A few questions

[justicejs 0]

Thank you so much in advance for your help!

I'm a Canadian citizen engaged to an American citizen. We've known eachother since 2006 and got engaged this February.

At the Immigration office here in AR, we talked to a lady who told us some things that I'm not sure are true, because some people online have said otherwise. She was extremely unhelpful and didn't know how to answer many of our questions, so we are really confused about how to go about this process. Here are some things she told us:

1. I cannot be in the United States at all while our K-1 paperwork is being processed.

2. The fact that I don't know any information about my biological father could cause problems with obtaining my visa

Another thing I want to ask is, what the heck is the point of a K-1 visa anyway? We pay $350 for them to say "Okay, get married in 90 days and then make sure you spend another $400 on another visa."

Can we not just skip this fiancee one, get married in the USA and then fill out the marriage visa?

It seems like it makes no sense to go through so much trouble just for the government to tell us when to get married. Am I missing something?

[L+T 71]

Thank you so much in advance for your help!

I'm a Canadian citizen engaged to an American citizen. We've known eachother since 2006 and got engaged this February.

At the Immigration office here in AR, we talked to a lady who told us some things that I'm not sure are true, because some people online have said otherwise. She was extremely unhelpful and didn't know how to answer many of our questions, so we are really confused about how to go about this process. Here are some things she told us:

1. I cannot be in the United States at all while our K-1 paperwork is being processed.

2. The fact that I don't know any information about my biological father could cause problems with obtaining my visa

Another thing I want to ask is, what the heck is the point of a K-1 visa anyway? We pay $350 for them to say "Okay, get married in 90 days and then make sure you spend another $400 on another visa."

Can we not just skip this fiancee one, get married in the USA and then fill out the marriage visa?

It seems like it makes no sense to go through so much trouble just for the government to tell us when to get married. Am I missing something?

Yes, get married and then file the cr1. would would still be limited to your standard "stay" time, ie 6 months or what the law permits. You would return to canada for interview for cr1 visa. When approced, you enter usa as resident.

[photomile 101]

Let me address the last part first...

The purpose of the K1 as I understand it, is to lawfully enter the United States with the intention of marrying and seeking permanent residency through a change of status, when you enter under a visitor visa, you do not enter with the intent to remain, so that's where the big difference comes from. It's not impossible to marry under a visitor visa and adjust, but apparently it can cause major major issues since you entered the USA with 'false intentions'.... (you can still come in and marry, so long as you leave afterwards, i.e. you can't come in, marry, apply to adjust your status and stay there forever more)

if you want to get married first, you'll need to apply for a CR1 visa and then wait outside the USA before you can settle... (you can still visit!)

By the way, you can visit the USA all you want while you're waiting for the process to go over, what she might have been referring to though is the fact that Immigration officials will scrutinise you further since there will be a fear that you will enter the USA with the intent to remain, so if you embark on the process and decide to visit your USC Fiancee, make sure to bring good proof of ties to your homeland! You will need to return home for the interviews and medical etc, as well as ensuring you don't over-stay your visitor status in the USA

I'm sorry, I don't know about your biological father, but if you were adopted and this is the reason why you don't know, I don't see this as a problem since the USCIS accepts adoption certificates.

It does seem like a backwards process sometimes, (and expensive too!, you've got the cost of the I-129F petition, then when that bits done, you have to get a medical, THEN pay AGAIN at the embassy for the actual visa, THEN once you marry have to pay about 1000 dollars to adjust status to get a two year conditional residency THEN apply for removal of conditions..... and you can't work when you enter the USA on a fiancee visa until your work authorisation comes through which you can only apply for once you're applying for adjustment of status....)

Yup, they sure make you work for it.....

Edited April 25, 2012 by photomile

[justicejs 0]

Yes, get married and then file the cr1. would would still be limited to your standard "stay" time, ie 6 months or what the law permits. You would return to canada for interview for cr1 visa. When approced, you enter usa as resident.

Thank you. This makes it much easier on us.

If the fiancee visa isn't absolutely necessary, why do most people still opt to get it before getting married?

[photomile 101]

Thank you. This makes it much easier on us.

If the fiancee visa isn't absolutely necessary, why do most people still opt to get it before getting married?

The K1 is supposedly quicker but not by much. The CR1 also has the added benefit of giving you work and travel authorisation from the point you step foot in the USA

[Dave&Roza 748]

First you need to know the difference between the two visas and choose which one fits your desired outcome better.

Fiance visa:

Apply for petition using the I-129f

Wait about 6-7 months

Once petition is approved application is sent to local Embassy where the beneficiary has interview

Once approved for K-1, arrive in US and you have 90 days to get married

Once married file for AOS ($1070), immigrant spouse cannot work unit EAD or GC is in hand

You can visit on a tourist visa as long as you can show strong ties to home country

Spousal visa (IR-1/CR-1)

File via the I-130

When approved file for AOS with NVC

When all is approved spouse has interview in home country for visa

When spouse is approved, spouse arrives in US as a LPR and GC is issued.

Again you can visit, but being married to a USC may make it harder to enter.

Each has its pros and cons. Check out the guides here on VJ and determine which is best for you based on time and money.

Good luck,

Dave

[L+T 71]

Thank you. This makes it much easier on us.

If the fiancee visa isn't absolutely necessary, why do most people still opt to get it before getting married?

Many of us, our fiancee cannot easily enter the usa, and it is difficult to marry abroad... Ie, translated documents into apistille, trip to US embassy for approval of documents, trip to local foreign embassy for approval of approved documents, filing in local town of fiancee, waiting period... May involve second trip if you cannot get multiple weeks off for required waiting period to comply with local foreign law... etc. After marriage, leave your fiancee anyway to go back to work, and then wait longer for CR-1 than K-1. As opposed to get K-1, fiancee comes here, very little paperwork for purpose of marriage, whamo, done.

[justicejs 0]

Let me address the last part first...

The purpose of the K1 as I understand it, is to lawfully enter the United States with the intention of marrying and seeking permanent residency through a change of status, when you enter under a visitor visa, you do not enter with the intent to remain, so that's where the big difference comes from. It's not impossible to marry under a visitor visa and adjust, but apparently it can cause major major issues since you entered the USA with 'false intentions'.... (you can still come in and marry, so long as you leave afterwards, i.e. you can't come in, marry, apply to adjust your status and stay there forever more)

if you want to get married first, you'll need to apply for a CR1 visa and then wait outside the USA before you can settle... (you can still visit!)

Ah, okay. I understand.

Now that scares me. I have always had bad experiences with Homeland Security, for some reason they always gave me hell whenever trying to visit my boyfriend (now fiance). :/

So are you saying to avoid problems, I will file the CR1 and get married after it's approved?? Sorry if I'm misunderstanding

[justicejs 0]

Okay- I found the Guides that Dave&Roza mentioned and read up on the 2 Visas. The CR1 sounds better for our situation. The only question I have about it is, will we have any problems trying to cross the border (either me coming to the USA or him coming to Canada) if we tell them we are getting married? I'm sure the non-citizen will need to have lots of proof that they will return home, and show very strong ties to their home country, etc...how can we prove that?

Edited April 25, 2012 by justicejs

[rocks 494]

Okay- I found the Guides that Dave&Roza mentioned and read up on the 2 Visas. The CR1 sounds better for our situation. The only question I have about it is, will we have any problems trying to cross the border (either me coming to the USA or him coming to Canada) if we tell them we are getting married? I'm sure the non-citizen will need to have lots of proof that they will return home, and show very strong ties to their home country, etc...how can we prove that?

You can't enter USA for the purpose of getting married without a K-1, so yes you will have problems coming to USA.

[KayDeeCee 4,892]

You can't enter USA for the purpose of getting married without a K-1, so yes you will have problems coming to USA.

This is not true. You can enter the US and get married and leave when your visit time is up. They can then file for the spousal visa.

You will need to show strong ties to your country and make sure they know you are returning home. You do not have to even say up front you are getting married, unless they ask you directly. You just cannot enter with intent to get married and STAY.

[benoi027 3]

Hi, I'm in a similar situation to you and we are in the process of applying for a K-1. We met with two lawyers while I was in the states visiting, and both suggested we get married immediately and file a CR1. The reason they suggested this was because I had entered as a visitor- I didn't lie and come down with the intention of marrying.

This wasn't an option for us as I had a work contract I couldn't break, so we decided to go with the K-1. We are also complete rule-followers, and the idea of entering later with the intention to marry (and not admitting that), wasn't something I was willing to do.

In my opinion, there are more risks with the CR1- you risk getting denied entry (either by lying [...never a good idea in this situation!] or admitting you plan to marry), and I've heard of some people having issues with this when they go back to their home country for their interview. If you're considered suspect, they may not grant you approval as easily, in which case you're forced to stay out of the US for an unknown period of time.

As far as I can tell, the CR1 is intended for people who were already in the US for another purpose (e.g. work visa, travel, etc), met someone, and decided to marry. The K-1 is for people like you and I, who have been dating long distance, got engaged, and now plan to marry in the US.

[justicejs 0]

This is not true. You can enter the US and get married and leave when your visit time is up. They can then file for the spousal visa.

You will need to show strong ties to your country and make sure they know you are returning home. You do not have to even say up front you are getting married, unless they ask you directly. You just cannot enter with intent to get married and STAY.

What are some things I can show them I plan to return home?(And I DO plan to! I don't intend to stay, I just intend to save money and time...lol)

There's never been a time when I've come through customs that they didn't ask me what I was planning to do here. So if I told them I was getting married but would be returning home within a week, with proof of strong ties and intentions to leave, would they give me a ton of trouble?

[justicejs 0]

Hi, I'm in a similar situation to you and we are in the process of applying for a K-1. We met with two lawyers while I was in the states visiting, and both suggested we get married immediately and file a CR1. The reason they suggested this was because I had entered as a visitor- I didn't lie and come down with the intention of marrying.

This wasn't an option for us as I had a work contract I couldn't break, so we decided to go with the K-1. We are also complete rule-followers, and the idea of entering later with the intention to marry (and not admitting that), wasn't something I was willing to do.

In my opinion, there are more risks with the CR1- you risk getting denied entry (either by lying [...never a good idea in this situation!] or admitting you plan to marry), and I've heard of some people having issues with this when they go back to their home country for their interview. If you're considered suspect, they may not grant you approval as easily, in which case you're forced to stay out of the US for an unknown period of time.

As far as I can tell, the CR1 is intended for people who were already in the US for another purpose (e.g. work visa, travel, etc), met someone, and decided to marry. The K-1 is for people like you and I, who have been dating long distance, got engaged, and now plan to marry in the US.

The amount you end up paying to file a K-1 and then a K-3, like Immigration suggests, is too much for us. We're a younger couple, and how am I supposed to be able to go to school AND support myself when I am having to pay an unjustifiable amount for some people to look at some papers, give me a physical, and ask me some questions? There has to be a legal, honest, and less expensive way to do it.

Edited April 25, 2012 by justicejs

[EvilSquee 7]

Have your legal marriage in Canada and then apply for the CR1. Have a "real" wedding later in the US if you so desire. Avoids any risk of being accused of fraud for marrying in the US without declaring intentions to do so.

I'm American and my fiance is Canadian and coming here. While he's never been stopped when visiting they always ask him is he SURE he's not coming here to get married. Personally I wouldn't risk getting married in the US, too much potential to cause problems down the line.

Edited April 25, 2012 by EvilSquee