Questions about IR-1 / CR-1 Spouse Visas

[revea 0]

Hello!

I am extremely new to this website, so I apologize in advance if I am asking questions that have been covered elsewhere. 

I am a Canadian, currently living in Canada who proposed to my American boyfriend on June 9, 2017.

We would like to get married in Canada in December, as we read we should be married before we file the  IR-1 / CR-1 Spouse Visa

Is this appropriate visa for us? Is it okay that we get married in Canada provided it's done legally?

I understand I won't be able to enter the states while the visa is being filed, is that true? We aren't opposed to being apart from that long, what's important to me is that this is done correctly, and that I will be able to work once I enter the U.S

If this could be explained to me in layman's terms, I would apperciate it very much!

[pushbrk 13,837]

You must be married to start a spouse visa process.  The fiancee visa process requires the marriage take place in the USA after the visa is issued and used.  If your marriage is going to be in Canada, marry then follow the spouse visa guide here.  http://www.visajourney.com/content/guides/

[geowrian 22,344]

Exactly as above. You can marry in Canada then file for the CR-1/IR-1 visa. ETA: 12-14 months on average.

 

You can visit (not stay or work in!) the US while the case is processing. You may be asked more questions at POE about your intention to return home. Be sure to carry ties showing your need to return home.

[jle2234 68]

1. It is fine to get married in Canada. You will need to provide your provincial marriage certificate when applying for your CR-1 visa. I'm not sure about other provinces, but in Ontario we had to order our certificate and it took a few weeks to receive, so I would recommend ordering it ASAP following your ceremony.

 

2. As noted by previous posters, you can enter the U.S. on B-1/B-2 visas while your case is being processed, but you may be subject to extra scrutiny. I would advise traveling with proof of ties to Canada (proof of lease/mortgage, employment, etc.) and copies of any notices of action you receive regarding your U.S. immigration (this can help prove that you are in the process of immigrating legally).

 

3. I filed for IR-1 in August 2016 and am currently awaiting my interview date, so 12 months or so is about right. We could have shaved a few weeks off the wait time by collecting our NVC documents in advance, so I would recommend looking at what will be required as early as possible, keeping in mind that it is currently too early to collect some of the documents, as their validity will expire.

Edited July 3, 2017 by jle2234

[pushbrk 13,837]

Canadians enter the US under the Canadian visitor privilege without any visa.  Their status when in the US is the same as a B2 visitor would have, meaning they can stay up to six months at a time instead of the 3 months allowed those using ESTA/VWP.  Canadians who actually obtain B1/B2 visas are the only ones who "enter the US on B1/B2 visas".  Frequent business travelers tend to obtain those visas as they enter as B1, not B2.

[jle2234 68]

27 minutes ago, pushbrk said:

Canadians enter the US under the Canadian visitor privilege without any visa.  Their status when in the US is the same as a B2 visitor would have, meaning they can stay up to six months at a time instead of the 3 months allowed those using ESTA/VWP.  Canadians who actually obtain B1/B2 visas are the only ones who "enter the US on B1/B2 visas".  Frequent business travelers tend to obtain those visas as they enter as B1, not B2.

Sorry, I should have clarified this in my original post -- when entering the U.S. from Canada, you are typically issued a six-month B-2 visa (in the form of a stamp) at POE. There is no need for the OP to apply in advance for a visitor visa, even in the case of an in-progress immigration case.

[pushbrk 13,837]

14 minutes ago, jle2234 said:

Sorry, I should have clarified this in my original post -- when entering the U.S. from Canada, you are typically issued a six-month B-2 visa (in the form of a stamp) at POE. There is no need for the OP to apply in advance for a visitor visa, even in the case of an in-progress immigration case.

Sort of.  Most Canadian entries involve no stamp in the passport because the vast majority of entries are by land. If flying, you get a stamp, maybe.  Only if you go inside at the border crossing and ASK for a stamp will a land crossing Canadian get a stamp, and even then it's not a surety.  Even Americans flying into the US don't always get their passport stamped.  I'll be entering by air in 8 days and will definitely not get a stamp in my passport.  Why, because I have a Global Entry Membership granted by USCIS AKA a Known Traveler Number.

 

This lack of an entry stamp tends to worry some who are adjusting status from within the US, because they have no "evidence" they were inspected by an immigration officer.

 

To clarify, I'm not entering from Canada and I don't leave the US until tomorrow.  My flight is from Singapore via Hong Kong.  

Edited July 3, 2017 by pushbrk

[canadian_wife 1,831]

Revea!  Welcome.  The above advice is all correct.  Once thing that surprised me during this process is that spousal visas are only processed through the consulate in Montreal, no where else.  So that may be an additional expense for you if you are not from the region. 

 

Welcome, let me know if you have any other questions, I am glad you found VJ

 

Good luck 

[caliliving 606]

Get married asap at a court house and start the paperwoek..it takes 12 months then u can plan a wedding when u want. Lots odnpeople do this and keep it a secret from family members so they don't know you are actually married before the first wedding. Lol

Canadians don't need visas but if she visits alpt it will draw a red flag and expect extra scrutiny. So make sure she has ties to back home e ct.

But yes, unless u want to wait 12 months AFTER your wedding I suggest u.go to a court house asap so u can start the paperwork