New member help!!!!

[Jrozzler 17]

So I live in Colorado and she lives in Edmonton, which is in Alberta. Driving is super long so most of our trips would be by plane. And seriously...14 months for a CR1?!! That's ridiculous! I feel like people on this site who have just recently been approved , have taken a lot less time!

So what are the advantages of a k1? Once we are married doesn't she have to leave anyways?

[ChristinaG 91]

from what I remember of the K1, you apply (and that process appears to take awhile to get approved, but less than the CR1) once approved, she crosses into the US, you have 90 days to get married and apply for the adjustment of status. During that time she cannot cross back into Canada otherwise the AOS is abandoned.... and I've seen that take 3-6 months for the AP (Advanced Parole allowing her to cross the border) to come in....

Regardless, the biggest hurdle to get over is understanding that you are not going to be together right away. We have all looked for ways to do that and here we are at various stages of the process.....

Best wishes!!

[Jrozzler 17]

from what I remember of the K1, you apply (and that process appears to take awhile to get approved, but less than the CR1) once approved, she crosses into the US, you have 90 days to get married and apply for the adjustment of status. During that time she cannot cross back into Canada otherwise the AOS is abandoned.... and I've seen that take 3-6 months for the AP (Advanced Parole allowing her to cross the border) to come in....

Regardless, the biggest hurdle to get over is understanding that you are not going to be together right away. We have all looked for ways to do that and here we are at various stages of the process.....

Best wishes!!

Ok so help me understand this. With a k1 I have to wait an x amount of months just for her to get approved and come over and get married. When I can theatrically get married right now and then start the cr1 process. So I don't understand the benefit. Does the whole process through a k1 take less time? That being getting the k1, then filin for an AOS and ultimately getting a green card?

[Ms Hogan 295]

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.....

I'm having a chuckle because I thought the train ride to Montreal would be a "lovely trip" as well... NOT SO MUCH Have you done it before?

[Ms Hogan 295]

So I live in Colorado and she lives in Edmonton, which is in Alberta. Driving is super long so most of our trips would be by plane. And seriously...14 months for a CR1?!! That's ridiculous! I feel like people on this site who have just recently been approved , have taken a lot less time!

So what are the advantages of a k1? Once we are married doesn't she have to leave anyways?

If you do a K1 (fiance) visa then once she comes to the States after approval you have 90 days to get married. BUT she can't just leave and travel back and forth upon arrival and she can't start working right away and there are other hoops to still jump through including adjusting status.

If you already know for sure you're going to get married then I say just go for it. Even though it may take a little longer to get through the process it costs less money and as soon as she is approved and makes the move she will be getting her green card and be able to apply for jobs and travel back and forth to Canada easily.

While going through the process she could very well be rejected access when she tries to cross the border if she cannot prove to the officer that she is returning home. Having a return flight ticket is helpful but she may be asked for more than just that such as ties to a job or a lease etc. But you said she doesn't have those things. Whether engaged or already married though she will likely have the same scrutiny.

The choice is yours really.

Being Canadian does not make the process faster but it is usually a little less awful than a lot of countries because it is a low-fraud country. It doesn't mean you have to do any less work but it is often a lot smoother.

No matter what you choose you will need to be patient and thorough in everything you do! Good luck!

[ChristinaG 91]

I'm having a chuckle because I thought the train ride to Montreal would be a "lovely trip" as well... NOT SO MUCH Have you done it before?

I have as a teen it's a long one, but with 2, maybe 3 kids with us the perks of not dealing with traffic/parking and having bathrooms on board is great!! They each have their own tablets & books and it's broken up (4 hours to Toronto, 1-2 hour layover, then on to Montreal... about 11-12 hours in all) and I'm hoping to time it so they can sleep/nap a good chunk of the way too

compared to that in a car..... **shudder**

[Dualie 185]

It took me 386 days from the time we filed the I-130 until I got the CR1 in my hand. It's a long time, but I was able to visit often. K1 is a little quicker but more costly, and she would have to wait for approval to work and travel. Adjusting from the student visa, as Ms Hogan stated would be fastest, as long as she doesn't need to go to Canada for a while.

There is a lot of help here for whatever you decide to do. Welcome and good luck on your journey, whatever you decide to do!

[Ms Hogan 295]

I have as a teen it's a long one, but with 2, maybe 3 kids with us the perks of not dealing with traffic/parking and having bathrooms on board is great!! They each have their own tablets & books and it's broken up (4 hours to Toronto, 1-2 hour layover, then on to Montreal... about 11-12 hours in all) and I'm hoping to time it so they can sleep/nap a good chunk of the way too

compared to that in a car..... **shudder**

We did it for our interview as well. Same plan because of having a 4 year old and 7 year old with us. We were only going from Toronto though and I thought THAT was a long time. I thought it would be pretty and scenic. But it wasn't. Mind you it was in March which was totally blah!! We were on the regular train though not one with tables, so we had to sit knee to knee most of the way. I had been hoping for a little table area but the train we were on didn't have them. It was great though, as you said, to have bathrooms and not have to stop!! Don't get me wrong, I would not have preferred to drive. It was way better to take the train. I was just bummed by how boring the route was!

[raven52 233]

I am a a supporter of the K-1 route, because it is quicker! And if you would get CSC you could be approved in about 3-4 months.

But, I think your plan is simple and well thought out. It should work fine, and a big congrats to you.

I do find some people that "make too much" out of the AOS after a K-1 marriage. If you follow the guides, and submit your paperwork in a timely manner,

it is very easy, a lot of interviews are waived these days, if your paper work is very good. You would have you AP/EAd in about 50-60

days. And your 2 yr. green card in about 4-5 months.

Your plan is sound, and well planned, and simple. Just consider how long you want to be without being "husband and wife" and depends on where

you live. Just some food for thought.

[Ryan H 3,790]

Moved from IR-1/CR-1 Progress Reports to What Visa Do I Need - Family Based Immigration forum.

[Teddy B 17,251]

If she is still in the US and does not need to return to Canada for anything within the next 3 to 5 months, it would be quicker and easier to get married now in the US and file for her AOS & EAD/AP. This way you will not have to worry about being separated during the process and the traveling back and forth to visit. Once she gets her EAD/AP card she can begin working and traveling across the border. This was the route my wife and I chose and it worked well for us.

You can follow the guide here if you choose this process: http://www.visajourney.com/content/i130guide2

Good Luck and check out the Canada forum as well, you will get more specific answers to your questions there from fellow Canadians and other people who have gone through the process from Canada. Canada is a bit different from most other countries when it comes to immigration. http://www.visajourney.com/forums/forum/93-canada/

[mayfield 23]

If she is still in the US and does not need to return to Canada for anything within the next 3 to 5 months, it would be quicker and easier to get married now in the US and file for her AOS & EAD/AP. This way you will not have to worry about being separated during the process and the traveling back and forth to visit. Once she gets her EAD/AP card she can begin working and traveling across the border. This was the route my wife and I chose and it worked well for us.

You can follow the guide here if you choose this process: http://www.visajourney.com/content/i130guide2

Good Luck and check out the Canada forum as well, you will get more specific answers to your questions there from fellow Canadians and other people who have gone through the process from Canada. Canada is a bit different from most other countries when it comes to immigration. http://www.visajourney.com/forums/forum/93-canada/

I agree with Teddy B, if she is still here why do you want her to go back first, you can either get married and adjust as Teddy has said or get married she goes home and then you file your CR-1, having her go home come back then marry then her go back is an extra step that I feel can be avoided.

Which ever step you decide to take, I wish you all the best and a speedy process

[tocca2015 24]

If your girlfriend is still in the US with you in Colorado, go ahead and get married at the court house and file for her AOS straight away. Then, she will have her EAD and AP in an estimated 2 months and her Green Card withing 6 months (could be faster, some people get it in 2-3 months, I got mine in 4 months).

If you get married and she goes back to Canada and you file for CR-1, you will be separated for 12-14 months. Same for K1, it's pretty long, though not as long but still. Of course, you can visit in between, but that'll be costly due to airfare. And there has been instances of CBP refusing entrance to spouses or fiances of US citizens (yes, including Canadians) because they have stronger ties to the US than Canada.You guys are young, I'm assuming since you're talking about school, so CBP will see her life is more in the US than in Canada...

I personally would not want to be separated from my loved one and spouse for so long. my thoughts to you is, get married now, she stays in Colorado with you, apply for AOS right away, she'll get her Green card within 6 months and perhaps even before, and she will get her EAD in 2-3 months and can stay working or going to school. Once she has her GC in hand, then you can start planning your religious ceremony and you two can freely cross borders together without hassles.

Dont go the CR-1 or K1 route, you'll be sorry because you'll be split up in difference countries for a long while and lets face it, that is unbelievably hard. Why make things hard for yourself! She's already in the US legally on an F1 (student visa, I assume) so you are entitle to adjusting from the US and not being split up.

[Pennycat 880]

Ok so help me understand this. With a k1 I have to wait an x amount of months just for her to get approved and come over and get married. When I can theatrically get married right now and then start the cr1 process. So I don't understand the benefit. Does the whole process through a k1 take less time? That being getting the k1, then filin for an AOS and ultimately getting a green card?

Yes. K1= she goes to Canada, you file, wait any number of months (currently it is varying wildly and is subject to change) to get the visa, then she can come here, then you have 90 days to get married. Then you apply for work authorization, advance parole and green card. Work authorization and advance parole can take about 3 or 4 months (I've recently heard it going up to 6), green cards over a year. She cannot work or travel without work authorization and AP.

CR1= marry in Canada, file, wait any number of months then she can come here, green card ready. The K1 is faster because the green card is processed *after* the foreign national is in the US. It allows you to wait for your green card while you're here. It's more expensive because you pay for the paperwork separately.

Both of these options, it sounds like, will require her to travel to Montreal or Toronto at least once in the process. With both of these options she *should* still be able to visit you while the paperwork is processing but she could be denied at the border. Again, keep it in mind but check with other Canadian couples about how likely this actually is.

Currently, K1s for east coast folks are taking 7 months before the whole thing gets passed on to the embassy. West/west coast is coming in in under 1 month (the difference is the office it is routed to). All of this is subject to change at the drop of a hat. The "normal" average is 4 months across the board, then 1 or 2 for embassy processing. It is entirely possible that the eastern applications speed up while the western ones slow down, so please do not make this decision based on current wait times. CR1s are taking, I believe, an average of 14 months across the board? Anyone else know better than me?

If you just get married *while she is still here with a valid visa*, she doesn't have to go anywhere. She can stay. You still have to go through the adjustment of her status, which is money and paperwork, but there's no visas and no embassies involved. I can't tell you what to do from a relationship standpoint but...your easiest, quickest and least separation immigration option is stay and adjust. Note: as with the K1 option, no working and no authorization to travel until those applications are approved which could take a while. Only you know if this is acceptable.

[Adam & Anne 0]

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).

Yes, Canadians can use Advance Parole. You're right...the border card can deny it at any time, but over all, they are nice and understanding, and we have crossed literally hundreds of times, lol. I commuted to visit my Canadian boyfriend at the time almost every two days because we lived close to the border. We avoided the big city crossings and used Ogdensburg, then Port Huron. Option two sounds like the best. Marry at JP now, then she can stay while you apply for AOS. Meanwhile she will get her EAD card and AP card which should come from what I hear in 90 days.