Immigrating from Canads

[Tunapiano 9]

So here's the story.

 

My fiance live in Canada. We're about to get married. I'm looking at the CR1 visa to get her into the US or a k-3. My question is can she enter the US with her passport after we get married and live/work here while either the CR1 or K-3 visas are pending? 

[p-ana 933]

No. She needs the proper visa to get in to stay and work.

k3s are obsolete, you should be looking into cr1 info

[Tanish 197]

First: K-3 visas are very rarely (almost non-existent) accepted. Most probably only I-130 will be processed.

 

Second: She will need different visa in order to visit and/or work.

[Tunapiano 9]

So what if she enters the US, can we then apply for the CR1? She won't be able to work but she'll be here.

[geowrian 22,337]

6 minutes ago, Tunapiano said:

So what if she enters the US, can we then apply for the CR1? She won't be able to work but she'll be here.

Yes. But CR-1 takes 10-12+ months, and she can only stay for 182 days max.

[Tanish 197]

Are you planning to marry in US?

If yes, this will be tricky. I wouldn't suggest you to misrepresent to CBP. They may deny her entry.

 

Also, if she comes to US and you file for CR1, she will have to leave once her visa expires. If she overstays, she will be out of status until the process is over and she would have to constantly look over her shoulder. She won't be able work. These are the down sides you may want to consider. Also entering US with intent to immigrate on a nonimmigrant visa is considered a fraudulent activity.

 

I would suggest you marry wherever (US or Canada) and she can visit on tourist visa for (6 months, I guess?) and then you can extend the stay 2 times. Meanwhile the process continues.

[canadian_wife 1,823]

She may visit the U.S., she may  not live.  She must return to Canada.

 

Good luck 

[geowrian 22,337]

2 minutes ago, Tanish said:

I would suggest you marry wherever (US or Canada) and she can visit on tourist visa for (6 months, I guess?) and then you can extend the stay 2 times. Meanwhile the process continues.

Canadians use VWP to visit the US. You cannot extend a stay on VWP.

Edited February 25, 2017 by geowrian

[Tanish 197]

Just now, geowrian said:

Canadians use VWP to visit the US. You cannot extend a stay on VWP.

Oh, my bad. Then she will have to return. But she can come after some time on VWP again, right?

She will have to update VWP to indicate that I-130 is under process in her name. Is that correct?

[geowrian 22,337]

Just now, Tanish said:

Oh, my bad. Then she will have to return. But she can come after some time on VWP again, right?

She will have to update VWP to indicate that I-130 is under process in her name. Is that correct?

No problem. Yes, they may visit again on VWP. However, frequent long stays (like with any tourist visa type of entry) will raise suspicion of living in the US and may get you denied at POE. That combined with being married to a USC creates a decent hurdle to overcome. It's possible, but it's something to consider.

 

I don't believe so...? She just needs to be honest with CBP at entry.

 

@OP:

http://www.nolo.com/legal-encyclopedia/with-i-130-pending-will-i-trouble-getting-tourist-visa-the-us.html

[Tunapiano 9]

I read somewhere that when you apply for the k3 and you've stayed here for 6 months or longer and you leave you will be denied re-entry for anywhere from 3 years to 10 years. So wouldn't the same apply for the CR1? 

 

And the time between 6 months visits... How long would she need to stay back home if we went that route?

[geowrian 22,337]

35 minutes ago, Tunapiano said:

I read somewhere that when you apply for the k3 and you've stayed here for 6 months or longer and you leave you will be denied re-entry for anywhere from 3 years to 10 years. So wouldn't the same apply for the CR1? 

 

And the time between 6 months visits... How long would she need to stay back home if we went that route?

Not sure on the K3 denial piece (since it's obsolete), but if you overstay 180 days or longer, you will incur a bar upon exit. The bar is 3 or 10 years depending on how long you overstayed. This applies to any overstay. The difference is a K-3 grants access to the US while the case is pending (after the I-130 is processed, which is normally when it gets administratively closed now as it reaches NVC), whereas a CR-1 does not grant any access to the US while pending.

 

The general rule of thumb is spend twice as long outside of the US as inside it. So a 6 month entry would suggest 12 months out of the US. Obviously that would probably (hopefully!) be past the point ast which your CR-1 will be issued, so it may not be of much use to you. That said, they're pretty lenient with Canadians, so you might be able to do another trip after only a few months. Worst case is she gets denied at POE and needs to wait out the CR-1. Any such denial would not affect her CR-1 eligibility or chances, but would make her ineligible to use VWP for a period of time.

Edited February 25, 2017 by geowrian

[Tunapiano 9]

2 minutes ago, geowrian said:

Not sure on the K3 denial piece (since it's obsolete), but if you overstay 180 days or longer, you will incur bar upon exit. The bar is 3 or 10 years depending on how long you overstayed. This applies to any overstay. The difference is a K-3 grants access to the US while the case is pending (after the I-130 is processed, which is normally when it gets administratively closed now as it reaches NVC), whereas a CR-1 does not grant any access to the US while pending.

 

The general rule of thumb is spend twice as long outside of the US as inside it. So a 6 month entry would suggest 12 months out of the US. Obviously that would probably (hopefully!) be past the point ast which your CR-1 will be issued, so it may not be of much use to you. That said, they're pretty lenient with Canadians, so you might be able to do another trip after only a few months. Worst case is she gets denied at POE and needs to wait out the CR-1. Any such denial would not affect her CR-1 eligibility or chances, but would make her ineligible to use VWP for a period of time.

So how long do you think it would take a CR1 to process from someone who has only ever lived in Canada with no criminal record?

[geowrian 22,337]

2 minutes ago, Tunapiano said:

So how long do you think it would take a CR1 to process from someone who has only ever lived in Canada with no criminal record?

Still 10-12+ months:

http://www.visajourney.com/content/ir1cr1historical

http://www.visajourney.com/timeline/irstats.php?cfl=

Edited February 25, 2017 by geowrian

[Lemonslice 4,886]

58 minutes ago, geowrian said:

Canadians use VWP to visit the US. You cannot extend a stay on VWP.

Canadians do NOT enter under the VWP.  

 

You can marry your wife and she can visit while waiting for the CR1 - I visited multiple times, from a couple of days to a month, during our process. Canadians are usually allowed to visit (not work or live, visit!) for up to 6 months at a time.  It currently takes 10 to 12 months for Canadians to receive their visa. 

Edited February 25, 2017 by Lemonslice