I'm a Canadian Citizen and he's a U.S. Citizen currently in Prison

[Minya's wife 25]

Hi,

I just read through this thread, and I think perhaps your unique situation may warrant a consultation with a qualified immigration attorney to see which option is the best for your to pursue. As others have stated here....getting married is no problem, you can have the ceremony anywhere....it is your subsequent legal immigration to the US that will be a bit problematic, due to your SO's current status. I would recommend finding a competent immigration lawyer and presenting your questions to him/her.

Good luck!

-P

[Kathryn41 3,205]

I am also noting one area of confusion - you cannot get married and then apply for the K-1 visa. The K-1 visa isONLY for a fiancee who has to be unmarried when she/he moves to the US and then gets married within 90 days. If you get married first, then you do not qualify for a K-1 and need to apply for a K-3 (spousal application) or a CR-I (immigration visa). For both the K-1 and the K-3 you must then apply to adjust your status from a non-immigrant to an immigrant.

If he is going to be incarcerated for another 23 months plus having to serve time in a half-way house and you are determined to get married now rather than wait until he finishes his prison term, then you are far better off to go with the K-3 or CR-1 and move to the States after he is out, rather than before.

[Bobbie 1]

Wouldnt the boyfriend fallunder IMBRA? Won't he need to file a waiver to marry?

~trying to learn

Bobbie

[kitkat1 5]

Start by reading the guides so you understand the difference between a K1 Fiance Visa and a K3 non-immigrant spousal visa and a CR1 spousal visa. As stated, if you need to wait for a date from someone else to be allowed to marry, you will not be applying for a Fiance Visa. That visa is to bring a foreign fiance to the US to marry within 90 days of entry. If you have to rely on someone else to tell you the exact date you can marry, it's highly unlikely that it will work out for you timewise. The paperwork, once he is able to get copies of everything to send in, could take months to process. Then you need a medical and interview date, which normally is assigned in the future once you have returned all the necessary documentation. Most people plan on 6-9 months to get through the process and others are held up for much longer for a variety of reasons.

IMBRA is a second, more serious issue for you to delve into. IMBRA makes it a felony for an internet dating company, that primarily focuses on introducing Americans to foreigners, to allow any American to communicate with any person of foreign nationality without first subjecting that American to a criminal background check, a sex offender check and without first having the American certify any previous convictions or arrests, any previous marriages or divorces any children and all states of residence since 18. It does not matter if you two did not meet online, what matters is that he will be subject to a criminal background check and certification of previous convictions and arrests because as a result of the law, all applicants are. You need to understand how this might affect your petition and whether or not he might also need to request a waiver in order for your petition to even be approved.

As commented, you would definitely be wise to consult with a qualified immigration attorney who is experienced in your type of situation. Search the American Immigration Lawyer's Association site for names - they can be located anywhere in the US because immigration law is federal - and arrange for a consult. It normally is not very expensive (around $125 1/2 hour) and will be money well spent.

[homesick_american 1]

As usual kitkat comes up with the goods!

[babybunny 2]

I was wondering if anyone can help me with as much information as possible. My fiancee and I met 7 years ago. We were friends for several years and lost touch for awhile, to make a long story short, we met back up, became friends again and needless to say much, much more than that.

During the time that we lost touch, he ended up getting indicted in which he now has 23 months left in his sentence. We've been together for 3 years and all this came about after we met with each other again. We were going to wait until he came home to get married, but have decided that it doesn't matter where and when we do, so we're planning on doing it now. I've already sent in the letter of intent to the counsellor of his unit and i'm just waiting for him to send me the package to where and when we can go ahead and get married.

We were planning on filing a K1 visa once we found out the date we could go ahead and get married. My questions are : Does my fiancee need a co-sponsor since he's incarcerated? Has anyone been through this situation before?? How do we go abouts getting the paper work filed since he's not able to go to an office?? Since I live in Canada (right on the border) will i be able to go back and forth to visit him?? How long does the process usually take for filing in Detroit, Michigan?? If anyone can help me with any information it would be greatly appreciated.

uhmm you cant marry by Proxy. its not valid for immigration benifit. because, you have to be able to uhm " do the deed " for this reason your marriage will not and is not reconized. however you must marry in a state that reconize proxy marriages.

bottom line - wait til he is out of Jail.

[babybunny 2]

forgot to add because, i am studying someting at the same time.

K-1 is for those wishing to marry but not for those married.

if you marry you need to file for

K3 and Cr1.

be prepared for IMBRA issues, domicile issues and Sponser support issues.

[zyggy 9]

Proxy marriage is not permitted in any state of the union...

[NanHatch 0]

Thank you for all your responses. If we go ahead and get married, I have no problem staying, working and living in Canada. I don't have a problem filing the paperwork until after he get's home. I just don't want to have any problems crossing the border which i do regularly since I live on a border city. Plus it's the only means for me to be able to travel and see him once a month. Is there a significant difference if we waited until he was home to apply for the K3 visa?? Is the process longer/harder??

I don't know what IMBRA is and i've been looking at so many different visas. If someone could break it down to me so i can understand what it means?? Would I even have to consider this visa?? Wouldn't we be able to just file a K3/CR1??? Or am i completely out on left field with what i'm looking at??

Also, if we were to go ahead and get married while he's there, would I have to change my name in Canada?? If anyone knows of any good immigration lawyers for this kinda of situation can you please leave me a private message with a number. One that doesn't cost an arm and a leg. We have been through so much already, and i know we still have a journey ahead, I just want to make sure that i'm walking the right path to get things in motion before he comes home.

[zyggy 9]

Thank you for all your responses. If we go ahead and get married, I have no problem staying, working and living in Canada. I don't have a problem filing the paperwork until after he get's home. I just don't want to have any problems crossing the border which i do regularly since I live on a border city. Plus it's the only means for me to be able to travel and see him once a month. Is there a significant difference if we waited until he was home to apply for the K3 visa?? Is the process longer/harder??

I don't know what IMBRA is and i've been looking at so many different visas. If someone could break it down to me so i can understand what it means?? Would I even have to consider this visa?? Wouldn't we be able to just file a K3/CR1??? Or am i completely out on left field with what i'm looking at??

Also, if we were to go ahead and get married while he's there, would I have to change my name in Canada?? If anyone knows of any good immigration lawyers for this kinda of situation can you please leave me a private message with a number. One that doesn't cost an arm and a leg. We have been through so much already, and i know we still have a journey ahead, I just want to make sure that i'm walking the right path to get things in motion before he comes home.

Google is your friend... Go to our IMBRA Forum or look up IMBRA and Immigration on Google...

[TimsDaisy 0]

Thank you for all your responses. If we go ahead and get married, I have no problem staying, working and living in Canada. I don't have a problem filing the paperwork until after he get's home. I just don't want to have any problems crossing the border which i do regularly since I live on a border city. Plus it's the only means for me to be able to travel and see him once a month. Is there a significant difference if we waited until he was home to apply for the K3 visa?? Is the process longer/harder??

I don't know what IMBRA is and i've been looking at so many different visas. If someone could break it down to me so i can understand what it means?? Would I even have to consider this visa?? Wouldn't we be able to just file a K3/CR1??? Or am i completely out on left field with what i'm looking at??

Also, if we were to go ahead and get married while he's there, would I have to change my name in Canada?? If anyone knows of any good immigration lawyers for this kinda of situation can you please leave me a private message with a number. One that doesn't cost an arm and a leg. We have been through so much already, and i know we still have a journey ahead, I just want to make sure that i'm walking the right path to get things in motion before he comes home.

Oh girl . . . I mean this in the nicest possible way.. . . but you need to do a TON more homework. Starting with google, the rest of this site, and, perhaps most importantly, read the hell out of www.uscis.gov.

I would also suggest you check out the Canada forum here for the details and pitfalls of frequent border crossing up in the north there - I don't know about it, but I think there are some programs and passes and procedures for people in your situation (live in one country, work in the other, have family in the other, etc etc). Is there a Canadian law that requires name change? You might need a Canadian attorney or google search for that. I don't think you need a lawyer right now, however, you need to buckle down and study up.

IMBRA is not a visa, it's a federal law that seeks to disclose to would-be immigrants the criminal convictions (specifically, domestic violence risks, etc) of the American petitioner. It affects those who met through international marriage brokers as well. It limits the number of petitions an American can file for a foreign fiance. Check out the forum here for IMBRA to find out more about it.

I'm still guessing that your best bet, if you absolutely must legally marry him now, rather than (perhaps more wisely) wait it out as his fiance), is to marry him, and maintain your life in Canada until he is free and back in Detroit. Then start looking at the K3/CR-1 process. You may be able to start those now, but again, if you aren't planning or needing to relocate to Detroit, why bother? Especially with the challenges you already face. And if you are currently able to travel back and forth, then keep doing so, researching to find out what you need to safeguard your ability to do so.

Read. Research. Learn. Slow Down. Don't Panic. Read some more.

[kitkat1 5]

Thank you for all your responses. If we go ahead and get married, I have no problem staying, working and living in Canada. I don't have a problem filing the paperwork until after he get's home. I just don't want to have any problems crossing the border which i do regularly since I live on a border city. Plus it's the only means for me to be able to travel and see him once a month. Is there a significant difference if we waited until he was home to apply for the K3 visa?? Is the process longer/harder??

I don't know what IMBRA is and i've been looking at so many different visas. If someone could break it down to me so i can understand what it means?? Would I even have to consider this visa?? Wouldn't we be able to just file a K3/CR1??? Or am i completely out on left field with what i'm looking at??

Also, if we were to go ahead and get married while he's there, would I have to change my name in Canada?? If anyone knows of any good immigration lawyers for this kinda of situation can you please leave me a private message with a number. One that doesn't cost an arm and a leg. We have been through so much already, and i know we still have a journey ahead, I just want to make sure that i'm walking the right path to get things in motion before he comes home.

Again, start by reading the guides to understand the different visa types. There are 3:

K1 for Fiance

K3 non-immigrant visa for spouse (meaning it requires further paperwork and adjustment of status once you are in the US)

CR1 immigrant visa for spouse (no more paperwork upon arrival but often takes much longer than non-immigrant visas)

Read about the IMBRA (International Marriage Broker Act) law and how it will affect you.

Read about Canadians crossing the US border to visit their husbands without using a spousal visa.

Consult a lawyer about all of this, including his criminal background and how it may affect his petition for you.

p.s. there is no law that requires you to change your name. It's personal choice.