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Hello all I'm writing to find out a few things regarding a CR-1 spousal visa. My girlfriend and I are thinking this is what we want to do.

She lives in Canada and I live in the states. We met when she was here on a student visa but it's expiring in a few days so our plan is this:

She moves back home.

I propose and she comes to the states and we legally get married.

She them immediately leaves and goes back to Canada.

We then start the CR-1 process and plan an actual religious ceremony.

Once we get her 2 yr green card, we have the actually religious ceremony with friends and family.

My questions are,

Is it a bad idea for her to just come visit without a visa or anything and we marry? Our intent is to immediately have her leave to start the visa process so we wouldn't be commuting fraud right?

Also, would she be allowed to visit me wile this whole process is taking place? And would i be able to visit her freely as well?

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It is perfectly fine for her to come over here and get marry and go back to Canada while waiting on the visa to be process, That is not fraud, as she has no intent to immigrate on a tourist visa. Fraud will be if she came over ,married you and stay in the USA and adjust status . In that case the purpose of the tourist visa would been to migrate, which is fraud

Also there will be no problems for you two to visit each other, while waiting on the Visa process. There are lots of members on here from Canada that are very helpful. that might have better answers and offer other suggestions then what I Provided

Edited by j&ana

ROC
Service Center : Nebraska Service Center
Consulate : Manila, Philippines
Marriage (if applicable): 2014-05-20
I-130 Sent : 2014-10-06
I-130 NOA1 : 2014-10-09
I-130 RFE for NSO copy of marriage certificate: 2014-11-03
I-130 RFE Sent : 2014-11-18
I-130 Approved : 2014-12-07
NVC Received : 2014-12-23
NVC case number: 2015-02-04
Received DS-261 / AOS Bill : 2015-02-04
Pay AOS Bill : 2015-02-05
Submit DS-261 : 2015-02-05
Sent AOS Package : 2015-02-09
Sent IV Package : 2015-02-09
Scan date : 2015-02-10
Receive IV Bill : 2015-03-03
Pay IV Bill : 2015-03-06
Submit DS-260: 2015-3-12
Case Completed at NVC : 2015-03-20
Receive Instruction and Interview appointment letter: 2015-3-27
Medical complete: 2015-04-08
Interview Date : 2015-05-08
Interview Result : Approved
Visa Received : 2015-05-13

Date of US Entry : 2015-06-09
 

Date of Social Security card receive : 06-2015

Date of Green Card received 07-2015

Date of ROC FILE 05-19-2017

 I-751 NOA Date 05-26-2017

   

http://jerryjja.wix.com/filipinasaswa?_ga=1.194674661.91538870.1441656248

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It is perfectly fine for her to come over here and get marry and go back to Canada while waiting on the visa to be process, That is not fraud, as she has no intent to immigrate on a tourist visa. Fraud will be if she came over ,married you and stay in the USA and adjust status . In that case the purpose of the tourist visa would been to migrate, which is fraud

Also there will be no problems for you two to visit each other.

Thank you j&anna!

Does this seem like the right route to go? I feel like a k1 is a waste of time and money and will cost more in the long run. A CR-1 seems like it covers everything we want and you Get your green card when all is said and done. You have to go through many more steps to get your PR with. K1 right?.

This whole thing is very intimidating and at times seems impossible lol. I'm clueless about this stuff. I just know I love my gf and we want to be married haha

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In your case. I will do the CR-1 visa also. The K-1 fiancé visa is faster, but yes you will have to do more stuff later once she is in the USA and after you are married to be legal residence. With the CR-1 visa she will be Legal residence once she is in the USA . Since Canada is not that far away, you should be able to see other quite often while waiting on the visa


ROC
Service Center : Nebraska Service Center
Consulate : Manila, Philippines
Marriage (if applicable): 2014-05-20
I-130 Sent : 2014-10-06
I-130 NOA1 : 2014-10-09
I-130 RFE for NSO copy of marriage certificate: 2014-11-03
I-130 RFE Sent : 2014-11-18
I-130 Approved : 2014-12-07
NVC Received : 2014-12-23
NVC case number: 2015-02-04
Received DS-261 / AOS Bill : 2015-02-04
Pay AOS Bill : 2015-02-05
Submit DS-261 : 2015-02-05
Sent AOS Package : 2015-02-09
Sent IV Package : 2015-02-09
Scan date : 2015-02-10
Receive IV Bill : 2015-03-03
Pay IV Bill : 2015-03-06
Submit DS-260: 2015-3-12
Case Completed at NVC : 2015-03-20
Receive Instruction and Interview appointment letter: 2015-3-27
Medical complete: 2015-04-08
Interview Date : 2015-05-08
Interview Result : Approved
Visa Received : 2015-05-13

Date of US Entry : 2015-06-09
 

Date of Social Security card receive : 06-2015

Date of Green Card received 07-2015

Date of ROC FILE 05-19-2017

 I-751 NOA Date 05-26-2017

   

http://jerryjja.wix.com/filipinasaswa?_ga=1.194674661.91538870.1441656248

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Thank you j&anna!

Does this seem like the right route to go? I feel like a k1 is a waste of time and money and will cost more in the long run. A CR-1 seems like it covers everything we want and you Get your green card when all is said and done. You have to go through many more steps to get your PR with. K1 right?.

This whole thing is very intimidating and at times seems impossible lol. I'm clueless about this stuff. I just know I love my gf and we want to be married haha

What you've suggested sounds right, but she will need to go back to Canada and not stay and adjust.

K1 vs CR1 for people who aren't already married really just depends on your circumstances. For you--because of the relative proximity of Canada and the ease Canadians have coming back and forth, even with immigrant petitions pending, sure that makes a lot of sense. Especially if you'll need her to legal to work as soon as she arrives.

For others (myself), my fiance lives far enough away and I have limited time off work and money to travel to visit as frequently as I'd like. And, as is the case with most foreign significant others, he is unable to visit me here--they really don't give out visitor's visas easily especially not to significant others of US citizens (Canadians and citizens of visa waiver countries are really, REALLY lucky in this regard). Plus, I am in a position where I could support the two of us, without him working, for a good long time, if not forever (we'll never get rich that way, but we'd be able to live just fine). So for the two of us, and many others, this is how we get to be together faster, save money on visits and save money by not needing to pay for two apartments, two cable bills etc etc. CR1 would be a waste of time and money for us. Everyone is different.


Marriage/ AOS Timeline:

23 Dec 2015: Legal marriage

23 Jan 2016: Wedding!

23 Jan 2016: "Blizzard of the Century", wedding canceled/rescheduled (thank goodness we were legally married first or we'd have had a big problem!) :sleepy:

24 Jan 2016: Small "civil ceremony" with friends and family who were snowed in with us. December was a bit of a secret and people had traveled internationally and knew we *had* to get married that weekend, and our December legal marriage was nothing but signing a piece of paper at our priest's kitchen table, without any sort of vows etc so this was actually a very special (if not legally significant) day. (L)

16 Apr 2016: Filed for AOS and EAD/AP (We delayed a bit-- no big rush, enjoying the USCIS break)

23 Apr 2016: Wedding! Finally! :luv:

27 Apr 2016: Electronic NOA1 for all 3 :dancing:
29 Apr 2016: NOA1 Hardcopy for all 3
29 Jul 2016: Online service request for late EAD (Day 104)
29 Jul 2016: EAD/AP Approved ~3 hours after online service request
04 Aug 2016: RFE for Green Card (requested medicals/ vaccination record. They already have it). :ranting:
05 Aug 2016: EAD/AP Combo Card arrived! (Day 111)
08 Aug 2016: Congressional constituent request to get guidance on the RFE. Hoping they see they have the form and approve!

K-1 Visa Timeline:

PLEASE NOTE. This timeline was during the period of time when TSC was working on I-129fs and had a huge backlog. The average processing time was 210+ days. This is in no way predictive of your own timeline if you filed during or after April 2015, unless CSC develops a backlog. A backlog is anything above the 5-month goal time listed on USCIS's site

14 Feb 2015: Mailed I-129f to Dallas Lockbox. (L) (Most expensive Valentine's card I've ever sent!)

17 Feb 2015: NOA1 "Received Date"
19 Feb 2015: NOA1 Notice Date
08 Aug 2015: NOA2 email! :luv: (173 days from NOA1)

17 Aug 2015: Sent to NVC

?? Aug 2015: Arrived at NVC

25 Aug 2015: NVC Case # Assigned

31 Aug 2015: Left NVC for Consulate in San Jose

09 Sep 2015: Consulate received :dancing: (32 days from NOA2)

11 Sep 2015: Packet 3 emailed from embassy to me, the petitioner (34 days from NOA2).

18 Sep 2015: Medicals complete

21 Sep 2015: Packet 3 complete, my boss puts a temporary moratorium on all time off due to work emergency :clock:

02 Oct 2015: Work emergency clears up, interview scheduled (soonest available was 5 business days away--Columbus Day was in there)

13 Oct 2015: Interview

13 Oct 2015: VISA APPROVED :thumbs: (236 days from NOA1)

19 Oct 2015: Visa-in-hand

24 Oct 2015: POE !

15 Dec 2015: Fiance's mother's B-2 visa interview: APPROVED! So happy she will be at the wedding! :thumbs:

!

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What you've suggested sounds right, but she will need to go back to Canada and not stay and adjust.

K1 vs CR1 for people who aren't already married really just depends on your circumstances. For you--because of the relative proximity of Canada and the ease Canadians have coming back and forth, even with immigrant petitions pending, sure that makes a lot of sense. Especially if you'll need her to legal to work as soon as she arrives.

For others (myself), my fiance lives far enough away and I have limited time off work and money to travel to visit as frequently as I'd like. And, as is the case with most foreign significant others, he is unable to visit me here--they really don't give out visitor's visas easily especially not to significant others of US citizens (Canadians and citizens of visa waiver countries are really, REALLY lucky in this regard). Plus, I am in a position where I could support the two of us, without him working, for a good long time, if not forever (we'll never get rich that way, but we'd be able to live just fine). So for the two of us, and many others, this is how we get to be together faster, save money on visits and save money by not needing to pay for two apartments, two cable bills etc etc. CR1 would be a waste of time and money for us. Everyone is different.

I see. Sorry this may sound dumb. So she doesn't need any visa at all to visit back and fourth from Canada? And other. And the US requires visas from other countries? Even if they are visiting for a birthday or a short amount of time?

Also I heard that at the boarder she needs to prove that she has ties back in Canada so they don't shink she is going to stay in the USA. Well she lives with her parents and works for her dad unofficially so idk what she could present to prove she isn't going to stay here when she visits

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I see. Sorry this may sound dumb. So she doesn't need any visa at all to visit back and fourth from Canada? And other. And the US requires visas from other countries? Even if they are visiting for a birthday or a short amount of time?

Also I heard that at the boarder she needs to prove that she has ties back in Canada so they don't shink she is going to stay in the USA. Well she lives with her parents and works for her dad unofficially so idk what she could present to prove she isn't going to stay here when she visits

Well, she gets some sort of something at the boarder (right?--anyone else know Canada stuff) but no, she doesn't need a visa-- not in the sense we're talking about. And yes :(. Big time yes. The US requires people from most of the countries in the world to have a visa *before* arrival at the boarder--even to visit to go to Disneyworld, or go to a friend's wedding, or a short visit, anything.... and, believe it or not, even to change planes at JFK on the way to a different country. Seriously.

The way you get these visas is to figure out which one you need (most are B1 or B2--business or tourism--which includes visiting), fill out an application, pay $160, wait several weeks or several months for your appointment, travel to the nearest US consulate (which, if you're *really* unlucky, may not even be in your own country) for an interview in which you have roughly 3 minutes to convince the guy on the other side of the DMV-like counter that you do not intend to immigrate to America. If they say no, you don't get your $160 back and you don't get to appeal. You can apply again, though, for another $160. They mostly deny the significant others of US Citizens because that is a red flag for intention to immigrate.

There are 30-some countries in the world whose citizens don't need to go through this---mostly Western Europe, Australia and New Zealand and Japan and Korea. They can come over 90 days at a time, getting a visa at the boarder. Canada is a special class all on its own--is considered "visa exempt".

There is a chance that they'll deny her at the border---but it's not likely just as long as she never has (and does not) abuse the privilege. Don't stay too long, don't cross too many times, show that with each entry into the US, you intend to return to Canada (a lease or contract with an employer could help). This Canada-specific forum should help. http://www.visajourney.com/forums/forum/93-canada/ Ireally don't know anything about the Canadian specific concerns other than to be pretty jealous of them :( (except YAY for me...Costa Rica is not too shabby of a place to visit and eventually own property and have residency....so I'm looking forward to that aspect of it :) )

Edited by CatherineA

Marriage/ AOS Timeline:

23 Dec 2015: Legal marriage

23 Jan 2016: Wedding!

23 Jan 2016: "Blizzard of the Century", wedding canceled/rescheduled (thank goodness we were legally married first or we'd have had a big problem!) :sleepy:

24 Jan 2016: Small "civil ceremony" with friends and family who were snowed in with us. December was a bit of a secret and people had traveled internationally and knew we *had* to get married that weekend, and our December legal marriage was nothing but signing a piece of paper at our priest's kitchen table, without any sort of vows etc so this was actually a very special (if not legally significant) day. (L)

16 Apr 2016: Filed for AOS and EAD/AP (We delayed a bit-- no big rush, enjoying the USCIS break)

23 Apr 2016: Wedding! Finally! :luv:

27 Apr 2016: Electronic NOA1 for all 3 :dancing:
29 Apr 2016: NOA1 Hardcopy for all 3
29 Jul 2016: Online service request for late EAD (Day 104)
29 Jul 2016: EAD/AP Approved ~3 hours after online service request
04 Aug 2016: RFE for Green Card (requested medicals/ vaccination record. They already have it). :ranting:
05 Aug 2016: EAD/AP Combo Card arrived! (Day 111)
08 Aug 2016: Congressional constituent request to get guidance on the RFE. Hoping they see they have the form and approve!

K-1 Visa Timeline:

PLEASE NOTE. This timeline was during the period of time when TSC was working on I-129fs and had a huge backlog. The average processing time was 210+ days. This is in no way predictive of your own timeline if you filed during or after April 2015, unless CSC develops a backlog. A backlog is anything above the 5-month goal time listed on USCIS's site

14 Feb 2015: Mailed I-129f to Dallas Lockbox. (L) (Most expensive Valentine's card I've ever sent!)

17 Feb 2015: NOA1 "Received Date"
19 Feb 2015: NOA1 Notice Date
08 Aug 2015: NOA2 email! :luv: (173 days from NOA1)

17 Aug 2015: Sent to NVC

?? Aug 2015: Arrived at NVC

25 Aug 2015: NVC Case # Assigned

31 Aug 2015: Left NVC for Consulate in San Jose

09 Sep 2015: Consulate received :dancing: (32 days from NOA2)

11 Sep 2015: Packet 3 emailed from embassy to me, the petitioner (34 days from NOA2).

18 Sep 2015: Medicals complete

21 Sep 2015: Packet 3 complete, my boss puts a temporary moratorium on all time off due to work emergency :clock:

02 Oct 2015: Work emergency clears up, interview scheduled (soonest available was 5 business days away--Columbus Day was in there)

13 Oct 2015: Interview

13 Oct 2015: VISA APPROVED :thumbs: (236 days from NOA1)

19 Oct 2015: Visa-in-hand

24 Oct 2015: POE !

15 Dec 2015: Fiance's mother's B-2 visa interview: APPROVED! So happy she will be at the wedding! :thumbs:

!

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Well, she gets some sort of something at the boarder (right?--anyone else know Canada stuff) but no, she doesn't need a visa-- not in the sense we're talking about. And yes :(. Big time yes. The US requires people from most of the countries in the world to have a visa *before* arrival at the boarder--even to visit to go to Disneyworld, or go to a friend's wedding, or a short visit, anything.... and, believe it or not, even to change planes at JFK on the way to a different country. Seriously.

The way you get these visas is to figure out which one you need (most are B1 or B2--business or tourism--which includes visiting), fill out an application, pay $160, wait several weeks or several months for your appointment, travel to the nearest US consulate (which, if you're *really* unlucky, may not even be in your own country) for an interview in which you have roughly 3 minutes to convince the guy on the other side of the DMV-like counter that you do not intend to immigrate to America. If they say no, you don't get your $160 back and you don't get to appeal. You can apply again, though, for another $160. They mostly deny the significant others of US Citizens because that is a red flag for intention to immigrate.

There are 30-some countries in the world whose citizens don't need to go through this---mostly Western Europe, Australia and New Zealand and Japan and Korea. They can come over 90 days at a time, getting a visa at the boarder. Canada is a special class all on its own--is considered "visa exempt".

There is a chance that they'll deny her at the border---but it's not likely just as long as she never has (and does not) abuse the privilege. Don't stay too long, don't cross too many times, show that with each entry into the US, you intend to return to Canada (a lease or contract with an employer could help). This Canada-specific forum should help. http://www.visajourney.com/forums/forum/93-canada/ Ireally don't know anything about the Canadian specific concerns other than to be pretty jealous of them :( (except YAY for me...Costa Rica is not too shabby of a place to visit and eventually own property and have residency....so I'm looking forward to that aspect of it :) )

Wow! That's crazy!! I guess I should consider myself lucky that I fell in love with a Canadian. Maybe there is no difference at all but I feel like trying to get PR for a Canadian spouse is easier than some other countries. You think the process is any faster? You know sense they seem pretty lenient and they are our allies and our sister country? Haha that's probably irrelevant!

Also she wants to go to beauty school up there so she can be a hairdresser in the states. That school is 9 months so it seems kind of like a 2 for 1 If we start the process while she is in school since we have to wait anyways! Does this seem wise?

Edited by Jrozzler

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Wow! That's crazy!! I guess I should consider myself lucky that I fell in love with a Canadian. Maybe there is no difference at all but I feel like trying to get PR for a Canadian spouse is easier than some other countries. You think the process is any faster? You know sense they seem pretty lenient and they are our allies and our sister country? Haha that's probably irrelevant!

Also she wants to go to beauty school up there so she can be a hairdresser in the states. That school is 9 months so it seems kind of like a 2 for 1 If we start the process while she is in school since we have to wait anyways! Does this seem wise?

Yep, very lucky re: Canadian. And yep, it's basically cruel what they do to non-visa waiver country foreign significant others.

Sadly, no. The line is what it is--a line. And you get in it based on when you submitted your application. Maybe the actually time they take to say "yes" is quicker (they won't need further background checks, or more information, or an in-person interview) but the line to have your application looked at is what the bulk of the waiting period is and that is simply just a line. Is there any way that she can go to school here and apply for a student visa? I don't know the 100% legality of this (coming on a student visa with the intention to marry and stay could be a problem) or if they give student visas for beauty school, though. Where is she right now?


Marriage/ AOS Timeline:

23 Dec 2015: Legal marriage

23 Jan 2016: Wedding!

23 Jan 2016: "Blizzard of the Century", wedding canceled/rescheduled (thank goodness we were legally married first or we'd have had a big problem!) :sleepy:

24 Jan 2016: Small "civil ceremony" with friends and family who were snowed in with us. December was a bit of a secret and people had traveled internationally and knew we *had* to get married that weekend, and our December legal marriage was nothing but signing a piece of paper at our priest's kitchen table, without any sort of vows etc so this was actually a very special (if not legally significant) day. (L)

16 Apr 2016: Filed for AOS and EAD/AP (We delayed a bit-- no big rush, enjoying the USCIS break)

23 Apr 2016: Wedding! Finally! :luv:

27 Apr 2016: Electronic NOA1 for all 3 :dancing:
29 Apr 2016: NOA1 Hardcopy for all 3
29 Jul 2016: Online service request for late EAD (Day 104)
29 Jul 2016: EAD/AP Approved ~3 hours after online service request
04 Aug 2016: RFE for Green Card (requested medicals/ vaccination record. They already have it). :ranting:
05 Aug 2016: EAD/AP Combo Card arrived! (Day 111)
08 Aug 2016: Congressional constituent request to get guidance on the RFE. Hoping they see they have the form and approve!

K-1 Visa Timeline:

PLEASE NOTE. This timeline was during the period of time when TSC was working on I-129fs and had a huge backlog. The average processing time was 210+ days. This is in no way predictive of your own timeline if you filed during or after April 2015, unless CSC develops a backlog. A backlog is anything above the 5-month goal time listed on USCIS's site

14 Feb 2015: Mailed I-129f to Dallas Lockbox. (L) (Most expensive Valentine's card I've ever sent!)

17 Feb 2015: NOA1 "Received Date"
19 Feb 2015: NOA1 Notice Date
08 Aug 2015: NOA2 email! :luv: (173 days from NOA1)

17 Aug 2015: Sent to NVC

?? Aug 2015: Arrived at NVC

25 Aug 2015: NVC Case # Assigned

31 Aug 2015: Left NVC for Consulate in San Jose

09 Sep 2015: Consulate received :dancing: (32 days from NOA2)

11 Sep 2015: Packet 3 emailed from embassy to me, the petitioner (34 days from NOA2).

18 Sep 2015: Medicals complete

21 Sep 2015: Packet 3 complete, my boss puts a temporary moratorium on all time off due to work emergency :clock:

02 Oct 2015: Work emergency clears up, interview scheduled (soonest available was 5 business days away--Columbus Day was in there)

13 Oct 2015: Interview

13 Oct 2015: VISA APPROVED :thumbs: (236 days from NOA1)

19 Oct 2015: Visa-in-hand

24 Oct 2015: POE !

15 Dec 2015: Fiance's mother's B-2 visa interview: APPROVED! So happy she will be at the wedding! :thumbs:

!

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Fellow Canuck chiming in :)

First off, congrats!!

When hubby and I were dating and later engaged we had no problems crossing the board (driving) going wither way. The day of our small wedding I was honest with the US Border Patrol and she looked through my car to be sure I was not bringing all of my meager worldly goods. Just in case (and on the wise advice of others here) I had with me ties back to Canada - letter from employer, daycare receipts, rental contract, bank statements, and such to show that yes I still have commitments back in Canada. She congratulated me, told my girls they'll be beautiful in the blue dresses we had, and sent us on our way..... took maybe 2 or 3 minutes.

Since then we have filed our I-130's for the CR-1 visas (for myself and my 2 daughters). I still cross very frequently (by the way apply for the Nexus - it's a huge time saver).... but I still carry with me the ties to Canada and now I carry copies of all our filed paperwork. **knock wood** I've not had to provide it yet, and usually there are no extra questions (I think I'm finally classified a regular when I get the same Guards every weekend ;) )

The shock for my husband and I was that being a Canadian does not get us through the processing any faster or slower than anyone else :P We started this process in August 2014 and are expecting 10-12 months at the best case scenario.

Do A LOT of reading here on the VJ site as there is so much information. Mostly, be prepared to be patient like you never have been before!!

Best wishes!!


Met in the SCA - DRACO INVICTUS!  08-14-2014 Married in Ann Arbor, MI

Spoiler

 

USCIS.... DONE  in 150 day from NOA1 to NOA2 (TSC)

NVC... DONE  in 116 days from NOA2 to final CC

Final Steps... DONE in 350 days from NOA1 to POE
POE 08-11-2015 in Detroit, MI 

 

 

 

 

Removal of Conditions

07-11-2017 NOA1 date (rec'd on 14th)

08-03-2017 Daughter and I completed biometrics; May 2018 - I had to redo my biometrics (reason unknown)

WAC17283xxxxx....and we wait...400 days

07-13-2018 I-551 extension stamp (12 mths) obtained at USCIS office in Detroit

09-20-2018 Transferred to TSC

10-15-2018 Text notification "New Card Being Produced"   YAY!!

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Hello all I'm writing to find out a few things regarding a CR-1 spousal visa. My girlfriend and I are thinking this is what we want to do.

She lives in Canada and I live in the states. We met when she was here on a student visa but it's expiring in a few days so our plan is this:

She moves back home.

I propose and she comes to the states and we legally get married.

She them immediately leaves and goes back to Canada.

We then start the CR-1 process and plan an actual religious ceremony.

Once we get her 2 yr green card, we have the actually religious ceremony with friends and family.

My questions are,

Is it a bad idea for her to just come visit without a visa or anything and we marry? Our intent is to immediately have her leave to start the visa process so we wouldn't be commuting fraud right?

Also, would she be allowed to visit me wile this whole process is taking place? And would i be able to visit her freely as well?

I just saw this. Um....if you guys are serious about this marriage thing, you could do it (quickly!) before that visa expires and apply to adjust status. While a student visa isn't a visa that is supposed to be used for marriage and immigration, things do happen and that's allowed as long as it's bona fide---as long as what really happened is as you described. Her going back home is what will basically force you to use the K1 or the CR1. But if you got married, say, tomorrow and filled out the AOS paperwork, she'd be legal to stay while they process it, until her green card. You can also apply for EAD--Employment Authorization Document which usually arrives much quicker than the green card, which (as you can guess) gives her permission to work.


Marriage/ AOS Timeline:

23 Dec 2015: Legal marriage

23 Jan 2016: Wedding!

23 Jan 2016: "Blizzard of the Century", wedding canceled/rescheduled (thank goodness we were legally married first or we'd have had a big problem!) :sleepy:

24 Jan 2016: Small "civil ceremony" with friends and family who were snowed in with us. December was a bit of a secret and people had traveled internationally and knew we *had* to get married that weekend, and our December legal marriage was nothing but signing a piece of paper at our priest's kitchen table, without any sort of vows etc so this was actually a very special (if not legally significant) day. (L)

16 Apr 2016: Filed for AOS and EAD/AP (We delayed a bit-- no big rush, enjoying the USCIS break)

23 Apr 2016: Wedding! Finally! :luv:

27 Apr 2016: Electronic NOA1 for all 3 :dancing:
29 Apr 2016: NOA1 Hardcopy for all 3
29 Jul 2016: Online service request for late EAD (Day 104)
29 Jul 2016: EAD/AP Approved ~3 hours after online service request
04 Aug 2016: RFE for Green Card (requested medicals/ vaccination record. They already have it). :ranting:
05 Aug 2016: EAD/AP Combo Card arrived! (Day 111)
08 Aug 2016: Congressional constituent request to get guidance on the RFE. Hoping they see they have the form and approve!

K-1 Visa Timeline:

PLEASE NOTE. This timeline was during the period of time when TSC was working on I-129fs and had a huge backlog. The average processing time was 210+ days. This is in no way predictive of your own timeline if you filed during or after April 2015, unless CSC develops a backlog. A backlog is anything above the 5-month goal time listed on USCIS's site

14 Feb 2015: Mailed I-129f to Dallas Lockbox. (L) (Most expensive Valentine's card I've ever sent!)

17 Feb 2015: NOA1 "Received Date"
19 Feb 2015: NOA1 Notice Date
08 Aug 2015: NOA2 email! :luv: (173 days from NOA1)

17 Aug 2015: Sent to NVC

?? Aug 2015: Arrived at NVC

25 Aug 2015: NVC Case # Assigned

31 Aug 2015: Left NVC for Consulate in San Jose

09 Sep 2015: Consulate received :dancing: (32 days from NOA2)

11 Sep 2015: Packet 3 emailed from embassy to me, the petitioner (34 days from NOA2).

18 Sep 2015: Medicals complete

21 Sep 2015: Packet 3 complete, my boss puts a temporary moratorium on all time off due to work emergency :clock:

02 Oct 2015: Work emergency clears up, interview scheduled (soonest available was 5 business days away--Columbus Day was in there)

13 Oct 2015: Interview

13 Oct 2015: VISA APPROVED :thumbs: (236 days from NOA1)

19 Oct 2015: Visa-in-hand

24 Oct 2015: POE !

15 Dec 2015: Fiance's mother's B-2 visa interview: APPROVED! So happy she will be at the wedding! :thumbs:

!

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to add...... what State are you from, what province is she in??

There are only about 5 panel physicians able to do the medical and three of them are in Toronto..... Montreal is the only consulate in Canada that processes spousal visas. It's the very last step, so if you need to factor in travel to these cities in your long term budgeting..... I'm in Southern Ontario so getting to Toronto won't be too bad (about a 3 hour drive) and we are planning on taking the train to Montreal which is a lovely trip.....


Met in the SCA - DRACO INVICTUS!  08-14-2014 Married in Ann Arbor, MI

Spoiler

 

USCIS.... DONE  in 150 day from NOA1 to NOA2 (TSC)

NVC... DONE  in 116 days from NOA2 to final CC

Final Steps... DONE in 350 days from NOA1 to POE
POE 08-11-2015 in Detroit, MI 

 

 

 

 

Removal of Conditions

07-11-2017 NOA1 date (rec'd on 14th)

08-03-2017 Daughter and I completed biometrics; May 2018 - I had to redo my biometrics (reason unknown)

WAC17283xxxxx....and we wait...400 days

07-13-2018 I-551 extension stamp (12 mths) obtained at USCIS office in Detroit

09-20-2018 Transferred to TSC

10-15-2018 Text notification "New Card Being Produced"   YAY!!

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I just saw this. Um....if you guys are serious about this marriage thing, you could do it (quickly!) before that visa expires and apply to adjust status. While a student visa isn't a visa that is supposed to be used for marriage and immigration, things do happen and that's allowed as long as it's bona fide---as long as what really happened is as you described. Her going back home is what will basically force you to use the K1 or the CR1. But if you got married, say, tomorrow and filled out the AOS paperwork, she'd be legal to stay while they process it, until her green card. You can also apply for EAD--Employment Authorization Document which usually arrives much quicker than the green card, which (as you can guess) gives her permission to work.

My only concern with going this route would be to look into if she can cross back into Canada while doing the adjustment of status or would she need to (thinking about things like ~heaven forbid~ a family member back home gets ill....) or are there enough resources available to support her until she gets the AOS and can work too.....

For me, I needed to be able to cross the border so we went CR1 instead of K1....


Met in the SCA - DRACO INVICTUS!  08-14-2014 Married in Ann Arbor, MI

Spoiler

 

USCIS.... DONE  in 150 day from NOA1 to NOA2 (TSC)

NVC... DONE  in 116 days from NOA2 to final CC

Final Steps... DONE in 350 days from NOA1 to POE
POE 08-11-2015 in Detroit, MI 

 

 

 

 

Removal of Conditions

07-11-2017 NOA1 date (rec'd on 14th)

08-03-2017 Daughter and I completed biometrics; May 2018 - I had to redo my biometrics (reason unknown)

WAC17283xxxxx....and we wait...400 days

07-13-2018 I-551 extension stamp (12 mths) obtained at USCIS office in Detroit

09-20-2018 Transferred to TSC

10-15-2018 Text notification "New Card Being Produced"   YAY!!

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My only concern with going this route would be to look into if she can cross back into Canada while doing the adjustment of status or would she need to (thinking about things like ~heaven forbid~ a family member back home gets ill....) or are there enough resources available to support her until she gets the AOS and can work too.....

For me, I needed to be able to cross the border so we went CR1 instead of K1....

Do they do AP for Canadians? I'm really out of my realm here with the Canada-specific stuff. All the rest would be up to OP and the girlfriend. What can they afford, what risks are they willing to take etc.

Jrozzler: your choices and the "risks" here are:

(1) If you marry and adjust, she may not be legal to work for 4 or so months (PLEASE check current processing times before making a decision, I have no idea what they are right now, that is a process I will never go through) and she may not be able to leave the US until her green card arrives (currently running at over a year's wait)--even for sick relatives and birthdays and such. Unless Canadians can get "Advance Parole" which is permission to re-enter the US while a green card is processing (which again, seek Canada specific advice). Note: they CAN still refuse entry at the border even with AP.

(2) If she leaves when the current visa expires, you'll have to go CR1 or K1 route which, with current processing times, would be at least 6 months of a commuter relationship (for K1---some are taking 9) or at least 14 months for CR1---without a guarantee they'll let her in at the border each time (although Christina and other Canadians can give you a MUCH better picture than I can about how likely/unlikely that is).


Marriage/ AOS Timeline:

23 Dec 2015: Legal marriage

23 Jan 2016: Wedding!

23 Jan 2016: "Blizzard of the Century", wedding canceled/rescheduled (thank goodness we were legally married first or we'd have had a big problem!) :sleepy:

24 Jan 2016: Small "civil ceremony" with friends and family who were snowed in with us. December was a bit of a secret and people had traveled internationally and knew we *had* to get married that weekend, and our December legal marriage was nothing but signing a piece of paper at our priest's kitchen table, without any sort of vows etc so this was actually a very special (if not legally significant) day. (L)

16 Apr 2016: Filed for AOS and EAD/AP (We delayed a bit-- no big rush, enjoying the USCIS break)

23 Apr 2016: Wedding! Finally! :luv:

27 Apr 2016: Electronic NOA1 for all 3 :dancing:
29 Apr 2016: NOA1 Hardcopy for all 3
29 Jul 2016: Online service request for late EAD (Day 104)
29 Jul 2016: EAD/AP Approved ~3 hours after online service request
04 Aug 2016: RFE for Green Card (requested medicals/ vaccination record. They already have it). :ranting:
05 Aug 2016: EAD/AP Combo Card arrived! (Day 111)
08 Aug 2016: Congressional constituent request to get guidance on the RFE. Hoping they see they have the form and approve!

K-1 Visa Timeline:

PLEASE NOTE. This timeline was during the period of time when TSC was working on I-129fs and had a huge backlog. The average processing time was 210+ days. This is in no way predictive of your own timeline if you filed during or after April 2015, unless CSC develops a backlog. A backlog is anything above the 5-month goal time listed on USCIS's site

14 Feb 2015: Mailed I-129f to Dallas Lockbox. (L) (Most expensive Valentine's card I've ever sent!)

17 Feb 2015: NOA1 "Received Date"
19 Feb 2015: NOA1 Notice Date
08 Aug 2015: NOA2 email! :luv: (173 days from NOA1)

17 Aug 2015: Sent to NVC

?? Aug 2015: Arrived at NVC

25 Aug 2015: NVC Case # Assigned

31 Aug 2015: Left NVC for Consulate in San Jose

09 Sep 2015: Consulate received :dancing: (32 days from NOA2)

11 Sep 2015: Packet 3 emailed from embassy to me, the petitioner (34 days from NOA2).

18 Sep 2015: Medicals complete

21 Sep 2015: Packet 3 complete, my boss puts a temporary moratorium on all time off due to work emergency :clock:

02 Oct 2015: Work emergency clears up, interview scheduled (soonest available was 5 business days away--Columbus Day was in there)

13 Oct 2015: Interview

13 Oct 2015: VISA APPROVED :thumbs: (236 days from NOA1)

19 Oct 2015: Visa-in-hand

24 Oct 2015: POE !

15 Dec 2015: Fiance's mother's B-2 visa interview: APPROVED! So happy she will be at the wedding! :thumbs:

!

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Do they do AP for Canadians? I'm really out of my realm here with the Canada-specific stuff. All the rest would be up to OP and the girlfriend. What can they afford, what risks are they willing to take etc.

yeah... but from what I've read it can still take 3-6 months to get.....


Met in the SCA - DRACO INVICTUS!  08-14-2014 Married in Ann Arbor, MI

Spoiler

 

USCIS.... DONE  in 150 day from NOA1 to NOA2 (TSC)

NVC... DONE  in 116 days from NOA2 to final CC

Final Steps... DONE in 350 days from NOA1 to POE
POE 08-11-2015 in Detroit, MI 

 

 

 

 

Removal of Conditions

07-11-2017 NOA1 date (rec'd on 14th)

08-03-2017 Daughter and I completed biometrics; May 2018 - I had to redo my biometrics (reason unknown)

WAC17283xxxxx....and we wait...400 days

07-13-2018 I-551 extension stamp (12 mths) obtained at USCIS office in Detroit

09-20-2018 Transferred to TSC

10-15-2018 Text notification "New Card Being Produced"   YAY!!

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