Do I need a K1 if my boyfriend decides to live in Canada?

[jas415 0]

Hello,

I am a US citizen and my boyfriend is from Canada. We want to get married, but the problem is that I have a misdemeanor and cannot go into Canada unless I apply for a pardon. He's been visiting back and forth to the US. Ultimately he wants me to move to Canada. We want to apply for a Pardon, but we dont know the best way to do it. Do we need to apply for a K1 even though he doesnt plan on living here? I was told that I would need a good reason to get a pardon. We arent engaged as of yet, but do want to move forward. This is the only thing that is stopping us. Please let me know what's the best way to do this. We are willing to get a lawyer. Should we say we're engaged? Should we get married first? Please help.

Thanks!

[Anh map 2,098]

He doesn't need a K1 to get married in the US and return to Canada. He would need a K1 to move here, marry, and stay.

The question about the pardon involves Canadian law.

[Brandi n Michael 8]

If you plan on EVER moving to Canada or even to cross the border you must overcome the criminal inadmissibility. To do that follow the instructions here:

http://www.cic.gc.ca/english/information/applications/rehabil.asp

if you have any questions let me know as we have been down that road. My hubby had a misdemeanor and needed to overcome it. Being married or engaged will not overcome the fact that you are inadmissible to Canada, this is a must do procedure UNLESS 10 years have passed since you were free and clear of ALL obligations. Meaning if you had parole, fines or suspension the 10 year clock starts when all of that is complete.

You fill out the form and gather all required information submit $200 and then wait you will either get approved or told you need to pay more ($800) and wait longer.

Read up on criminal inadmissibility to Canada there is a lot of information out there.

Brandi

[jas415 0]

Thank you for the responses!

Brandi - I have talked to a lawyer in regards to our situation. He says that it's easier to get a pardon if we were married. Was this what you guys did? We are kind of hesitant to do that since I am still inadmissible into Canada and do not know the outcome of it all. Our lawyer asks for $3k to process my application. I know it's cheaper if I do it on my own, but with a lawyer we think that it would be better to have one than to not. The thing is, my boyfriend will have to write a letter stating why I should be granted the pardon. We wanted to know what's the best way to approach our situation for a better chance in getting the pardon. Should we get engaged/married first?

[Brandi n Michael 8]

It is NO different if you are married or not, you will need letters of recommendations but I'm afraid a letter from your boyfriend or spouse will NOT help at all. That would be the equivalent of my mom giving me a job recommendation.

We actually couldn't even get a pardon because the crime was committed in Montana and they don't do pardons. So check with your state. Pardons are mainly for Canadians trying to get into the States (not the other way around) Sucks I know!!

Personally I wouldn't not spend the money on the lawyer. That is a complete waste of money. Most of the work you have to do yourself anyway. Obtaining of criminal record checks for anywhere you have lived for 6 months or more since you were 18, court documents and letters of recommendations and of course the form itself stating why and how you have changed your life around so whatever crime is no longer an issue or repeat. A lawyer can't really do any of that for you.

I would start this application before you decide to get married and apply to live in Canada as you will have to do it anyway. If you plan on living in the USA, then I would say get married and follow the CR-1 process. Your Canadian boyfriend will have to live in the States after approval though because there is a residency requirement to maintain his eventual greencard.

Brandi