Feedback Wanted

[jbbailey 0]

So my fiancé and I have been reading through these forums and taking in a lot of really good information, and wanted to post our situation to see if there was any ideas outside of what we have that others would recommend (or even to confirm that indeed we are on the right path).

Few quick points of reference:

- She is the US citizen // I am a Canadian citizen

- We've known each other and been friends for over 6 years, and have been together over a year

- She is finalizing her divorce currently (been separated for 2 years) and it will be completed early June

- Divorce is being finalized in WI where they have the 6 month rule in the state of not being able to get married again

So now on to us. Currently, our plan is to have me move to the US as the life we have together there is wonderful and it would not be worth it for her to come to Canada and get rid of her career. I work for a global company with offices all over the US (including WI) but they have advised that at this time, they will not transfer my current position. That does not mean that it couldn't transfer, but for the time being it is not an option. I have been looking for work within the US via monster/linkedin and other sites, but at present have not had luck finding a company that would be willing to sponsor a VISA (no real surprise there). So our thought process is that maybe we just push up a quick wedding for the sake of starting the paperwork and getting me into the US.

So given the WI laws, we had planned to do a wedding maybe in Chicago or Vegas with friends & family so as not to have to abide by the 6 month window in WI (and from what I've read on this site, the common belief is that given that the marriage is valid and legal in the state it was performed, that USCIS would recognize it as the same). At that point we would start filing for the K3 VISA and go through the processes outline in the stickied threads. Now one question I have. As a Canadian citizen, I am allowed to essentially come and go throughout the US so long as I have a passport. Once we have submitted documents for the K3 VISA and are going through those processes, I can still come to the US and have extended stays there as I presently do (usually I stay for 3-4 weeks and then come back to Canada for 4-6 weeks)? Once the K3 is approved, am I required to enter the US immediately or within a certain range? From what I've read, once receiving a K3 it takes about 90 days to get a EAD (believe that was the acronym for work permit) and we would want me to have that prior to coming full time. Essentially, I would stay in Canada working my current job until that came through and then be able to transition out of my current company and into a new company in the US (and possibly within my same company now that I had that working permit).

Any other thoughts that you all have would be great.

It's great to see and read the positive stories on here. It has helped us through some times where we have been pessimistic.

[Dave&Roza 748]

So my fiancé and I have been reading through these forums and taking in a lot of really good information, and wanted to post our situation to see if there was any ideas outside of what we have that others would recommend (or even to confirm that indeed we are on the right path).

Few quick points of reference:

- She is the US citizen // I am a Canadian citizen

- We've known each other and been friends for over 6 years, and have been together over a year

- She is finalizing her divorce currently (been separated for 2 years) and it will be completed early June

- Divorce is being finalized in WI where they have the 6 month rule in the state of not being able to get married again

So now on to us. Currently, our plan is to have me move to the US as the life we have together there is wonderful and it would not be worth it for her to come to Canada and get rid of her career. I work for a global company with offices all over the US (including WI) but they have advised that at this time, they will not transfer my current position. That does not mean that it couldn't transfer, but for the time being it is not an option. I have been looking for work within the US via monster/linkedin and other sites, but at present have not had luck finding a company that would be willing to sponsor a VISA (no real surprise there). So our thought process is that maybe we just push up a quick wedding for the sake of starting the paperwork and getting me into the US.

So given the WI laws, we had planned to do a wedding maybe in Chicago or Vegas with friends & family so as not to have to abide by the 6 month window in WI (and from what I've read on this site, the common belief is that given that the marriage is valid and legal in the state it was performed, that USCIS would recognize it as the same). At that point we would start filing for the K3 VISA and go through the processes outline in the stickied threads. Now one question I have. As a Canadian citizen, I am allowed to essentially come and go throughout the US so long as I have a passport. Once we have submitted documents for the K3 VISA and are going through those processes, I can still come to the US and have extended stays there as I presently do (usually I stay for 3-4 weeks and then come back to Canada for 4-6 weeks)? Once the K3 is approved, am I required to enter the US immediately or within a certain range? From what I've read, once receiving a K3 it takes about 90 days to get a EAD (believe that was the acronym for work permit) and we would want me to have that prior to coming full time. Essentially, I would stay in Canada working my current job until that came through and then be able to transition out of my current company and into a new company in the US (and possibly within my same company now that I had that working permit).

Any other thoughts that you all have would be great.

It's great to see and read the positive stories on here. It has helped us through some times where we have been pessimistic.

Do not apply for the K-3 as it is DEAD. Apply for a IR-1/CR-1 spousal visa instead. You can travel to the US as long as you can show strong ties to Canada and the CBP lets you enter. Once the visa is issued you come to the US and wait for the GC to arrive and then you can travel. would still wait the 6 months as that is the state your intended spouse is getting a divorce from. It might come back to bite you and then you have wasted all that time.

Good luck,

Dave

[configuration 2]

Forget about the K3 visa. It is obsolete. What you need is the CR-1 visa. Read the guides to get a sense of how a USC can petition for his/her spouse to come to the US.

I can't say anything about the divorce laws and how that impacts your marriage eligibility for the CR-1.

Regarding everything else, I am in a similar position to yours. Recently married, my wife is the USC and I am a Canadian citizen and we also dated for about 6 years before getting married. We filed for the CR-1 visa about a month ago. Once you are approved and receive the visa there is no need to obtain an EAD since you will be a permanent resident of the US immediately. In the meantime, though, don't assume that you can come and go from the US as you please. All entries to the US are at the discretion of the border agent and you can expect the scrutiny to increase somewhat once you have a spouse who lives in the US and it becomes clear that you eventually intend to immigrate to the US. Although Canadians generally have a much easier time of this than citizens of other countries, there are stories on this forum of Canadians being denied entry repeatedly. Much of this comes down to your showing sufficient ties to Canada.

Good luck in this long process!

[pushbrk 12,152]

So my fiancé and I have been reading through these forums and taking in a lot of really good information, and wanted to post our situation to see if there was any ideas outside of what we have that others would recommend (or even to confirm that indeed we are on the right path).

Few quick points of reference:

- She is the US citizen // I am a Canadian citizen

- We've known each other and been friends for over 6 years, and have been together over a year

- She is finalizing her divorce currently (been separated for 2 years) and it will be completed early June

- Divorce is being finalized in WI where they have the 6 month rule in the state of not being able to get married again

So now on to us. Currently, our plan is to have me move to the US as the life we have together there is wonderful and it would not be worth it for her to come to Canada and get rid of her career. I work for a global company with offices all over the US (including WI) but they have advised that at this time, they will not transfer my current position. That does not mean that it couldn't transfer, but for the time being it is not an option. I have been looking for work within the US via monster/linkedin and other sites, but at present have not had luck finding a company that would be willing to sponsor a VISA (no real surprise there). So our thought process is that maybe we just push up a quick wedding for the sake of starting the paperwork and getting me into the US.

So given the WI laws, we had planned to do a wedding maybe in Chicago or Vegas with friends & family so as not to have to abide by the 6 month window in WI (and from what I've read on this site, the common belief is that given that the marriage is valid and legal in the state it was performed, that USCIS would recognize it as the same). At that point we would start filing for the K3 VISA and go through the processes outline in the stickied threads. Now one question I have. As a Canadian citizen, I am allowed to essentially come and go throughout the US so long as I have a passport. Once we have submitted documents for the K3 VISA and are going through those processes, I can still come to the US and have extended stays there as I presently do (usually I stay for 3-4 weeks and then come back to Canada for 4-6 weeks)? Once the K3 is approved, am I required to enter the US immediately or within a certain range? From what I've read, once receiving a K3 it takes about 90 days to get a EAD (believe that was the acronym for work permit) and we would want me to have that prior to coming full time. Essentially, I would stay in Canada working my current job until that came through and then be able to transition out of my current company and into a new company in the US (and possibly within my same company now that I had that working permit).

Any other thoughts that you all have would be great.

It's great to see and read the positive stories on here. It has helped us through some times where we have been pessimistic.

If you're still considering a K3 visa, you haven't done much reading in THIS forum. Click on the word "Guides" at the top of any page here and follow the CR1 guide. That's the currently viable spouse visa.

A second caution, USCIS is going to require you both show evidence you were "free to marry" when you married, not just a marriage certificate. I would get a legal opinion on "free to marry" after a WI divorce before proceeding with any plan to marry in another state before being free to marry in WI.

[Darnell 8,478]

I say the K-3 path is the wrong path for you. Why? It takes almost the same time chasing after a K-3 visa as it does for a CR-1 visa.

[Ryan H 3,791]

Moved from K3 Process & Procedures to IR-1/CR-1 Process & Procedures as this is the only viable path for the OP.