed***.com

censored link = *family based immigration* website

Inertia. Is that the Greek god of 'can't be bothered'?

Met, married, immigrated, naturalized.

I-130 filed Aug02

USC Jul06

No Deje Piedras Sobre El Pavimento!

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This post is written with regards to you getting married in Canada.

Marrying in Ottawa, well basically marriage in Ontario is a problem. I got married on the 23rd of June this year. I had to take the marriage licence from the registrar generals office and then after the marriage a temporary solemnization record of marriage is given. Remaining parts are filed with the record of birth, deaths and marriages section of the govenment of Ontario. It takes somewhere between 8-12 weeks for it to get registered and then the official certificate can be issued. I used the temporary one to file my case for US and its going pretty well. I just now received my marriage certificate (official one) and I forwarded it to USCIS and it was added to my file. The bottom line is that even if you do start with the temp one its okay but be sure to send the original one as soon as it is available. Also mention this in the cover letter you send with your case that Ontario Government takes 8-12 weeks to register the marriage. The website in this regards is www.serviceontario.ca

Hope that helps.


Our Timeline

06/23/2006 Happiest day of my life, got married to my lovely Wife!

AOS

11/27/06 I-485 / I-765 Sent (Overnight)

11/28/06 I-485 / I-765 Received

12/01/06 Notice Date for both

12/02/06, 12/04/06, 12/05/06, 12/06/06, 12/10/06, 12/11/06 Touched !!!

12/19/06 Interview letter Issued!

12/26/06 Interview Notice Received!

02/13/07 Interview

08/25/08 Filed Writ of Mandamus (Law Suit) against USCIS, DOS, FBI

09/16/08 Application Approved (IR6)

09/22/08 Card Production Ordered

09/23/08 Welcome Notice Received

09/29/08 10 YR. GC Received!

N-400

07/18/11 N-400 Sent (Overnight) UPS

07/19/11 N-400 Received

08/23/11 Case status changed - FP letter sent

08/26/11 Fingerprint notice received in mail

08/26/11 Early Fingerprints completed

09/13/11 Original Fingerprints scheduled date

08/30/11 Case status updated: In-Line to be scheduled for an interview

09/12/11 Case status updated: Interview is now scheduled

09/15/11 Interview letter received!

10/19/11 Interview at Santa Ana, CA - I-130 is not approved in file

10/19/11 RFE issued

10/27/11 RFE response received and is being reviewed - even though I didn't get any RFE or responded to one!

11/11/11 Notification for Placed in que for oath ceremony

11/15/11 Notification for Oath being scheduled

11/18/11 N-445 Oath letter received

12/15/11 Oath Ceremony - Its all over! I AM FINALLY A US CITIZEN!

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Filed: Country: United Kingdom
Timeline
The bottom line is that even if you do start with the temp one its okay but be sure to send the original one as soon as it is available. Also mention this in the cover letter you send with your case that Ontario Government takes 8-12 weeks to register the marriage. The website in this regards is www.serviceontario.ca

Hope that helps.

Thanks for that update!


Now That You Are A Permanent Resident

How Do I Remove The Conditions On Permanent Residence Based On Marriage?

Welcome to the United States: A Guide For New Immigrants

Yes, even this last one.. stuff in there that not even your USC knows.....

Here are more links that I love:

Arriving in America, The POE Drill

Dual Citizenship FAQ

Other Fora I Post To:

alt.visa.us.marriage-based http://britishexpats.com/ and www.***removed***.com

censored link = *family based immigration* website

Inertia. Is that the Greek god of 'can't be bothered'?

Met, married, immigrated, naturalized.

I-130 filed Aug02

USC Jul06

No Deje Piedras Sobre El Pavimento!

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Filed: Timeline

lucyrich,

To pic a nit, off topic in the context of Marie's situation - not necessarily.

In some jurisdictions a wedding celebration plays no part in a legal (government recognized) marriage. Solves a lot of family problems for K1s coming from such places (but can create immigration problems in the US if flaunted).

Yodrak

.....

If you have two celebrations to satisfy relatives in different countries, the first celebration should be the legally binding one. There's no problem at all with having lots of celebrations afterwards, though.

.....

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That's why I said "should", not "must". It's not always essential to do it that way, but many potential problems are avoided by having the first ceremony be the legally binding one.

Yes, it is sometimes legally possible to have a non-binding wedding before the legally binding one, and one might even enter on a K-1 after the non-binding wedding and before the legally binding one without breaking any laws whatsoever. But marriage laws vary widely from country to country. The kind of ceremony that would clearly be non-binding in one jurisdiction might be a fully legal marriage if performed in another place. The big problem is that CBP officers aren't experts in all countries' marriage laws.

If one tries to enter the US with a K-1 while wearing a wedding ring, carrying wedding pictures, or showing other evidence that a wedding may have happened, however ceremonial and non-legally binding, then I wish them good luck in convincing the officer that they are really eligible to enter on the K-1.

lucyrich,

To pic a nit, off topic in the context of Marie's situation - not necessarily.

In some jurisdictions a wedding celebration plays no part in a legal (government recognized) marriage. Solves a lot of family problems for K1s coming from such places (but can create immigration problems in the US if flaunted).

Yodrak

.....

If you have two celebrations to satisfy relatives in different countries, the first celebration should be the legally binding one. There's no problem at all with having lots of celebrations afterwards, though.

.....


04 Apr, 2004: Got married

05 Apr, 2004: I-130 Sent to CSC

13 Apr, 2004: I-130 NOA 1

19 Apr, 2004: I-129F Sent to MSC

29 Apr, 2004: I-129F NOA 1

13 Aug, 2004: I-130 Approved by CSC

28 Dec, 2004: I-130 Case Complete at NVC

18 Jan, 2005: Got the visa approved in Caracas

22 Jan, 2005: Flew home together! CCS->MIA->SFO

25 May, 2005: I-129F finally approved! We won't pursue it.

8 June, 2006: Our baby girl is born!

24 Oct, 2006: Window for filing I-751 opens

25 Oct, 2006: I-751 mailed to CSC

18 Nov, 2006: I-751 NOA1 received from CSC

30 Nov, 2006: I-751 Biometrics taken

05 Apr, 2007: I-751 approved, card production ordered

23 Jan, 2008: N-400 sent to CSC via certified mail

19 Feb, 2008: N-400 Biometrics taken

27 Mar, 2008: Naturalization interview notice received (NOA2 for N-400)

30 May, 2008: Naturalization interview, passed the test!

17 June, 2008: Naturalization oath notice mailed

15 July, 2008: Naturalization oath ceremony!

16 July, 2008: Registered to vote and applied for US passport

26 July, 2008: US Passport arrived.

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Filed: Timeline
Hello! My fiance and I area starting to plan our wedding and we would like to know if the location of our wedding (i.e. Canada or the US) will effect the processing time of the K-3 visa. We would like to be together as soon as possible, of course. Or... do you think we should get married in both countries? That's an option we're willing to explore also.

Thanks for your advice!

Marie

Hello,

You can get married either in Canada or US it is upto you, though the best route would be the K-1 fiancee visa.

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Filed: K-1 Visa Country: Colombia
Timeline

Hello! My fiance and I area starting to plan our wedding and we would like to know if the location of our wedding (i.e. Canada or the US) will effect the processing time of the K-3 visa. We would like to be together as soon as possible, of course. Or... do you think we should get married in both countries? That's an option we're willing to explore also.

Thanks for your advice!

Marie

Hello,

You can get married either in Canada or US it is upto you, though the best route would be the K-1 fiancee visa.

Well yes after receiving the visa you can get married in the recipients country, then fly to the US and get married again. Just don't flash your wedding ring or marriage pictures.


US1.GIFCOL.GIF

04-19-06 Sent I-129F

04-24-06 I-129F received at CSC

04-27-06 Received NOA1

07-03-06 Received RFE from CSC

07-03-06 Returned RFE to CSC

07-08-06 RFE received at CSC

07-31-06 Touched

08-05-06 Received second RFE from CSC

08-05-06 Returned RFE to CSC

08-07-06 Touched

08-09-06 RFE received at CSC

08-14-06 Touched

08-15-06 E-mail from CSC stating RFE received

08-16-06 Touched

08-18-06 NOA2 APPROVED- I-129F sent to NVC

08-19-06 Touched

08-25-06 NVC Received I-129F

09-01-06 NVC sent I-129F to embassy

09-05-06 Received at embassy

09-11-06 Packet 3 sent from embassy

10-06-06 Received Packet 3. Long delay in receiving the packet was due to postal miscue

10-06-06 Returned Packet 3

10-09-06 Received at embassy

10-31-06 Received Packet 4

11-14-06 Interview date

11-18-06 Travel to the States

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Filed: Country: United Kingdom
Timeline

Hello! My fiance and I area starting to plan our wedding and we would like to know if the location of our wedding (i.e. Canada or the US) will effect the processing time of the K-3 visa. We would like to be together as soon as possible, of course. Or... do you think we should get married in both countries? That's an option we're willing to explore also.

Thanks for your advice!

Marie

Hello,

You can get married either in Canada or US it is upto you, though the best route would be the K-1 fiancee visa.

How is the K-1 the 'best route' if they want a K-3?

Hello! My fiance and I area starting to plan our wedding and we would like to know if the location of our wedding (i.e. Canada or the US) will effect the processing time of the K-3 visa. We would like to be together as soon as possible, of course. Or... do you think we should get married in both countries? That's an option we're willing to explore also.

Thanks for your advice!

Marie

Hello,

You can get married either in Canada or US it is upto you, though the best route would be the K-1 fiancee visa.

Well yes after receiving the visa you can get married in the recipients country, then fly to the US and get married again. Just don't flash your wedding ring or marriage pictures.

A K-3 is a visa for married people. The OP is asking where to marry *before* they apply for a visa.

I also wouldn't issue your blanket advice for K-1s--there are some situations where that would be very bad advice indeed.


Now That You Are A Permanent Resident

How Do I Remove The Conditions On Permanent Residence Based On Marriage?

Welcome to the United States: A Guide For New Immigrants

Yes, even this last one.. stuff in there that not even your USC knows.....

Here are more links that I love:

Arriving in America, The POE Drill

Dual Citizenship FAQ

Other Fora I Post To:

alt.visa.us.marriage-based http://britishexpats.com/ and www.***removed***.com

censored link = *family based immigration* website

Inertia. Is that the Greek god of 'can't be bothered'?

Met, married, immigrated, naturalized.

I-130 filed Aug02

USC Jul06

No Deje Piedras Sobre El Pavimento!

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Filed: Other Timeline

there have been couples thru here over the years (yeah, I've been here a while :P ) who have had "ceremonies" before actually getting the K1 visa, and they've been denied because it was deemed that the "ceremony" was in fact a wedding. They had to re-start, for a K3. and before they could do that, they had to actually get legally married.

Having receptions or ceremonies that are not "legal" before getting a K1 can be right risky. And in Canada, you'll be hard pressed to find a legal officient to perform a not legal wedding, because of the marriage laws they just can't do it. You'd have to find an unofficial officient, someone who is not licensed or ordained to perform marriages.


divorced - April 2010 moved back to Ontario May 2010 and surrendered green card

PLEASE DO NOT PRIVATE MESSAGE ME OR EMAIL ME. I HAVE NO IDEA ABOUT CURRENT US IMMIGRATION PROCEDURES!!!!!

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Filed: AOS (pnd) Country: Canada
Timeline

Since you are only in the wedding planning stage, and you want to be together asap, you might consider no wedding at all, and look at timelines for K1, as someone already suggested. This puts the focus on getting here quickly, and yes, it's a gamble because there could be snags, but everyone in this forum gambles on timelines no matter what they're pursuing.

A K1 also circumvents the whole business of legal vs. non-legal ceremonies here or there. Just get to the States, marry, and if you really want, go back to Canada to renew your vows in the presence of family. It's a plan. Hey, how often do you get to be engaged?


I-130 sent Mar 30, 06

approved Aug 15, 06

I-129f sent April 24, 06

approved July 27, 06

Montreal interview Jan 18, 07

POE Toronto Jan 28, 07

EAD sent Jan. 30, 07

transferred to Vermont Feb 12

biometrics Feb 22

approved March 13

card returned undeliverable! March 27

called after 6 weeks to have EAD re-sent

AOS sent Jan. 30, 07

biometrics Feb 22

RFE for complete medical (!) Feb 23

Called Senator from NJ - never returned call

Infopass March 19 (no help)

Replied to RFE with duplicate medical March 19

Sent additional evidence (I-693A) March 26

NBC received supplement March 30

touched April 4

Interview July 16

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