Starting My Visa Journey TODAY! - Hopefully..

[mtlbk 0]

So... My name is Al and i live in New York. A little over a year ago i met my future wife. She is the love of my life. Anyway.. we started dating and things got serious, which is awesome. We got engaged on January 29th. Heres the catch shes canadian and im american!!! NOW WHAT?!?!?!

Well, we want to live in New York and we travel often back and forth. I go there for a few days and she comes here for a few days. Today i started doing research online on how to legally make her a citizen.

Here were my initial questions:

What if we spontaneously decided to get married while she is visiting me can we go to city hall and make that happen? Is that a better way?

If we decide to go through the paperwork will i be able to keep visiting each-other (in other words can we travel freely between Canada and the US)?

It appears that the correct way to move forward would be to file a I-129F for a K1 visa. But then what? Can we see each other at all? if so, are there restrictions?

Can anyone help me out?

[LeftCoastLady 441]

So... My name is Al and i live in New York. A little over a year ago i met my future wife. She is the love of my life. Anyway.. we started dating and things got serious, which is awesome. We got engaged on January 29th. Heres the catch shes canadian and im american!!! NOW WHAT?!?!?!

Well, we want to live in New York and we travel often back and forth. I go there for a few days and she comes here for a few days. Today i started doing research online on how to legally make her a citizen.

Here were my initial questions:

What if we spontaneously decided to get married while she is visiting me can we go to city hall and make that happen? Is that a better way?

If we decide to go through the paperwork will i be able to keep visiting each-other (in other words can we travel freely between Canada and the US)?

It appears that the correct way to move forward would be to file a I-129F for a K1 visa. But then what? Can we see each other at all? if so, are there restrictions?

Can anyone help me out?

I would suggest you start reading the guides to determine which petition is right for your situation (but ignore the K-3 part since that is no longer an option): http://www.visajourney.com/content/compare

For one, the K-1 visa is for unmarried couples, so if you plan to get married first, that is not the petition to file. You would need to look at the IR-1/CR-1 information. You should be able to visit one another during the petition process, however, it is up to the Border Patrol on if she will be admitted into the U.S.

Edited May 8, 2012 by LeftCoastLady

[rocks 494]

To become a citizen she would need to have a green card for 5 years, or if she marries you (and stays married to you) she can apply 3 years after the date on her greencard. Citizenship is a long way away.

You can visit each other during the K-1 process. As long as she can prove ties to her own country upon entry she should be fine, but it is never guaranteed.

If you got married "spontaneously", would she return home afterwards?

Edited May 8, 2012 by rocks

[Penny Lane 8,159]

So... My name is Al and i live in New York. A little over a year ago i met my future wife. She is the love of my life. Anyway.. we started dating and things got serious, which is awesome. We got engaged on January 29th. Heres the catch shes canadian and im american!!! NOW WHAT?!?!?!

Well, we want to live in New York and we travel often back and forth. I go there for a few days and she comes here for a few days. Today i started doing research online on how to legally make her a citizen.

Here were my initial questions:

What if we spontaneously decided to get married while she is visiting me can we go to city hall and make that happen? Is that a better way?

If we decide to go through the paperwork will i be able to keep visiting each-other (in other words can we travel freely between Canada and the US)?

It appears that the correct way to move forward would be to file a I-129F for a K1 visa. But then what? Can we see each other at all? if so, are there restrictions?

Can anyone help me out?

If you spontaneously get married in the United States, you'll need to file a CR1 visa. There is a period of separation and going back to Canada for an interview, etc, so I suggest reading up on that option to see if it's something you want to do. A K1 is for people who want to move to the US to get married and be able to stay.

While a visa petition/application is in process, you are able to visit. But be prepared that it's always up to the border patrol as to whether or not they let someone in. Have your fiancee bring ties to Canada to prove she isn't attempting to immigrate early.

[mtlbk 0]

To become a citizen she would need to have a green card for 5 years, or if she marries you (and stays married to you) she can apply 3 years after the date on her greencard. Citizenship is a long way away.

You can visit each other during the K-1 process. As long as she can prove ties to her own country upon entry she should be fine, but it is never guaranteed.

If you got married "spontaneously", would she return home afterwards?

Thanks for the reply. If we spontaneously decided to tie the knot im sure she would need to go home.

If you spontaneously get married in the United States, you'll need to file a CR1 visa. There is a period of separation and going back to Canada for an interview, etc, so I suggest reading up on that option to see if it's something you want to do. A K1 is for people who want to move to the US to get married and be able to stay.

While a visa petition/application is in process, you are able to visit. But be prepared that it's always up to the border patrol as to whether or not they let someone in. Have your fiancee bring ties to Canada to prove she isn't attempting to immigrate early.

Thank you very much for your reply. We intend to ultimately get married and live in the US.

[rocks 494]

Thanks for the reply. If we spontaneously decided to tie the knot im sure she would need to go home.

If you get married without a K-1 she will need to return home. You will then need to file for IR-1 / CR-1. If you applied for K-1 and waited until approval to get married then she would be able to stay with you after you married. It depends on which way you would prefer to do things.

[mtlbk 0]

I would suggest you start reading the guides to determine which petition is right for your situation (but ignore the K-3 part since that is no longer an option): http://www.visajourney.com/content/compare

For one, the K-1 visa is for unmarried couples, so if you plan to get married first, that is not the petition to file. You would need to look at the IR-1/CR-1 information. You should be able to visit one another during the petition process, however, it is up to the Border Patrol on if she will be admitted into the U.S.

From the link it seems like the K1 is the best fitting option.

[Penny Lane 8,159]

Thanks for the reply. If we spontaneously decided to tie the knot im sure she would need to go home.

Thank you very much for your reply. We intend to ultimately get married and live in the US.

It just depends on when you'd like to get married and what you'd like to do afterwards.

The CR1 is good because it's cheaper (I think), but it takes longer to process. Plus once the visa is approved, the beneficiary (your fiancee) can work right away.

The K1 is a little faster, though not by much. It's more expensive. But the beneficiary gets to move and stay instead of having a period of separation after the wedding. Plus they cannot work right away, they need to file for employment authorization with their Adjustment of Status, something that CR1s don't have to do.

Really up to you and when you want to be separated and for how long.

Check out the guides, see the differences Make the best decision for you and your fiancee.

[mtlbk 0]

Alright... So K1 is the best way to go. Here's a new question.. Can i apply for a K1 while she is visiting me in NY? i would assume that no matter where she is on the planet it wouldn't matter so early in the process.

Thoughts?

[Sirdaniel42 86]

I would suggest you start reading the guides to determine which petition is right for your situation (but ignore the K-3 part since that is no longer an option): http://www.visajourn...content/compare

For one, the K-1 visa is for unmarried couples, so if you plan to get married first, that is not the petition to file. You would need to look at the IR-1/CR-1 information. You should be able to visit one another during the petition process, however, it is up to the Border Patrol on if she will be admitted into the U.S.

:thumbs:

[devotional 4]

Hi!

I'm a Canadian planning on moving and marrying my American fiance. We decided to go the K-1 way. We chose this option for numerous reasons, but mainly because it would mean not having to be seperated once I did get there. I believe that visiting each other is possible throughout the process, however there are risks that the border patrol/custom agent won't allow me into the US- they basically make that call. ( I plan on flying to Florida in 2 weeks to spend some time with him for his birthday, I'm keeping my fingers crossed that there won't be any issues).

Although I won't be able to work right away, I think it takes only a few months after applying for AOS to be able to work, etc.

Good Luck!

[Penny Lane 8,159]

Alright... So K1 is the best way to go. Here's a new question.. Can i apply for a K1 while she is visiting me in NY? i would assume that no matter where she is on the planet it wouldn't matter so early in the process.

Thoughts?

It doesn't matter. She will, at the end of the process, need to be in Canada for a medical exam and an interview at the consulate in either Vancouver or Montreal (depending on where in Canada she lives) ... there are also documents she'll need to get, but that isn't until at least 4-6 months after you've filed your petition.

Frequent visits are fine, just be sure she brings ties to Canada. I visited my American husband (then fiance) from Canada a few times during the process and got questioned, but I had some proof that I was going back to Canada. It's always up to the border officer whether or not they let her in. If they don't, remember it's not the end of the world. Any denial of entry will not negatively impact your visa petition.

Edited May 8, 2012 by Coconuts

[LeftCoastLady 441]

Alright... So K1 is the best way to go. Here's a new question.. Can i apply for a K1 while she is visiting me in NY? i would assume that no matter where she is on the planet it wouldn't matter so early in the process.

Thoughts?

Sure, you can begin the process while she's visiting you. A lot of us do that if we can since we need their signatures on some of the supporting documentation that accompanies the petition. However, she will have to return to Canada for the interview and medical exam process.

[mtlbk 0]

OK so in front of me now i have:

1. "I am a US citizen - How Do I... Help my fiance become a U.S. Permanent Resident?"

2. "K1 Process Flow Chart"

3. "Instructions for Form I-129F"

4. "Step by Step guide on how to file for a K-1 visa for your foreign Fiance"

5. a cup of coffee

Am i missing anything...

[Penny Lane 8,159]

OK so in front of me now i have:

1. "I am a US citizen - How Do I... Help my fiance become a U.S. Permanent Resident?"

2. "K1 Process Flow Chart"

3. "Instructions for Form I-129F"

4. "Step by Step guide on how to file for a K-1 visa for your foreign Fiance"

5. a cup of coffee

Am i missing anything...

Sounds good to me. Happy reading!