Marriage or Fiancee Visa? Canada to US

[sonophax 0]

Good evening,

I am an American citizen engaged to a Canadian citizen. I've been in Canada for the past several years completing my schooling and my visa is due to expire soon. We were planning to get married next week, because I love him very much and want to permanently commit to him before I'm forced to go home, but I'm concerned that our marriage wouldn't pass scrutiny because I won't have a fancy dress or a big party.

Should we wait to get married and apply on a fiancee visa so that I can save up for a bigger wedding than either of us want?

Or should we go ahead and have our very quiet, low-key wedding and apply as spouses, even if I'm concerned about lack of proof that our marriage was a big enough deal?

Are there ways to mitigate the impact of what would look like a shoddy ceremony?

I didn't think the ceremony mattered in more than a legal sense, but now I'm worried a more traditional officer will deny us if I get married at City Hall in a nice dress instead of a wedding gown in a chapel.

[apple21 953]

Having a big fancy wedding is NOT the basis of visa approval. We only had 19 guests at our wedding and it wasn't an issue.

What matters is bonafide relationship.

Edited June 20, 2014 by apple21

[NikLR 13,220]

We had less than 19 guests! Some I didn't invite but my mother did... /sigh LOL But I wouldn't change my wedding for the world. It was where I wanted and the most important people to me were there. Hubs, daughter, and my mom!

For Canada the amount of evidence needed is minimal because it is a low fraud country.

To help you make this decision I need to know where the beneficiary is located in the country? Closer to Montreal or closer to Vancouver or in the middle. The reason I ask is because immigrant visa interviews are only conducted in Montreal. Non-immigrant interviews are in Vancouver or Montreal.

Also another couple of things to think about is the cost and the ability to work or travel ASAP. We decided on the spousal route because I wanted to be able to work right away and needed to be able to travel outside the USA at a moment's notice. Technically the CR1 is a cheaper visa route, however if you live in Vancouver or BC, or even Alberta, the cost of flying to Montreal for the interview (and travelling for the medical) may be prohibitive and be about the same as the adjustment of status that is done after marriage on the K1.

There is a lot of things to think about and decide on which route is best for you as a couple. What worked for me, may not work for you. I had to spend over a year being apart from my husband. My actual visa journey was only 9 months from filing to green card, which is pretty fast, but we debated him moving to Canada and he was unemployed for a period of time. We didn't feel comfortable filing the paperwork when my husband didn't have an income. (A joint sponsor was not possible for us.)

Edited June 21, 2014 by NLR

[sonophax 0]

Thank you for the reassurance, Apple, that does make me feel a bit better.

NLR, the beneficiary is located closer to Montreal, so he'd be decently able to get a bus or train to an interview. I'm glad to hear he's relatively close to the only place they do interviews, it'd be difficult to have to travel a long way.

The best route for us, I think, would be the one that gets us together fastest. I'm really heartbroken about having to be apart while the application is processing. We can live frugally on one income if that's what it takes, I'm just genuinely having difficulty knowing if it'll be better for us to get married now or apply as fiancees.

Again, thank you both for your replies, the information is very helpful.

[kashewmoo 9]

My wife and I had the opposite situation. She (a Canadian) was on a student visa while we were living together in the US. We got engaged right before her student visa ran out and she was forced to move back to Canada. Now, we are a DOMA case, otherwise we were both more than content to go down to city hall and get married. We did go through the spousal visa process which did mean longer separation, but on the other hand we have both been working full time throughout and I've been to Canada several times to visit her in the interim.

With that said, our marriage is in BC. I cannot speak for the laws of all provinces, but BC only allows for two types of wedding ceremonies - religious and civil. Both REQUIRE a government-approved officiate and minimum fee for their service (though they may also charge travel costs). If this is how you want to do things, you should get planning now. I wish it worked like it does here in Colorado where you can just go to the courthouse and sign a paper! It is definitely more expensive and requires more planning.

Anyway, we only had a few people present - her parents, two siblings, my mother (and then my dad and step-dad by webcam, haha) and we held the ceremony at her parents' house. It was intimate and really everything I wanted it to be. Once immigration stuff is over, we plan to do a vow renewal ceremony in Colorado that will be a bit fancier.

Either way, best of luck in your endeavors and congratulations on your engagement!

[sharda 8]

Having a small wedding should not be a problem.

I had a very small one, myself, husband, daughter , pastor for my church and my 2 witness.

I am not too sure about BC but in Ontario you need license which both parties have to be present at the same time.Its very hard being apart however I see my husband once a month he would come on a Friday evening and leave on Monday evening. If you plan the trip 4 weeks before it not that expensive. He uses west jet and maximum he ever pay for the ticket is $230.00.

Just think whats best for you, should not be that long as NLR mention Canada is not a high risk country.

My husband did not submit any pics for the evidence , all he did was submit a copy of a bank statement for out joint account that we have in the US.

All the best, I feel your pain being apart. It hurts alot

[Krikit 1,163]

In my opinion, the fiance visa is inferior to the spousal visa in that it will restrict him on being allowed back into the US if he should need to go back to Canada before his Adjustment of Status and/or Advance Parole has been received. It is also the more expensive of the two in more ways than one. Just something for you to consider.

You will want to post country-specific questions in the Canada Regional forum as each country and Consulate is unique in how they address issues.

http://www.visajourney.com/forums/forum/93-canada/

Welcome to VJ.