Confused--US Citizen Marrying Canadian Here in US

[Kittipat 0]

Hello everyone! Grateful for your time and attention to my situation below. I've scoured the internet forums but ended up more confused. I'll try and put it in outline form for easy reading:

1. I'm US Citizen, my boyfriend is Canadian. Been together for about a 1.5 years and we have decided to get married and stay in US. He has Canadian passport and just last week was with me here in US for vacation.

2. We "THINK" it's best to get married here and file I-130F and the rest of the needed documents, instead of applying for a K-1 visa, so that we can be together already while his papers are being processed.

3. We're opting to not do the K-1 visa process because of MY fear of his past issues. He's had 3 DUIs within the past 8 years. Also, he had a little verbal argument with his mother (while he was drunk) that made his mother put a somewhat "no contact" restriction between him and her. It's not a full-blown restraining order. However, since both of them were living together, he had no choice but to come back home and therefore was in violation of this no-contact restriction. He has cleared this violation in court and has court papers to prove it. The main issue, as I see it, is that the US might see this as a problem tied with alcohol/drinking, and that he might pose as a hazard to the US, and they might not grant him the K-1 visa (We all make stupid mistakes when we were younger, right? Not that it's an excuse. But he is sober now, thank God). My beau's reasoning is that it's not like he killed anybody or did drugs, so he thinks it should be fine. My issue is the number of times the DUI happened, plus

4. Reading more into the forums, I confused myself a lot more knowing that there's an IR-1/CR-1 and a K-3 visa. Does he need to apply for any of this if he already will be in the US and we get married? Or does it mean that we can get married here, then he has to go back? I have a friend who was here on tourist visa and she met someone (a US Citizen), they got married, filed their forms, and she didn't have to go back to her country while it was happening.

If I posted this on the wrong topic, please feel free to move it. Again, I appreciate anyone's inputs on this matter.

[Romeo&Analet 1]

Fiance visas are hard to get.

K-3 takes almost the same time to get your CR1, and when the person enters to the USA the paperwork for the Residence must start again.

....so my advice is to get married at Canada then apply for a CR1 with the I-130

http://travel.state.gov/visa/immigrants/types/types_2994.html

[Romeo&Analet 1]

CR-1 means conditional residence... it is the one you should apply

if you get marry in Canada.

K-3 is for fiance

[Kittipat 0]

Thanks for the replies So getting married here in the US is not an option? Do we have to get married in Canada?

EDIT: I'm sorry. Maybe I should have put on my original post that I live in the US and he lives in Canada, and we plan on getting married in the US and staying in the US.

Edited May 23, 2012 by Kittipat

[Knope2012 10]

Hello everyone! Grateful for your time and attention to my situation below. I've scoured the internet forums but ended up more confused. I'll try and put it in outline form for easy reading:

1. I'm US Citizen, my boyfriend is Canadian. Been together for about a 1.5 years and we have decided to get married and stay in US. He has Canadian passport and just last week was with me here in US for vacation.

2. We "THINK" it's best to get married here and file I-130F and the rest of the needed documents, instead of applying for a K-1 visa, so that we can be together already while his papers are being processed.

3. We're opting to not do the K-1 visa process because of MY fear of his past issues. He's had 3 DUIs within the past 8 years. Also, he had a little verbal argument with his mother (while he was drunk) that made his mother put a somewhat "no contact" restriction between him and her. It's not a full-blown restraining order. However, since both of them were living together, he had no choice but to come back home and therefore was in violation of this no-contact restriction. He has cleared this violation in court and has court papers to prove it. The main issue, as I see it, is that the US might see this as a problem tied with alcohol/drinking, and that he might pose as a hazard to the US, and they might not grant him the K-1 visa (We all make stupid mistakes when we were younger, right? Not that it's an excuse. But he is sober now, thank God). My beau's reasoning is that it's not like he killed anybody or did drugs, so he thinks it should be fine. My issue is the number of times the DUI happened, plus

4. Reading more into the forums, I confused myself a lot more knowing that there's an IR-1/CR-1 and a K-3 visa. Does he need to apply for any of this if he already will be in the US and we get married? Or does it mean that we can get married here, then he has to go back? I have a friend who was here on tourist visa and she met someone (a US Citizen), they got married, filed their forms, and she didn't have to go back to her country while it was happening.

If I posted this on the wrong topic, please feel free to move it. Again, I appreciate anyone's inputs on this matter.

It's possible the past issues will come up no matter which one you file for, as the US does background checks while processing the petition. You would need to file CR-1 if you intend to stay in the US while filing. However, this visa is for those getting married on a whim, as the usual route is to wait for the paperwork to process while both people are in their home countries. That would be an I-130.

[Kittipat 0]

It's possible the past issues will come up no matter which one you file for, as the US does background checks while processing the petition. You would need to file CR-1 if you intend to stay in the US while filing. However, this visa is for those getting married on a whim, as the usual route is to wait for the paperwork to process while both people are in their home countries. That would be an I-130.

Okay, I think I am confusing myself. So if we go skip the K-1 visa route, and just get married here in the US since he can come over anytime anyway, the next step is to file CR-1, and not I-130?

[jaycali 415]

CR-1 means conditional residence... it is the one you should applyif you get marry in Canada.K-3 is for fiance

No, K-3 is for spouses. It's the same concept as the K-1 in terms of AOS etc, but obviously the marriage part is already done.

However.

No such thing as a K-3 visa exists in reality anymore. They only exist on paper. They were designed for a time when the CR-1 process took years. Recent processing times at USCIS for I-130 spousal petitions are roughly equal to I-129f (for K-3) so when they are filed together now, they are approved together. The K-3 is then administratively closed at NVC. K-3 is a big waste of time and resources.

OP: Get married, file I-130, get all his court records in order and be up front and honest about them throughout the entire visa journey. You don't really need to volunteer any information in the I-130, but he will need to provide a Canadian police certificate for his immigrant visa application. He doesn't seem to have any CIMT on his record so that's a major plus.

[afoyoswa 178]

Okay, I think I am confusing myself. So if we go skip the K-1 visa route, and just get married here in the US since he can come over anytime anyway, the next step is to file CR-1, and not I-130?

I-130 is the petition, and CR-1 is the visa, just as I-129F is the petition for a K-1 visa.

From what I have read, you are free to marry in the U.S. and then apply for the CR-1, but he would have to go back to Canada for the interview, medical, and other requirements, and would also be subject to extra scrutiny when entering the U.S. with an immigrant visa pending. He should bring proof of ties to home, and make sure it is clear that he is visiting, not relocating, until the visa is issued and he officially enters the U.S.

[jaycali 415]

Okay, I think I am confusing myself. So if we go skip the K-1 visa route, and just get married here in the US since he can come over anytime anyway, the next step is to file CR-1, and not I-130?

I-130 is to CR-1 what I-129f is to K-1.

You file an I-129f petition with the USCIS on behalf of your fiance. Once approved, your fiance can apply for a K-1 visa.

Likewise,

You file an I-130 petition with the USCIS on behalf of you husband. Once approved, your husband can apply for a CR-1 visa.

[CarolAnn&Eddy 12]

We are going through the K-1 visa for fiance, because we are planning to get married. That way, once we are married he can stay here in the US while the other paperwork is filed. From my understanding, and i may be wrong, going the other routes he would have to wait in Canada for the processes to complete. We chose to wait our time apart at the beginning before we are married instead of being apart after we are married.

My only warning, would be to your comment "and just get married here int he US since he can come over anytime anyway"... You always need to be prepared that he can be denied entry at his POE by a CBP officer. Especially since he is in a relationship, spending time in the US, and planning to marry here. He may be questioned a lot more at the border and is best have a lot of evidence for proof of having strong ties to Canada. As with our situation, my fiance was denied entry because we were told, "in the matters of love, one never knows" and "with a fiance in the states, you seem to have more reason to stay there than return home to Canada". He had all the evidence they asked for when we returned and he was again denied.

Good luck to the both of you

[Kittipat 0]

No, K-3 is for spouses. It's the same concept as the K-1 in terms of AOS etc, but obviously the marriage part is already done.

However.

No such thing as a K-3 visa exists in reality anymore. They only exist on paper. They were designed for a time when the CR-1 process took years. Recent processing times at USCIS for I-130 spousal petitions are roughly equal to I-129f (for K-3) so when they are filed together now, they are approved together. The K-3 is then administratively closed at NVC. K-3 is a big waste of time and resources.

OP: Get married, file I-130, get all his court records in order and be up front and honest about them throughout the entire visa journey. You don't really need to volunteer any information in the I-130, but he will need to provide a Canadian police certificate for his immigrant visa application. He doesn't seem to have any CIMT on his record so that's a major plus.

This is very helpful, thank you! I had this same thought initially: get married, file I-130 (which I think can be filed consequently with I-485, no? Anyway, this is different topic). Yes, we will have the Canadian police certificates and any other records and plan to be upfront about it on an as-needed basis somewhat.

I-130 is to CR-1 what I-129f is to K-1.

You file an I-129f petition with the USCIS on behalf of your fiance. Once approved, your fiance can apply for a K-1 visa.

Likewise,

You file an I-130 petition with the USCIS on behalf of you husband. Once approved, your husband can apply for a CR-1 visa.

Another helpful post! Thank you!!

[jaycali 415]

It's possible the past issues will come up no matter which one you file for, as the US does background checks while processing the petition. You would need to file CR-1 if you intend to stay in the US while filing. However, this visa is for those getting married on a whim, as the usual route is to wait for the paperwork to process while both people are in their home countries. That would be an I-130.

To clarify..

You can file an I-130 for any immediate relative, regardless of whether they are in the US, or outside the US.

If the spouse is in the US, and you decided after his/her entry that he/she should adjust status rather than return home, he/she can stay in the US and adjust status. This is not a CR-1 visa, it's just simply adjusting status. To do this, you file an I-130 petition in conjunction with an I-485. He/she can then not leave the US before the green card is received, unless you also file an I-131 for advanced parole.

[Kittipat 0]

We are going through the K-1 visa for fiance, because we are planning to get married. That way, once we are married he can stay here in the US while the other paperwork is filed. From my understanding, and i may be wrong, going the other routes he would have to wait in Canada for the processes to complete. We chose to wait our time apart at the beginning before we are married instead of being apart after we are married.

My only warning, would be to your comment "and just get married here int he US since he can come over anytime anyway"... You always need to be prepared that he can be denied entry at his POE by a CBP officer. Especially since he is in a relationship, spending time in the US, and planning to marry here. He may be questioned a lot more at the border and is best have a lot of evidence for proof of having strong ties to Canada. As with our situation, my fiance was denied entry because we were told, "in the matters of love, one never knows" and "with a fiance in the states, you seem to have more reason to stay there than return home to Canada". He had all the evidence they asked for when we returned and he was again denied.

Good luck to the both of you

Had the same problem in February 2012 when he was supposed to come over b/c he initially said he was visiting a friend which turned out to be a girlfriend in the end. But when he came here 2 weeks ago, he volunteered the info that he's visiting his girlfriend and meeting her family, so he got pulled aside. He had to show return ticket and debit/credit cards, then 5 mins after he was cleared.

I would have preferred doing fiance visa first, but my worry that his prior problems, even if cleared, might solicit an automatic denial. Whereas if we are here in US already, it would be easier to handle somehow.

[Kittipat 0]

To clarify..

You can file an I-130 for any immediate relative, regardless of whether they are in the US, or outside the US.

If the spouse is in the US, and you decided after his/her entry that he/she should adjust status rather than return home, he/she can stay in the US and adjust status. This is not a CR-1 visa, it's just simply adjusting status. To do this, you file an I-130 petition in conjunction with an I-485. He/she can then not leave the US before the green card is received, unless you also file an I-131 for advanced parole.

Sounds perfect! This was my initial understanding, until I read about the k-3 visas and cr1 visas which confused me. So basically, we can get married here, file 130 and 485 (and other forms that come along with), and wait until green card is received...then 2 years after we can get the conditional visa adjusted. Right?

[CarolAnn&Eddy 12]

Had the same problem in February 2012 when he was supposed to come over b/c he initially said he was visiting a friend which turned out to be a girlfriend in the end. But when he came here 2 weeks ago, he volunteered the info that he's visiting his girlfriend and meeting her family, so he got pulled aside. He had to show return ticket and debit/credit cards, then 5 mins after he was cleared.

I would have preferred doing fiance visa first, but my worry that his prior problems, even if cleared, might solicit an automatic denial. Whereas if we are here in US already, it would be easier to handle somehow.

From my understanding, no matter what petition you file, they do the same background checks, same police reports, same everything. He is put under the same scrutiny no matter what. I don't believe they overlook somethings just because they are here in the US.