Engaged to a Canadian - what are the options?

[coneyo 0]

Hi,

My fiance is a Canadian. We plan to get married in April here in the US. After that we'll be spending time in both countries but would like the option of being able to work in both countries. We will be doing quite a bit of traveling both in the US and Canada. Any advice is appreciated but I am very confused as to whether or not to bother to get the finance visa or just wait till we're married and then apply for a green card. It doesn't look like we'll have enough time to get the visa before April. In the time up to April he will be visiting me and making trips back to Canada. This is all very confusing.

Thanks for any replies,

Coney

[Alex+R 0]

Hi,

My fiance is a Canadian. We plan to get married in April here in the US. After that we'll be spending time in both countries but would like the option of being able to work in both countries. We will be doing quite a bit of traveling both in the US and Canada. Any advice is appreciated but I am very confused as to whether or not to bother to get the finance visa or just wait till we're married and then apply for a green card. It doesn't look like we'll have enough time to get the visa before April. In the time up to April he will be visiting me and making trips back to Canada. This is all very confusing.

Thanks for any replies,

Coney

First, you should read the guides on this website to get an idea of the different visas. Have you already got your wedding planned and everything? If so, you're going to want to get married and then file a K3 for your fiance, who will then have to wait in Canada during processing. During the processing your fiance may or may not be able to get into the US. Please read the guides!!

[Boiler 48,115]

Hi,

My fiance is a Canadian. We plan to get married in April here in the US. After that we'll be spending time in both countries but would like the option of being able to work in both countries. We will be doing quite a bit of traveling both in the US and Canada. Any advice is appreciated but I am very confused as to whether or not to bother to get the finance visa or just wait till we're married and then apply for a green card. It doesn't look like we'll have enough time to get the visa before April. In the time up to April he will be visiting me and making trips back to Canada. This is all very confusing.

Thanks for any replies,

Coney

Well if you want just apply for a Green Card you will have a lot of lying ahead of you.

Nothing to stop you getting married in the US and then leaving, bring plenty of evidence of non immigrant intent and return to Canada in case quizzed. You would then need to apply for a K3/CR1.

As far as freedom to travel, live and work in both the 2 countries you both need to be Citizens of both Countries. Otherwise you need to decide which has priority.

[Alex+R 0]

Threads like this, I'm just like, ugh, this part sucks... the moment you realize immigration is a long and arduous journey that doesn't leave you free for travel or anything like that. Coneyo, hang in there, you'll get this all sorted out eventually.

[zyggy 9]

In the world of immigration, you cannot get everything that you want... there are set rules and you have to live within them... they don't leave a lot for flexibility..

there are always trade-offs based on what your priorities are...

Once you become a PR, the expectation is that you will live permanently in the US... no jumping back and forth between countires... if you do this, you run the risk of an abandonment determination...

The only way to get full flexibility is when you both are dual citizens...

1) A K1 appears to be out of the question for you due to your timeline

2) It looks like you're left with a K3 or stick around for a CR-1 visa...

3) Your ability to visit the US during the processing of the visa could be limited due to the immigrant intent provisions of the INA... i.e. not permitted to enter the US...

Take a look at the guides and read around... ask questions when necessary...

Edited January 9, 2007 by zyggy

[Yodrak 7]

Coney,

You should review your objectives and your situation in a consultation with an immigration attorney. Perhaps with 2 immigration attornies - 1 US and 1 Canadian.

There may be alternatives to the most common approaches to immigration that most of us VJers are familiar with.

Yodrak

Hi,

My fiance is a Canadian. We plan to get married in April here in the US. After that we'll be spending time in both countries but would like the option of being able to work in both countries. We will be doing quite a bit of traveling both in the US and Canada. Any advice is appreciated but I am very confused as to whether or not to bother to get the finance visa or just wait till we're married and then apply for a green card. It doesn't look like we'll have enough time to get the visa before April. In the time up to April he will be visiting me and making trips back to Canada. This is all very confusing.

Thanks for any replies,

Coney

[Autumnchik 6]

One concern with not getting a K-1 visa is that there is always the possibility that your fiance can be denied entry to the U.S. Granted, that is the worst case scenario, but something you might want to consider .... it would be horrible to have a wedding planned and have to postpone because the groom can't be there! What kind of ceremony do you have planned?

Good luck!

[coneyo 0]

One concern with not getting a K-1 visa is that there is always the possibility that your fiance can be denied entry to the U.S. Granted, that is the worst case scenario, but something you might want to consider .... it would be horrible to have a wedding planned and have to postpone because the groom can't be there! What kind of ceremony do you have planned?

Good luck!

We set the date for the wedding months ago when we had no idea of these kind of hassles. We are retirees and like many of our friends we plan to do the snowbird thing - go south in the winter and north in the summer. I'm up in Alaska and shortly after we're married we plan to go south which would mean at the very least driving through Canada. Our home will be a 40 ft. RV. The wedding is set, a hall rented, friends invited and lots of out of town friends have made their air reservations so I guess we will go ahead with it. And we have another time constraint. We really need to be married before we apply for our retirement benefits to get the maximum benefit of being married. Can't do that if we apply for benefits as a single person. I'm learning to hate borders but one way or another we will make this work. I'm really appreciating everyone who has responded. Thank you everyone and keep it coming.

Coney

[antda 13]

Hi Coneyo,

Good luck on your immigration journey. From personal experience, arriving in the USA on a visitor's visa from Canada, getting married, and then applying for an AOS is legal to do. This is provided if they DID NOT come into the USA with the intention of immigration fraud by getting married here in the USA. The AOS this way worked for me (as I got my AOS approved/Green Card), but I can't say that it will work for everyone else, as every situation is different. My best advice to your and to anyone else who want to go through this route: Get your story straight, your paperwork organized and hire a good immigration lawyer.

Hope this helps. If not, then I hope it offers an insight as to another " non-traditional immigration alternative"...

Ant

Hi,

My fiance is a Canadian. We plan to get married in April here in the US. After that we'll be spending time in both countries but would like the option of being able to work in both countries. We will be doing quite a bit of traveling both in the US and Canada. Any advice is appreciated but I am very confused as to whether or not to bother to get the finance visa or just wait till we're married and then apply for a green card. It doesn't look like we'll have enough time to get the visa before April. In the time up to April he will be visiting me and making trips back to Canada. This is all very confusing.

Thanks for any replies,

Coney

[TimsDaisy 0]

In the world of immigration, you cannot get everything that you want... there are set rules and you have to live within them... they don't leave a lot for flexibility..

there are always trade-offs based on what your priorities are...

Once you become a PR, the expectation is that you will live permanently in the US... no jumping back and forth between countires... if you do this, you run the risk of an abandonment determination...

The only way to get full flexibility is when you both are dual citizens...

1) A K1 appears to be out of the question for you due to your timeline

2) It looks like you're left with a K3 or stick around for a CR-1 visa...

3) Your ability to visit the US during the processing of the visa could be limited due to the immigrant intent provisions of the INA... i.e. not permitted to enter the US...

Take a look at the guides and read around... ask questions when necessary...

This may be the correct set of answers for someone with a particular set of circumstances, but it is WAY too broad for your situation.

I think this is one case where the original poster would do well to consult with a qualified immigration attorney (find one in the US with experience in FAMILY BASED immigration issues and who specializes in Canadian-US couples - I bet you'll find one without too much trouble, especially in cities along the border). A Canadian attorney is only helpful - or as helpful - for the Canadian side of things.

If you are going to get married in the US in April, that's not a problem. The only problem comes if you want to marry and your fiancee wants to remain permanently in the United States. If your plan is to marry, then hit the road and drive around, into and out of each country, you won't be breaking any laws.

Recent changes in passport requirements for travel between the US and Canada will also affect your situation, most likely.

I think this sort of situation, your overall goals, etc, are worth a consultation (though I wouldn't necessarily shell out a large amount of money to retain an attorney until you find out if you really NEED it. If a lawyer says he/she won't speak to you until you sign a document committing you to a contractual relationship, find another attorney. He/She may charge a flat consultation fee, which is fine, but don't start purchasing services until you know they are needed. A good attorney wouldn't take your money before he/she knew IF and HOW to help you.)

There are a lot of people out there with cross-border marriages that probably travel back and forth more than a lot of us think they do.

Your issues are out of most our expertise, despite the large number of absolutely-certain in tone answers you have received and will receive in this thread.

Edited March 16, 2007 by TimsDaisy