Moving to the US from Canada

[dcat127 0]

I would like some advice on what is the best method of proceeding.

My girlfriend and I would like to get married spring - summer of 2015. I am a US citizen, and she is a canadian (and mexican). At the time of our marriage she would like to move to the US. We would like to have our wedding in Canada (not possible with a k1?), our honeymoon would also have to be in the US. Also I am worried that filing a k1 might make it more complicated for her to cross the border before then. Me living in Canda for a year while a k3 is processed might also be a possibility, although not a preference. Is it possible for her to "visit" me for 6 months, while the k3 is being processed? The k3 would take longer than that to process, so she would have to go back to canada after that, maybe I could visit canada for 6 months after that.

I would appriciate any thoughts you might have.

[canadian_wife 1,791]

If you intend to marry in Canada, then the K-1 is not an option for you

The Cr1 is the superior marriage visa. See the 'guides' at the top of the page.

She may visit, but must be careful to return home.

good luck

[dcat127 0]

Is there likely to be any problems convincing border officers that it is only a visit, and she will leave after 6 months? If so what documentation would help?

Edited September 29, 2014 by dcat127

[gabarooch86 1]

My Wife is currently visiting at the moment, we filed our I-130 form back in May,

This is what the lawyer is telling us, and from our experiences so far.

She can visit, up to 6 months for a calendar year, however the longer the stay the more scrutiny she will be under when crossing the border. She needs to come prepared with as much documentation as possible to show her intent to return. This information includes Bank statements showing she can support herself while on vacation, return ticket, Rent or home ownership, utility bills, confirmation of your filing with the USCIS, etc. The more information she has ready to show her intent is for visitation only will help her cross the border.

My wife has already been through secondary questioning for a 2 month visit, and it can be very stressful as they try to really get under your skin.

Now the biggest thing here is to remember that regardless of how much information you have, they can always turn her away. You always run that risk, however according to my lawyer that risk is higher for those applying for permanent residency.

In my opinion, keep the visits short, and more frequent. Though that is up to you.

[dcat127 0]

If we were to file for a k1, changing our plans to a US wedding etc. But later changed our mind back to a Cr1 are there any problems with simply abandoning the k1?

[gabarooch86 1]

That I have no idea.

You can always call the USCIS, i made a few calls to them, if you don't mind being on hold.

[Kathryn41 3,205]

There are no problems with withdrawing a K-1 and re-applying for a CR-1 except the money spent on the K-1 will be down the drain and you have just increased your waiting time until you will be able to live together in the US as filing the CR-1 starts the whole process all over again from the beginning, and the CR-1 and K-1 take approximately the same time, with the K-1 being somewhat faster (although this does change and they go back and forth with one being faster than the other). A good rule of thumb is to allow a year for processing either one - and before you are in the position to live together in the US.

US border authorities operate on the premise that everyone - Canadian, Mexican, European, etc. - Everyone - who presents themselves at a US POE is an intending immigrant and it is up to the individual to prove otherwise. If you cannot prove this to the border guard's satisfaction, then entry will be denied. Denial for presumed immigrant intent will have no impact on the success of a CR-1 or a K-1 petition (unless you misrepresent or try to hide the fact), but it means that the US partner will have to visit the beneficiary outside of the US.

While Canadians technically are allowed to visit for up to 6 months at a time, they still need to satisfy US border authorities that they have a valid reason for doing so. 'Visiting' for 6 months raises a lot of red flags, unless you are an older snow bird with property down in Florida or Arizona. US border guards do look for couples trying to 'live together' either with or without an immigration visa in the works, so will be quite interested in how a young woman is able to afford the time and money to visit for 6 months at a time. They will be concerned, and rightly so, that she has too few ties to Canada if she can afford to be away for that length of time - thus, the likelihood of her being an intending immigrant rather than a visitor skyrockets - and the likelihood of a denied entry increases significantly.

She is allowed to visit but would be much better advised to come for shorter visits instead On each and every visit she needs to provide proof of ties that require her return to Canada - a letter from an employer or University stating the length of time she is allowed to be away, commitments that require her presence in Canada, financial ties such as a lease or mortgage plus the ongoing expenses involved in keeping a place to live (even if it is 'vacant' for several months), insurance on vehicles (not transferable to the US), plus proof of sufficient financial resources to pay for her living accommodations in the US plus health care coverage. (Provincial health care programmes do not cover the full cost of medical expenses in the US). The fewer of these she has the less likely they will be to allow her in to the US as the less certain they will be that she is a visitor and won't try to bypass the proper immigration process .

As mentioned above, more visits of a shorter duration will be more successful. She should also expect to spend at least as much time outside of the US as she does in the US between visits - so if she comes for 2 months, then she needs to be back in Canada for 2 months before she tries to re-enter.

[dcat127 0]

One more question If we were to get married in canada, and she would cometo the US visit for say maybe a month while the cr1 is being filed. If she ended up staying longer than what she told the border agent at the time of crossing, but less than 6 months. Would that be concidered fraud that might cause a problem in the cr1 process?

[gabarooch86 1]

Would highly suggest against that.

Not sure what information they keep, but I know they can see when the last time you entered.

[Ontarkie 13,925]

If she decided to stay longer on a whim then it would be alright, do not plan to tell them one thing and mean another if she is caught in a lie it can be very very bad.

But that changes if they marked anything in her passport to say how long she is allowed, and they have done this to other Canadians before even if we don't need a visa to visit.

[NikLR 13,220]

For you guys, I suggest the K1. You can always plan a big wedding celebration in Canada after the green card is in hand. No one ever says the K1 wedding in the USA needs to be a big wedding. A simple elopement in Vegas or at your local courthouse meets the marriage within 90 days requirement.