Figuring out best solution

[Aoconn87 0]

I'm new to this. I'm American, living in buffalo. My fiance is Canadian and lives 30mins away in Canada. We want to get married, have him move here, but he wants to continue to work at his job in Canada. At some point, he may be able to get a transfer with his job to the US company, but he's only been there for a few months. He also has a daughter in Canada whom lives with her mother& he gets every other weekend. I researched the k1 visa and realized it's not for us due to the fact that he has to be able to go back for his daughter. Now I have no idea how to go about it. Do we get married and file for the CR1? But how do we get married without it being considered a scam or deceitful?

Edited January 20, 2016 by Aoconn87

[Darnell 8,480]

what if you two got married and YOU transit into Canada, instead ?

[Aoconn87 0]

We thought about it, but everything is so much cheaper here. So we wanted to stay here for a year or so after we get married, save money, then move there. I already have my own apartment. He had to move back home after he& his ex broke up. I just didn't want to have to move in with his parents.

[aaron2020 11,652]

I'm new to this. I'm American, living in buffalo. My fiance is Canadian and lives 30mins away in Canada. We want to get married, have him move here, but he wants to continue to work at his job in Canada. At some point, he may be able to get a transfer with his job to the US company, but he's only been there for a few months. He also has a daughter in Canada whom lives with her mother& he gets every other weekend. I researched the k1 visa and realized it's not for us due to the fact that he has to be able to go back for his daughter. Now I have no idea how to go about it. Do we get married and file for the CR1? But how do we get married without it being considered unlawfully?

Hi,

You can get marry either in Canada or the US. File the I-130 with your marriage certificate to start the road towards a CR-1 spousal visa.

There is nothing unlawful about going to either country to get marry. The unlawful part is entering either country on a non-immigrant basis with the intent to immigrate.

This is what I would do. Get a quickie courthouse wedding in the US or in Canada, whichever it's easiest for you two to get together next time. Start the spousal visa.

As long as you both have proof that neither of you intend to immigrate to the other's country while visiting, you should be fine.

Follow the Guides.

Best of luck