Help on understanding and choosing my best option.

[LoveInLouisiana 0]

Hello everyone,

I understand this has probably been asked a million times, but I am desperate to find my best option.

I'm a 25 year old female who lives and is a permanent resident of Canada. I met my partner online a year ago, he is 31 and a retired paramedic in the middle of a career switch , and is a US citizen. Ive been to visit him twice in the past year, for a total of 6 weeks. We are wanting to move me there as soon as possible, but do not want to go about it illigally, of course. Ive searched so many options, and I just cant figure out what to do.

What I would absolutly love, would be to go there, marry, and do paperwork from Louisiana. But from my understanding this probably wouldnt go over well. Could someone specify? could it be done?

I understand I could go the k1 route or the CR1, but they take longer than we wanted to wait. Is there any way around having to be stuck in canada? If there is any possible way to do the proper applications from the US, i would very much love to hear of them. Im desperate to finally be beside him for good.

thank you for your help.

[NikLR 13,220]

No there is no other legal option. You either need a K1 visa or a CR1 visa. Either to wait, get the Fiancée visa, then go down and marry, apply for AOS and stay together after marriage. OR Marry, chase the CR1 visa, immigrate to the USA and get a green card asap.

The other option is for HIM to move up to Canada because he is in the middle of a career switch. A Canadian permanent resident can sponsor a spouse or common-law partner.

[MedRoni 161]

Exactly!

Coming down and marrying with the intent to stay would not go over well as it is illegal. Of course the legal ways by the fiance or CR1 route take longer then you would care... it does for everyone separated from their loved ones!
Just be thankful Canada and the US are close and easy to visit each other. It isn't that way for most.

So as NikiR said, either wait out the legal process, or have him move up there if you cannot wait.

Best of luck either way!

[St&Sv 33]

I agree with the previous posters, and if you are looking to limit the time apart (something we all do) then the K1 will be for you. It's generally approved faster then the CR1s, but the CR1s are cheaper in the long run. http://budalawgroup.net/advantages-of-the-k1-fiance-visa-and-the-cr1-marriage-visa/

As stated before him moving to Canada could be an option since he is in the middle of a career change, which is prefect time to go to the great white north. That's if he wants to. As for how to do it or information you can check that all out here:

http://www.cic.gc.ca/english/immigrate/sponsor/index.asp

and you can see processing times here:

http://www.cic.gc.ca/english/information/times/perm-fc.asp

If I am reading it correct, someone living in Canada sponsoring a spouse will take roughly 14 months. Again if you are limiting time apart it still looks like K1 visa here in the USA. Though it's nice that Canada isn't very far nor complicated to visit even when so far south

God Speed to you both.

[NikLR 13,220]

If you sponsor someone who is already living in Canada, the bonus is after the initial assessment they're sent a work visa while the rest of the application is done. So after 6 months, the spouse would be able to work. Also you can sponsor a common-law partner vs only a spouse because the laws governing common-law are better in Canada. After you are common-law with someone it literally is the same as being married. If you separate, each party is entitled to half. In Canada, it really is "just a piece of paper" LOL

[NikLR 13,220]

If you sponsor someone who is already living in Canada, the bonus is after the initial assessment they're sent a work visa while the rest of the application is done. So after 6 months, the spouse would be able to work. Also you can sponsor a common-law partner vs only a spouse because the laws governing common-law are better in Canada. After you are common-law with someone it literally is the same as being married. If you separate, each party is entitled to half. In Canada, it really is "just a piece of paper" LOL

Actually after doing some research I found out this varies by province!

http://www.cbc.ca/news/canada/story/2013/03/19/common-law-myths-and-facts.html

It would be good to make sure of what you need to know as per your own province if you decide to not be married, but if marriage is the end goal, don't worry about common-law at all.

[ricnally 258]

If you have the means/freedom, you can visit the US while waiting for the (K1) visa.There are risks as to whether or not they would let you in at the border, but if you bring ties to Canada you will probably allowed in. You can stay for up to 6 months in a 12-month period. You'll have to go back to Canada for medical and interview, however, at the end of the visa process.

Edited May 26, 2013 by ricnally

[TBoneTX 43,291]

*** Thread moved from CR-1 Process forum to General Immigration Discussion -- OP is weighing visa paths. ***