Unsure which visa I should apply for

[Mimikinsie 0]

Hi,

I'm a 23 years old Canadian girl currently in the US visiting my boyfriend on a tourist visa. I have been here for about 5 months now. My boyfriend and I have been dating for 2 years now and are now thinking of getting married so we can start a life together here in the US. I have to leave the US soon so I don't stay more than the 6 months allowed and I'm afraid that if I leave I won't be allowed back anytime soon. I have been gathering information on the immigration process but I'm still unsure which visa I should be applying for. Ideally, we would like to be able to be together while all the paperwork is being processed. Would it work if we got married, filed for CR-1 then file for K3 when I go back to Canada so I can come back to the US as a non-immigrant to wait for the I-130 approval?

Basically we're looking for the process which involves the least time we'll have to spend apart.

Any help would be greatly appreciated

[Merrytooth 5,748]

You can file CR-1 visa and still be able to visit during the waiting period.

K3 is obsolete, CR-1 visa is the correct way to go.

[TBoneTX 43,043]

*** Thread moved from CR-1 Process forum to the "What Visa Do I Need" forum, on the basis of the query. ***

[Ozz777 23]

Marry now and file to adjust status while you're still in the US, then you never have to leave.

[NikLR 13,220]

You can also file the K1 and get married in the USA.

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

A few interesting things to note about the K1 vs the CR1 and Canadians.

K1 interviews can be in Vancouver or Montreal.

CR1 interviews are ONLY in Montreal.

There is one panel physician (for the medical) near Vancouver, most of the rest are near Toronto, and there is 1 near the consulate in Montreal.

You cannot live in the USA while doing the process but you can still visit. You should always tell the truth to the CBP (US customs) about your intentions for visiting the USA. I visited my husband 3 times while we did the process and made sure to say I was visiting my husband. I brought proof of my ties to Canada. Some people live in border towns and are able to visit every weekend, or every other weekend. Longer stays are harder to get through customs than short stays.

As stated by Ozz if this is truly a spontaneous thing you can marry now and not leave. HOwever you CANNOT leave the USA until you have something called "advance parole" because if you do so you will not be allowed back to continue the process. You would have to start over again with a spousal visa.

Edited August 20, 2013 by NLR

[Ozz777 23]

Why couldn't she marry before her 6 month visa expires and file to adjust status from within the US?

Oh, nevermind. Lol

Edited August 20, 2013 by Ozz777

[carocaro 22]

You don't have to leave...but you take a risk doing it this way. After application you won't be able to go back to Canada at all until you have your Green Card in hand. For us that was about 5 months.

Spend a few hours doing a whole lot of reading on here so you understand what getting married while you're on a visit means for Immigration.

Edited August 20, 2013 by carocaro

[Mimikinsie 0]

Thank you so much for your responses.

You can file CR-1 visa and still be able to visit during the waiting period.

Would I still be able to visit even if I've exceeded the amount of time I'm allowed to spend in the US per year?

After application you won't be able to go back to Canada at all until you have your Green Card in hand. For us that was about 5 months.

The only reason why I would have to go back to Canada would be to get my medication... I renewed my prescriptions in June and they are good until February 2014 so I wouldnt need to go back to renew them. Right now I have enough medication for about a month on me. So I either have to go back to Canada to get more or find a way to have it shipped to me here.

Spend a few hours doing a whole lot of reading on here so you understand what getting married while you're on a visit means for Immigration.

From what I understand it's all about the intent you had when you crossed the border, correct? Initially I was just going to spend the summer with my boyfriend like we did last year but as time went by we realised that we wanted to be together for good and start a life together. I've just graduated from college so nothing was holding me back anymore. We were both against marriage but we soon realised that it might be the only way we could be together so here we are.

Alright so, let me reiterate, we could get married next week then send in the I-485 for adjustment of status and I could legally stay here while the application is processed? We wouldnt have to file in the I-130 at all? If I filled the form I-131 (application for advanced parole) at the same time I filled the I-485 would I then be able to travel to Canada while the adjustment of status is pending?

[Ozz777 23]

According to USCIS if you are in the US now, your (future) husband would file both I-130 and I-485 at the same time, before your current visa expires.

http://www.uscis.gov/portal/site/uscis/menuitem.eb1d4c2a3e5b9ac89243c6a7543f6d1a/?vgnextoid=10093e4d77d73210VgnVCM100000082ca60aRCRD&vgnextchannel=10093e4d77d73210VgnVCM100000082ca60aRCRD

U.S. citizen

Inside the United States (through lawful admission or parole)

File Form I-130, Petition for Alien Relative, and Form I-485, Application to Register Permanent Residence or to Adjust Status, at the same time. See form instructions for more information.

[dinasnyder 0]

Marry now and file to adjust status while you're still in the US, then you never have to leave.

Yes marry now, and apply AOS dan SSN and GC, you don't have to leave US. That's happen to my friends..

[NikLR 13,220]

Yes you can do the AOS route.

Read this and join the AOS from work, student, and tourist visa forum.

http://www.visajourney.com/content/i130guide2