What option is best for me?

[loveamerica99 4]

Two reasons that I can think of:

1) a spouse enters on a level of permanence with a greencard pretty much in hand (you get it up to a month or two after entry but it's guaranteed)

2) k1 visa is not a direct immigrant visa. You still have to AOS and can possibly be denied. It also costs more.

Because spouse visas come with permanent residency automatically. Fiances have to get married and then apply for permanent residency. Green cards and associated paperwork take about a year to process. That's why spouse visas take about a year longer (give or take, obviously).

Basically, if you're not already married, you're deciding if you want to wait for your green card in your country or in the US. Waiting for it in your country is a longer but cheaper process, and you can work right away. Waiting for it it the US is more expensive, and the US Citizen will have to support the fiance for a few months until work authorization kicks in, but you get to be together sooner. It's really just different for different people and situations.

I see. Thanks for explaining that.

It will be faster for me to wait for it in Canada... because I can't apply for the spouse one while I'm down here since I did come down with the intent of not returning to Canada - I have no job and no ties there. But I can still finish my 4 months here, and should only have to wait a few more months (in Canada) before returning. So we'll be apart for 2-3 months, that really isn't so bad.

We've wondered why that is to our self at some point in this process..

. The only difference with you is if he is a USC once you get married you can just stay- no need to go back. I think that's going to be your best bet.

Agreed.

And I've accepted this point that I have to go back for a few months. The plus side is I can stay with relatives (for free) and work and save some money while I'm up there. Plus I need to get my tonsils removed and I can do that for free in Canada.

[Transborderwife 4,666]

I see. Thanks for explaining that.

It will be faster for me to wait for it in Canada... because I can't apply for the spouse one while I'm down here since I did come down with the intent of not returning to Canada - I have no job and no ties there. But I can still finish my 4 months here, and should only have to wait a few more months (in Canada) before returning. So we'll be apart for 2-3 months, that really isn't so bad.

Agreed.

And I've accepted this point that I have to go back for a few months. The plus side is I can stay with relatives (for free) and work and save some money while I'm up there. Plus I need to get my tonsils removed and I can do that for free in Canada.

Just be aware that in order to maintain your Canadian healthcare benefits you need to be physically present as a resident usually for a certain amount of time. Check your province's requirements.

[Pennycat 880]

I see. Thanks for explaining that.

It will be faster for me to wait for it in Canada... because I can't apply for the spouse one while I'm down here since I did come down with the intent of not returning to Canada - I have no job and no ties there. But I can still finish my 4 months here, and should only have to wait a few more months (in Canada) before returning. So we'll be apart for 2-3 months, that really isn't so bad.

Agreed.

And I've accepted this point that I have to go back for a few months. The plus side is I can stay with relatives (for free) and work and save some money while I'm up there. Plus I need to get my tonsils removed and I can do that for free in Canada.

Sort of. Ok. You're confusing two things (that everyone confuses so don't worry). Permanent residency ("green card") is what gives you permission to live and work in the US (work authorization and temporary residency or student status are also things that can happen). A visa is what allows you to cross a border. You, as a Canadian, usually don't usually have to worry about a visa to the US, because usually you're just coming to visit and visitor's visas are given automatically at the border. (FYI: most countries in the world have to apply for a visitor's visa in advance, pay $160 and interview at the embassy, and a very high percentage of them are rejected).

Now, different visas give you permission to come in and do certain things. A visitor's visa (which is what you are here on) gives you permission to visit only. Not to work, and not to get married and "adjust status" to the status of permanent resident. Now, sometimes plans change. Sometimes people come for a 2 week visit, and suddenly decide to elope. They can then apply for adjustment of status because when they crossed the border, they did not do so with the intent to stay and adjust. Unfortunately, you did. And for you in your situation, that could very easily be seen as fraud and when it is time to adjust status, it could be found out (no job or residence in Canada), and denied. How likely that is, I don't know. Other people would have to chime in. But basically, at least from my understanding of the situation and how you need to proceed to keep this above-the-board is that you need to apply for a fiance visa or a spouse visa so that you can cross the border with intent to immigrate.

BUT, here's the good news and the enviable position. You're allowed in for 6 months at a time. A fiance visa takes about 6 to 8 months (right now a bit faster). If you apply for a fiance visa, you will be able to do most of your waiting in the US, which is great! Most people wait apart, in their home countries. You'll have to go back to Canada before your 6 months are up....but you'd need to be in Canada for the medical and interview and such anyway. You're right 2-3 months apart is not bad at all for international relationships, even US/Canada relationships. So you have the faster track option available to you (fiance visa) and get to wait it out together, and get to wait it out together for a long period of time (other countries that can come in and get visas on arrival---places like UK and France, they're only allowed in 90 days at a time).

So again, it stinks that because you had immigrant intent when you crossed that you can't (properly) marry, stay and adjust without running some risk. But it's awesome that you have the next best-case scenario available to you.

[loveamerica99 4]

Just be aware that in order to maintain your Canadian healthcare benefits you need to be physically present as a resident usually for a certain amount of time. Check your province's requirements.

thank you, yes, I will still be covered under my "home" province.

But I will likely be going to a different province though which may cause some issues, but I will try.

worst case scenario I keep my dreaded tonsils and just deal with the health issues they cause.

[loveamerica99 4]

Sort of. Ok. You're confusing two things (that everyone confuses so don't worry). Permanent residency ("green card") is what gives you permission to live and work in the US (work authorization and temporary residency or student status are also things that can happen). A visa is what allows you to cross a border. You, as a Canadian, usually don't usually have to worry about a visa to the US, because usually you're just coming to visit and visitor's visas are given automatically at the border. (FYI: most countries in the world have to apply for a visitor's visa in advance, pay $160 and interview at the embassy, and a very high percentage of them are rejected).

Now, different visas give you permission to come in and do certain things. A visitor's visa (which is what you are here on) gives you permission to visit only. Not to work, and not to get married and "adjust status" to the status of permanent resident. Now, sometimes plans change. Sometimes people come for a 2 week visit, and suddenly decide to elope. They can then apply for adjustment of status because when they crossed the border, they did not do so with the intent to stay and adjust. Unfortunately, you did. And for you in your situation, that could very easily be seen as fraud and when it is time to adjust status, it could be found out (no job or residence in Canada), and denied. How likely that is, I don't know. Other people would have to chime in. But basically, at least from my understanding of the situation and how you need to proceed to keep this above-the-board is that you need to apply for a fiance visa or a spouse visa so that you can cross the border with intent to immigrate.

BUT, here's the good news and the enviable position. You're allowed in for 6 months at a time. A fiance visa takes about 6 to 8 months (right now a bit faster). If you apply for a fiance visa, you will be able to do most of your waiting in the US, which is great! Most people wait apart, in their home countries. You'll have to go back to Canada before your 6 months are up....but you'd need to be in Canada for the medical and interview and such anyway. You're right 2-3 months apart is not bad at all for international relationships, even US/Canada relationships. So you have the faster track option available to you (fiance visa) and get to wait it out together, and get to wait it out together for a long period of time (other countries that can come in and get visas on arrival---places like UK and France, they're only allowed in 90 days at a time).

So again, it stinks that because you had immigrant intent when you crossed that you can't (properly) marry, stay and adjust without running some risk. But it's awesome that you have the next best-case scenario available to you.

Thanks. I should have done my research before I came down and I could have played it out differently.

definitely not interested in trying to cheat the system. The risks far outweigh the reward!

And there are positives to going back to Canada for a few months.. That time will go by quickly.

[Pennycat 880]

Thanks. I should have done my research before I came down and I could have played it out differently.

definitely not interested in trying to cheat the system. The risks far outweigh the reward!

And there are positives to going back to Canada for a few months.. That time will go by quickly.

Yeah exactly. Especially not for just a few months and you've got things to do in Canada anyway. I have a friend who married a Mexican man who already had a 10 year visitors visa. They had zero clue about any of this and didn't do any research, so he crossed the border with immigrant intent, too, and they wound up spending thousands of dollars on an immigration attorney getting all that sorted out, and he wound up being here illegally for a period of time (and living near the border, so higher risk of being detained). Just a nightmare all over paperwork and shortcuts.

All that said--congrats! Sounds like you're recently engaged, then?

[loveamerica99 4]

I gotta say I'm pretty impressed (and very thankful) for all of the information given in here today.

To think I was considering paying a lawyer for advise... that thought is now struck from my head!

[loveamerica99 4]

Yeah exactly. Especially not for just a few months and you've got things to do in Canada anyway. I have a friend who married a Mexican man who already had a 10 year visitors visa. They had zero clue about any of this and didn't do any research, so he crossed the border with immigrant intent, too, and they wound up spending thousands of dollars on an immigration attorney getting all that sorted out, and he wound up being here illegally for a period of time (and living near the border, so higher risk of being detained). Just a nightmare all over paperwork and shortcuts.

All that said--congrats! Sounds like you're recently engaged, then?

That's harsh!

and thanks... I guess I am? we were planning to marry but he'll have to pop the question now and make it official

[RICARDO4EVA2 194]

From what I understand, I can stay up to 6 months (per calendar year) so technically, I could come back in January? would be gone back for just the month of December in this case.

Many open jobs in Nashville

[Jawaree 717]

You have to be in love & get marry in a bonafide relation

then adjust, however with all your stuff here I guess you

have made your decisions

[madtownguy 164]

I disagree with everyone saying to leave and file from Canada, all your things are already here. You crossed the border legally. They had a chance to deny you at the border and they didn't. Adjustment of Status will work. If you really want to wait in Canada for a period of time which you can't possibly know for certain if it will take 1 month or 2-3 years with the system the way it is, I don't know why you would risk something like that. Technically you already broke the law, going back doesn't change that fact you just admitted to coming here with the intent to stay. Going back doesn't change that, I'm not sure why people are advising you to do so. Filing for adjustment of status once you are married isn't going to be breaking any new laws. If you go back and file for k1 or CR1, you won't be let back into the country most likely on your tourist visa. So if you want to not see your significant other for an undetermined amount of time go for it. Most people here hate the wait, even though you technically did something wrong to avoid it you are already here the damage is done why go through the agony of being apart if it is someone you really want to be with. That's just my take.

[themoldy1 1]

Currently I am visiting and have been here for almost two months. I met a man who lives here and we do plan to get married.

I thought you weren't allowed to file an I-130 if you are in the US on a tourist visa, or under the visa waiver programme; don't you have to leave the US and file it from your home country?

Edited July 24, 2015 by themoldy1

[Transborderwife 4,666]

I thought you weren't allowed to file an I-130 if you are in the US on a tourist visa, or under the visa waiver programme; don't you have to leave the US and file it from your home country?

Wrong and nope.

[loveamerica99 4]

Many open jobs in Nashville

Indeed! my bf got decent a job within one week. but then he has a skilled trade. we were originally going to move to florida but then I got very sick from a spider bite and decided to come back to Nashville to be with my parents. we liked it here so much that we decided to "start out" here instead. He is from Washington state. big change for us both.

[Pennycat 880]

I disagree with everyone saying to leave and file from Canada, all your things are already here. You crossed the border legally. They had a chance to deny you at the border and they didn't. Adjustment of Status will work. If you really want to wait in Canada for a period of time which you can't possibly know for certain if it will take 1 month or 2-3 years with the system the way it is, I don't know why you would risk something like that. Technically you already broke the law, going back doesn't change that fact you just admitted to coming here with the intent to stay. Going back doesn't change that, I'm not sure why people are advising you to do so. Filing for adjustment of status once you are married isn't going to be breaking any new laws. If you go back and file for k1 or CR1, you won't be let back into the country most likely on your tourist visa. So if you want to not see your significant other for an undetermined amount of time go for it. Most people here hate the wait, even though you technically did something wrong to avoid it you are already here the damage is done why go through the agony of being apart if it is someone you really want to be with. That's just my take.

I, at least, told her as well as I could and stay within TOS guidelines that that is technically an option but also technically not "proper" and could spell trouble at AOS time (it did for my friend under almost exactly the same circumstances--it turned out ok but not without a huge amount of money and risk). Plus, she can wait out the first 4 months here, and has things that she needs to take care of in Canada as well (and perhaps needs to not be mid-emigration for the healthcare thing? I'm unclear on that point). K1, to me and why I advised it, is the risk-adverse way to do it and has the added perk of "two birds, one stone" of needing to be in Canada anyway.

In terms of your bolded statement, that is not true. Many people who are midway through this process are able to visit, mostly Canadians and Visa Waiver countries. The "Yes, You Can Visit" thread locked at the top of this forum is proof of that, as is the Canada specific forum. Plus it's not an undermined amount of time. It would be the total length of her application minus the 4 months remaining on her visitor's visa. Most new petitions are getting through CSC (where all new petitions are sent) in 1 to 2 months. Counselor processing takes 3. Even if she gets unlucky and takes 3 months to get through CSC, she'd be looking at a 2 month separation.