Marrying in Canada - moving to US

[musicgroupie03 2]

Hi! I recently got engaged to a Canadian. I'm a US citizen and currently it looks like we're going to try to move him down here. I have a couple of questions that I can't seem to find straight answers to!

• K-1 visa: Is this visa only used if we're engaged and he comes to the US for the wedding? If the actual marriage is going to take place in Canada, will we have to go for either the K-3 or the CR-1?
• If we aren't able to use the K-1, does this mean we'll get married in Canada and then live separately while waiting for the paperwork to process? We've been together 2 1/2 years and we're pretty tired of living apart.

Any help would be greatly appreciated. I've tried reading through the guides but from what I can tell, if we get married outside of the US, we'll have to wait upwards to a year before he can legally move down to the US. Just want to make sure I'm reading it right.

Thanks!

[bsd058 296]

Hi! I recently got engaged to a Canadian. I'm a US citizen and currently it looks like we're going to try to move him down here. I have a couple of questions that I can't seem to find straight answers to!

• K-1 visa: Is this visa only used if we're engaged and he comes to the US for the wedding? If the actual marriage is going to take place in Canada, will we have to go for either the K-3 or the CR-1?
• If we aren't able to use the K-1, does this mean we'll get married in Canada and then live separately while waiting for the paperwork to process? We've been together 2 1/2 years and we're pretty tired of living apart.

Any help would be greatly appreciated. I've tried reading through the guides but from what I can tell, if we get married outside of the US, we'll have to wait upwards to a year before he can legally move down to the US. Just want to make sure I'm reading it right.

Thanks!

1) The K-1 is used to bring your fiance to America to be married and then adjust status.

2) If you get married in Canada, and you are planning on moving back right away, it is technically not legal for your spouse to enter with the intention of immigrating without an immigrant visa. She will have to wait in Canada until her immigration goes through. She can visit you anytime while you wait for the process to be complete. I visited my wife twice already since we submitted my paperwork. It's still not complete and I'll be visiting her for about a month (starting next week) while we wait for my immigration interview in Montreal. We've had to spend a long time away from each other during this process. We dated for about 2 years long distance, too, before we were married almost 4 years ago. This is the only way, though. If on one of her visits, she decides she can't bear it any longer and wishes to wait for her immigration process with you in America, then she can adjust status in America. But she cannot plan doing this while on entering. It must be completely "spur of the moment," and she must be in America to do it.

Hopefully this helps. Unfortunately, there is no way around it. She must go the route that the rest of us go. She must apply first, then wait.

[musicgroupie03 2]

1) The K-1 is used to bring your fiance to America to be married and then adjust status.

2) If you get married in Canada, and you are planning on moving back right away, it is technically not legal for your spouse to enter with the intention of immigrating without an immigrant visa. She will have to wait in Canada until her immigration goes through. She can visit you anytime while you wait for the process to be complete. I visited my wife twice already since we submitted my paperwork. It's still not complete and I'll be visiting her for about a month (starting next week) while we wait for my immigration interview in Montreal. We've had to spend a long time away from each other during this process. We dated for about 2 years long distance, too, before we were married almost 4 years ago. This is the only way, though. If on one of her visits, she decides she can't bear it any longer and wishes to wait for her immigration process with you in America, then she can adjust status in America. But she cannot plan doing this while on entering. It must be completely "spur of the moment," and she must be in America to do it.

Hopefully this helps. Unfortunately, there is no way around it. She must go the route that the rest of us go. She must apply first, then wait.

Thanks for the quick response! This does help quite a bit. So if we end up getting the K-1 and get married in the US, we can apply for the change of status and they can live here while waiting for that to go through - they wouldn't have to go back to Canada at that point?

[ricnally 259]

You'll have to wait several months with either visa (K1 or CR1, that is. K3 is not used anymore), but you can visit.

[aws&ndd 103]

A K-1 visa is used to enter the US for purposes of getting married. If you are already married before you enter the US (meaning if you get married in Canada before coming to the US), then the K-1 visa is no longer an option. You will have to file for a CR-1 spousal visa.

If you decide to use a K-1 to enter the US and marry in the US, after marriage you can apply to change status and live here. You CANNOT return to Canada unless you either have your Advance Parole (AP) document or you have your green card. If you return to Canada before you have those things, you will have been considered to have abandoned your adjustment of status, and as such would have to refile for a spousal visa.

[ricnally 259]

Thanks for the quick response! This does help quite a bit. So if we end up getting the K-1 and get married in the US, we can apply for the change of status and they can live here while waiting for that to go through - they wouldn't have to go back to Canada at that point?

Correct.

[bsd058 296]

Correct.