Canadian citizen wanting to marry american, need help exploring options

[Cami94 0]

Currently I'm visiting my Fiance in the US. I arrived in November and extended my stay, I will be leaving in April. Its almost been two months since I arrived. Originally we wanted to apply for the K-1 visa but have not decided on anything yet, and have been putting it off for a while. Time is ticking and we must do something soon to minimize our time away from each other. I've been researching all day and its really stressful and scary:s! I'm just worried and I'll feel better once we get something done so I know that were closer to starting a life together and not being apart for months and months. K1/CR1/and AoS are our options. We really want to get married but I've read there can be a lot of complications with marrying then apply for AoS, but when I entered the US I never intended to get married or stay. I have a family (awaiting my return and would be very upset if I was staying), a room full of possessions, pets that I care for and responsibilities back home. I'm not prepared to stay, but IF I were to get married can I legally apply and do I have to return when the duration of my visit is up or am I supposed to stay? What is the average wait time to get the green card If I cant leave until its approved? Id need to return to Canada for a little bit if we were going that way, but would rather be away for as little time as possible. We are willing to take a chance that I could be denied, in that case since we'd already be married we'd move to Canada and Id apply for permanent residency for my Husband, since our goal is to move back to Canada and live there eventually.

If we were to get married now, can we apply for CR1, I stay until my visit is up then wait out the remainder of the application back home in Canada? This seems like a better option compared to the K-1 visa because I can work and we can start a life immediately when I arrive back in the USA with my visa. But I'm wondering how much longer does it take to get approved? My Fiance works full time and may only be able to visit me for 2 weeks(if at all) while we are apart. He was pulled aside while crossing the border when he came to visit me once and now they do this each time he tries to visit and require lots of proof. He only visited me once after he was flagged for not having enough proof he didn't intend to stay in Canada.

So I'm wondering which option would be best and what are your experiences? Any help is appreciated thanks!

[Hagrid 22]

I understand where you coming from and many of us have been through that.

Go for the k1 visa process, start it now go home when you are due to go home and then wait for the approval, I know it's few months apart from your fiancé but it's worth it at long last. Otherwise if he can move to Canada, get married there and then do the cr1 visa process you wouldn't need to spend time away from one another but it depends on his job and life here because that will take a couple of months anyways any path you pick up. No one said it would be easy especially when you fall in love with someone from another country and being a part for a couple of months is part of the price of it, but it's worth it when you can finally get to be together.

Just do things right and don't rush! Your fiancé can start the process now i129f for k1 fiancée visa. Let's say you get everything ready in two weeks and file, you would be filing by let's say Jan 20th. Then, Feb 20th, march 20th, April 20th, you said you would stay till April so that's three months of the application after you file. Let's say on the fourth month it gets approved the i129f petition (in May 20th). Then it takes two weeks probably to get to your consulate in Canada (Jun 05th), then the interview (let's say July 05th) and k1 approval, you would be together again in July! (I am being super positive with no RFE or delays and said that based on our application which went smooth and took that time) Some applications take longer like the ones filed in July 2012 it seems are taking forever for some members. But we filed in March and in July we got approval 4 months right after, and on august 01 the consulate gave us the package and we could have gotten the interview in August 15! But we delayed that part till October as I still had to wrap it up in my home country before leaving.

So being positive, you would be apart from April, May, June, and July. Three, four months! It seems long but it's worth it! He could visit you during that time! It’s just few months then you will have the rest of your life together and enjoy every single day and that time apart will be just a memory!

Good luck on your journey!

Edited January 4, 2013 by Juan L

[canadian_wife 1,785]

If working upon entering the US is important to you, as it was for us, I'd go for the Cr-1 visa for spouses.

Click on the 'guides' section at the top and start reading.

If you must return to Canada, which it seems like you do, do not try adjusting status. Plus this way you can keep your health care in Canada

good luck

[Cami94 0]

I understand where you coming from and many of us have been through that.

Go for the k1 visa process, start it now go home when you are due to go home and then wait for the approval, I know it's few months apart from your fiancé but it's worth it at long last. Otherwise if he can move to Canada, get married there and then do the cr1 visa process you wouldn't need to spend time away from one another but it depends on his job and life here because that will take a couple of months anyways any path you pick up. No one said it would be easy especially when you fall in love with someone from another country and being a part for a couple of months is part of the price of it, but it's worth it when you can finally get to be together.

Just do things right and don't rush! Your fiancé can start the process now i129f for k1 fiancée visa. Let's say you get everything ready in two weeks and file, you would be filing by let's say Jan 20th. Then, Feb 20th, march 20th, April 20th, you said you would stay till April so that's three months of the application after you file. Let's say on the fourth month it gets approved the i129f petition (in May 20th). Then it takes two weeks probably to get to your consulate in Canada (Jun 05th), then the interview (let's say July 05th) and k1 approval, you would be together again in July! (I am being super positive with no RFE or delays and said that based on our application which went smooth and took that time) Some applications take longer like the ones filed in July 2012 it seems are taking forever for some members. But we filed in March and in July we got approval 4 months right after, and on august 01 the consulate gave us the package and we could have gotten the interview in August 15! But we delayed that part till October as I still had to wrap it up in my home country before leaving.

So being positive, you would be apart from April, May, June, and July. Three, four months! It seems long but it's worth it! He could visit you during that time! It’s just few months then you will have the rest of your life together and enjoy every single day and that time apart will be just a memory!

Good luck on your journey!

Thanks so much for your reply! We've made the decision to apply for the K-1 visa, it is probably best and there's no risk of running into legal troubles with immigration. You're right a few months apart is nothing compared to the rest of our lives together It definitely isn't easy falling in love with someone from another country..and I'm sure everyone on here knows that. It's nice to speak to people that can understand, as my friends and family cannot :s Being separated from the one you love so much..the heartache.. the stress. But its all worth it and I wouldn't have it any other way. At least when I go back to Canada I can look forward to the fact that this is it! Once the visa is approved we can finally have a life together and not worry about when we can visit each other next. I know some couples aren't as lucky and spend months or years separated. I'm hoping our K-1 application goes as smoothly as yours. I've been gathering evidence, finished filling out the forms, so hoping to mail it out in the next couple of days. Thanks again for your words of encouragement, I feel a lot better now that me and my fiance have come to a decision and know what we are going to do.

[NikLR 13,220]

I wouldn't count on a K1 visa taking only 4 months. It can take just as long as a CR1 - 8 or more months. Make sure you read the guides!

A couple of things about the K1: Once you move to the USA you cannot leave until/unless you are granted Advance parole. If you leave, you can't go back. The K1 is a one time only entry visa. So there is no honeymoon unless you're staying in the USA. You also cannot work until granted work authorization because you will be adjusting your status. You also have to get married within 3 months of moving down so that is very little time to plan a wedding plus it must take place in the USA. Because of adjustment of status the visa itself costs up to twice as much. BUT as it seems you're from Vancouver, you'd be saving yourself huge with travel and hotel costs since you wouldn't have to go to Montreal. That may make the difference for you right there. Plus you get to be with your husband from day 1 as a married couple. It's probably one of the hardest things my husband and I go through, not being together as a married couple. We still visit, but it's not the same when you're only there for 10 days. To us, it was important that I could work (I'd be bored otherwise) and that I could travel back to Canada. The cost was also a factor, but either way I was travelling. I also wanted my mom to marry us and she could only do that in BC. He didn't care about a wedding really, he just wanted me as his wife. The sooner the better.. LOL

[Darnell 8,478]

http://www.visajourney.com/content/compare

Might be a good idea to study that page, for this weekend, then refactor your plan based on what you've read.

Good Luck !

[NikLR 13,220]

Take the time to compare and decide... It's an important decision!