Marrying a Canadian

[David13 0]

I don't know much about all these letters you guys use and I'm sorry if this is not the right forum for it but it's the closest I could get. What would be my best option if I were to marry a Canadian girl to bring her to the US as a legal resident? We're not yet married.

Edited February 25, 2013 by David13

[JustBreathe 22]

K-1 Fiancee Visa

[David13 0]

K-1 Fiancee Visa

Thanks.

Why is there a forum for this? Is it that complicated to marry someone overseas? Are lawyers not friendly?

[CaroSL 68]

Thanks.

Why is there a forum for this? Is it that complicated to marry someone overseas? Are lawyers not friendly?

It is a lot of paper work and a long process. The process itself is not that complicated, but requires a minimum of involvment and research. Lawers are kind of an expensive service for what they actually do most of the time (most of what you have to do in the process is gather things and fill forms. they can't do this for you. They can just advise you on what to gather. But you can get really good advice on here too. for free.)

You have two routes you could take:

- choose the fiancé visa (K-1) route: you'll have to wait until your fiancé gets her visa before getting married. There is no official timeframe on how long it could take for your fiancé to get the visa. So the general advice is not to make any plans for the wedding before the foreign fiancé has the visa in hand. (It usually takes between 6 months and a year... but anything could happen. There is no way to know exactly how long it will take). You have to get married in the US (not in canada), 90 days max after your fiancé gets in the country with the K-1 visa. Once she enters on K-1, your fiancé won't be able to leave the country before she has Advance Parole (She can have that document 2 to 3 months after you guys get married (if you fill for it of course)

- choose the CR1 route: You guys get married, where and when you want. After you are married, you fill for CR1. It is about as long to get as K1. But it has its advantages (I think the GC comes kind of faster than with a K-1 for exemple, no need of Advance parole etc)

For more info please read this: http://www.visajourn...content/compare

don't pay attention to K-3. They just get denied most of the time and they you'd have to fill for CR1... no interest at all.

Edit to add: and then read the guides: http://www.visajourney.com/content/guides

Edited February 26, 2013 by CaroSL

[NikLR 13,234]

K1 visa is NOT the only option. There are a lot of advantages and disadvantages to both visa types but you and your fiancee should decide which are pros and cons for you, and what doesn't matter.

We decides on the cr1 route. I wanted to travel and work as soon as I moved and it was cheaper overall. But I have to have my interview in Montreal (I am in Alberta). We didn't mind not living apart and I had certain plans for a wedding that did not include waiting 8 months or getting married in the USA. Lol. But those were OUR choices and yours may be different. Take the time to discuss with your fiancee and then come on back for help with the route you decide. You do not need a lawyer to do either process as long as you can read, fill out paperwork, and acquire the items needed on your own.

[NikLR 13,234]

Also K3 are not denied. They involve both an I-130 and an i-129f petition of which the I-129f are administratively closed during the second stage of the visa process. The CR1 is the superior visa path anyhow costing about half as much and take the same amount of time.

[CaroSL 68]

Also K3 are not denied. They involve both an I-130 and an i-129f petition of which the I-129f are administratively closed during the second stage of the visa process. The CR1 is the superior visa path anyhow costing about half as much and take the same amount of time.

Thanks for the correction

[NikLR 13,234]

no worries... unless you've spent a lot of time looking them up, you probably wouldn't know. LOL

[David13 0]

It is a lot of paper work and a long process. The process itself is not that complicated, but requires a minimum of involvment and research. Lawers are kind of an expensive service for what they actually do most of the time (most of what you have to do in the process is gather things and fill forms. they can't do this for you. They can just advise you on what to gather. But you can get really good advice on here too. for free.)

You have two routes you could take:

- choose the fiancé visa (K-1) route: you'll have to wait until your fiancé gets her visa before getting married. There is no official timeframe on how long it could take for your fiancé to get the visa. So the general advice is not to make any plans for the wedding before the foreign fiancé has the visa in hand. (It usually takes between 6 months and a year... but anything could happen. There is no way to know exactly how long it will take). You have to get married in the US (not in canada), 90 days max after your fiancé gets in the country with the K-1 visa. Once she enters on K-1, your fiancé won't be able to leave the country before she has Advance Parole (She can have that document 2 to 3 months after you guys get married (if you fill for it of course)

- choose the CR1 route: You guys get married, where and when you want. After you are married, you fill for CR1. It is about as long to get as K1. But it has its advantages (I think the GC comes kind of faster than with a K-1 for exemple, no need of Advance parole etc)

For more info please read this:

don't pay attention to K-3. They just get denied most of the time and they you'd have to fill for CR1... no interest at all.

Edit to add: and then read the guides:

As far as CR1 goes, how can we marry? Does she go to the U.S. with a passport at an appointed time and then marry? Or what's up? I'm a little confused on the passport ordeal as well. I figured you could be here for a long time with the passport. I thought blissfully though, because I saw on a married forum that there was an issue with that and I'm not sure of it. Something about "it (the marriage in the U.S.) not being planned." So they had a hassle with government officials on it. Excuse me if the above confusing.

K1 visa is NOT the only option. There are a lot of advantages and disadvantages to both visa types but you and your fiancee should decide which are pros and cons for you, and what doesn't matter.

We decides on the cr1 route. I wanted to travel and work as soon as I moved and it was cheaper overall. But I have to have my interview in Montreal (I am in Alberta). We didn't mind not living apart and I had certain plans for a wedding that did not include waiting 8 months or getting married in the USA. Lol. But those were OUR choices and yours may be different. Take the time to discuss with your fiancee and then come on back for help with the route you decide. You do not need a lawyer to do either process as long as you can read, fill out paperwork, and acquire the items needed on your own.

So wait, do you live in the US? Or why did you have an interview in Montreal?

Edited February 26, 2013 by David13

[NikLR 13,234]

As far as CR1 goes, how can we marry? Does she go to the U.S. with a passport at an appointed time and then marry? Or what's up? I'm a little confused on the passport ordeal as well. I figured you could be here for a long time with the passport. I thought blissfully though, because I saw on a married forum that there was an issue with that and I'm not sure of it. Something about "it (the marriage in the U.S.) not being planned." So they had a hassle with government officials on it. Excuse me if the above confusing.

So wait, do you live in the US? Or why did you have an interview in Montreal?

To answer the first part - you can get married anywhere in the USA or Canada. What she cannot do is plan to go down to the USA, get married and STAY. A person can visit the USA for up to 180 days a year. But they may not be allowed that much time at the border. The customs and border patrol have the right to deny anyone who is not a US citizen, so it's a good idea to make trips shorter and to bring proof of ties to your home country (in this case, Canada.)

I do not live in the USA, yet.

There are two places in Canada in which visas are issued. One is in Vancouver and only non-immigrant visas are issued there. The other is Montreal and both immigrant and non-immigrant visas are issued there.

Because I'm trying to immigrate to the USA, I have to fly to Montreal from either Calgary or Edmonton, to have my interview.

Start here: http://www.visajourney.com/content/compare Ignore the K3 visa - it's obsolete and very rarely issued.

Also ignore the visiting issue with the CR1 visa. This is not generally an issue with a Canadian spouse.

[David13 0]

To answer the first part - you can get married anywhere in the USA or Canada. What she cannot do is plan to go down to the USA, get married and STAY. A person can visit the USA for up to 180 days a year. But they may not be allowed that much time at the border. The customs and border patrol have the right to deny anyone who is not a US citizen, so it's a good idea to make trips shorter and to bring proof of ties to your home country (in this case, Canada.)

I do not live in the USA, yet.

There are two places in Canada in which visas are issued. One is in Vancouver and only non-immigrant visas are issued there. The other is Montreal and both immigrant and non-immigrant visas are issued there.

Because I'm trying to immigrate to the USA, I have to fly to Montreal from either Calgary or Edmonton, to have my interview.

Start here: Ignore the K3 visa - it's obsolete and very rarely issued.

Also ignore the visiting issue with the CR1 visa. This is not generally an issue with a Canadian spouse.

Ok, so just to clarify, I can have her come here, marry me - and all is good? And then she can visit whenever but the 180 day thing still applies even IF she's married to me, correct?

[NikLR 13,234]

Ok, so just to clarify, I can have her come here, marry me - and all is good? And then she can visit whenever but the 180 day thing still applies even IF she's married to me, correct?

Simplistically: Yes to both.

She may have to show proof of ties to Canada though. She should not lie to the customs and border patrol agent but should be as general and brief as possible in her answers. They still have the right to deny her entry if they think she's trying to immigrate.

You may ask her what she wants to do for a wedding? LOL Unless you both think that eloping is fantastic (which IMHO it pretty much is.)

[David13 0]

Simplistically: Yes to both.

She may have to show proof of ties to Canada though. She should not lie to the customs and border patrol agent but should be as general and brief as possible in her answers. They still have the right to deny her entry if they think she's trying to immigrate.

You may ask her what she wants to do for a wedding? LOL Unless you both think that eloping is fantastic (which IMHO it pretty much is.)

I'm a little concerned on the "they have the right to deny her entry if they think she's trying to immigrate" thing. What IF that happens? Are the CR1's handled through interviews in the states or in Canada? And how could that affect our CR1?

[NikLR 13,234]

I'm a little concerned on the "they have the right to deny her entry if they think she's trying to immigrate" thing. What IF that happens? Are the CR1's handled through interviews in the states or in Canada? And how could that affect our CR1?

Border patrol has the right to turn away anyone but US citizens. It shouldn't be too concerning honestly, she just just say she's visiting, have a return ticket, and some proof that she has a life in Canada she can't just up and leave. Short trips are better than long ones, many of us visit all the time with no problems at all. I've visited my husband 3 times since we were married and only once have they even stamped my passport. They've never asked for evidence but I always say when my return ticket is when they ask. I've also never gone for more than 10 days at a time, but other people have without any problems. If they deny her entry, she turns around and goes home. She could try the next day and get through, who knows. A denied entry is not a huge concern. She isn't banned, just denied entry and it won't affect the CR1.

The CR1 interviews are handled in Montreal ONLY.

[David13 0]

Border patrol has the right to turn away anyone but US citizens. It shouldn't be too concerning honestly, she just just say she's visiting, have a return ticket, and some proof that she has a life in Canada she can't just up and leave. Short trips are better than long ones, many of us visit all the time with no problems at all. I've visited my husband 3 times since we were married and only once have they even stamped my passport. They've never asked for evidence but I always say when my return ticket is when they ask. I've also never gone for more than 10 days at a time, but other people have without any problems. If they deny her entry, she turns around and goes home. She could try the next day and get through, who knows. A denied entry is not a huge concern. She isn't banned, just denied entry and it won't affect the CR1.

The CR1 interviews are handled in Montreal ONLY.

"and some proof that she has a life in Canada". What would that entail? What documents needed? And what's the office called in Montreal?

Edited February 26, 2013 by David13