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afewgolfers

Fiance Visa or Spouse Visa?

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Filed: Country: Canada
Timeline

Hi everyone! I'm a newbie here and really could use some advice! I have been reading lots of other posts but still am very confused based on my situation.

I am Canadian and my fiancé is American. We have been on and off for over 10 years and finally decided we want to get married and I will be moving to the US. I am confused which visa to apply because we are not looking to rush this. We are both business owners, his business is in the US while mine is in Canada. I still have to figure out what I'm doing with my business and my houses here in Canada before I can move there, so ultimately I don't want to move there until next Sept 2015 (at the earliest). I also want to be able to work immediately (or as soon as possible) after I move to the US. I already have an American social # because I went to university in the states (that's how we met) but it doesn't allow me to work there. Can I still use this?

I thought the K1 would be best until I read you can't work until a long time after I move there?

Which visa should I apply for? I need one that will take about a year to approve because I can't move there any sooner, but it allows me to travel back and forth every month to visit him until the approval (which is what we are doing now) and will get me working the fastest after I move there? I also need it to allow me to travel back into Canada after its all approved in case we decide to keep my business and I have to come back for that.

HELP?! :)

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The CR1/IR1 spouse visa sounds like your best bet, given your situation. This process takes about a year or a year and a few months, plus you can stretch it out more at the NVC stage. You would have to get married first of course, then you wait out the process in Canada.

You are able to travel while the petition is pending, just be sure you carry proof of your ties to Canada for POE since having a pending petition can cause further questioning.

With a spouse visa, you will be an LPR upon entry, therefore you are able to travel and work right away.

Here is some info about the spouse visa and the comparison with other visas:

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

http://www.visajourney.com/content/i130guide1


This does not constitute legal advice.

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Ian has it right. You can also slow down that process if you need to. However you're running into some complicated tax issues when you own homes and businesses in Canada and live in the USA. Just an FYI. It doesn't get any simpler for the USC to move to Canada either however because they have to file US taxes for their entire life, no matter where they live in the world, unless they make under the threshold to file.

Anyhow,

the spousal visa is the one you want but you can't file until after marriage. :)


You have brains in your head. You have feet in your shoes. You can steer yourself any direction you choose.  - Dr. Seuss

 

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By the way, you can also get married in Canada, the US, or wherever else you want.


This does not constitute legal advice.

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Filed: K-1 Visa Country: Spain
Timeline

Since you want to work immediately after arriving I would suggest getting married first and file the spousal visa. Especially since you do not have any intention of being here for at least a year, but want to work immediately. Still, timing-wise, you would want to marry in the next few months (later if you are OK with arriving later).


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Filed: Country: Canada
Timeline

Great, thanks for the tips everyone! I think we will get married very soon now that we know this information.

I know I've read that if you get married while on a "travel" visa that's illegal? I have a Nexus card so I rarely talk to the customs officers anyways, but I don't want to do something that could potentially take away my card. Thoughts?

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It is not illegal to get married while you're on a tourist visa, or while visiting the US.


This does not constitute legal advice.

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if you want to get married in the US while on a travel / visitors visa thats fine, the issue comes when people then decide to stay. Get married wherever you want then file spouse visa,go back to canada, then when you finally enter the US with your visa you will get GC pretty much straightaway.

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Hi everyone! I'm a newbie here and really could use some advice! I have been reading lots of other posts but still am very confused based on my situation.

I am Canadian and my fiancé is American. We have been on and off for over 10 years and finally decided we want to get married and I will be moving to the US. I am confused which visa to apply because we are not looking to rush this. We are both business owners, his business is in the US while mine is in Canada. I still have to figure out what I'm doing with my business and my houses here in Canada before I can move there, so ultimately I don't want to move there until next Sept 2015 (at the earliest). I also want to be able to work immediately (or as soon as possible) after I move to the US. I already have an American social # because I went to university in the states (that's how we met) but it doesn't allow me to work there. Can I still use this?

I thought the K1 would be best until I read you can't work until a long time after I move there?

Which visa should I apply for? I need one that will take about a year to approve because I can't move there any sooner, but it allows me to travel back and forth every month to visit him until the approval (which is what we are doing now) and will get me working the fastest after I move there? I also need it to allow me to travel back into Canada after its all approved in case we decide to keep my business and I have to come back for that.

HELP?! :)

CR-1

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No problem with getting married on a tourist visa, you just have to convince the POE guard that you intend to leave after the wedding as per your visitor visa.

It is fraudulent to enter on a visitor visa if you intend to change residential status, for example, enter, get married, then apply for adjustment of status as a spouse,

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Once you are a green card holder (lawful permanent resident) you can travel outside of the US for business/vacation but you must maintain your primary residence as the US (or you will be considered to have abandoned your green card). You will only have absolute freedom to travel out of the US for extended periods once you are a citizen.

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