Engaged - want to get married, what to do?

[confusedinny 25]

I am a US citizen engaged to a Canadian. We got engaged and were planning to just get married right away (we were already planning to get married in 3 weeks), but then I started looking at residency options (I know, should have done that long ago) and am not sure what direction to take. Originally the plan was to get married in Ontario and file for a CR1 visa for her, and I would move to Ontario and commute to work in NY every day (we both live close to our respective borders) until we got her green card, then move to NY. But I found out that I can't exactly do that legally, even though you're allowed to visit Canada for up to 6 months at a time as a visitor, you're not supposed to be living there as a visitor, and I would run the risk of getting denied entry. If I was just moving up there temporarily without the need to come back across the border I'd get away with it. Apparently the border officials get suspicious if a US citizen is going back and forth every day without having Canadian residency, even though I'm not working there. And we don't want to get married and then have to live apart. And I understand it's not legal for her to come here as a tourist and get married, even though it sounds like some people get away with this. So now we need to decide if we should give up the idea of getting married next month and instead apply for a K1 visa and get married here when we get that and follow the process of filing for an adjustment of status and CR1 visa after that. I guess I'm wondering, are these really our only options? And if we get a K1 visa and she moves here to get married, how soon would she be able to travel internationally? She has a lot of family on the Canadian side of the border, and it will be hard for her not being able to go visit, since it's so close yet out of reach.

[geowrian 22,337]

17 minutes ago, confusedinny said:

So now we need to decide if we should give up the idea of getting married next month and instead apply for a K1 visa and get married here when we get that and follow the process of filing for an adjustment of status and CR1 visa after that.

No need for a CR-1 visa if you get a K-1 and then AOS. A visa is to enter the country. Once AOS is approved, they are a permanent resident and no longer need a visa.

 

17 minutes ago, confusedinny said:

I guess I'm wondering, are these really our only options? And if we get a K1 visa and she moves here to get married, how soon would she be able to travel internationally?

Yes - either CR-1 if married or K-1 if not married. Entering with intent to AOS is not an option since it is fraud.

AP is taking about 4 months right now. Once AP is obtained, she can travel abroad and return. The EAD (work permit) is taking about the same time.

[Crazy Cat 41,979]

The CR-1 results in a Green Card within about 3 weeks of entering the US.

The CR-1 allows you to work immediately after entry into the US.

The CR-1 is much less expensive than K-1.

The CR-1 allows you to travel outside the US after receiving your Green Card

 

The K-1 requires you to file additional paperwork, evidence (AOS).  It results in a Green Card months and months after entering the US.

The K-1 does not allow you to work after entering the US.  You must file for additional EAD paperwork with the AOS .  Processing time until you can legally work is about 4-6 months.  (This, alone, is a huge factor for many couples).

The K-1 is much more expensive than the CR-1....quite a bit more

The K-1 does not allow you to leave the US after marriage until you receive permission via Advance Parole (additional paperwork submitted with EADdocuments).  Processing time is 4-6 months.  Leaving the US prior to approval for A/P can be seen as abandoning your legal status in the US.

[LionessDeon 2,060]

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

 

the guides are helpful. Read the requirements and determine what works best for you and your fiancé. 

[confusedinny 25]

Thanks for the answers and clarifications so far.
So the CR1 results in a green card within a few weeks of being in the US, but we still would have to get married first, and then won't be able to live together until the visa is processed, which takes approx 13 months, according to the comparison. So that's a con for going that route. With the K1 then AOS, it would be more expensive, but at least we'd be able to be together in the US while awaiting the green card. Am I right? Oh, and she won't be working, so being able to work is not an issue.

Edited September 27, 2017 by confusedinny

[Crazy Cat 41,979]

Just now, confusedinny said:

Thanks for the answers and clarifications so far.
So the CR1 results in a green card within a few weeks of being in the US, but we still would have to get married first, and then won't be able to live together until the visa is processed, which takes approx 13 months, according to the comparison. So that's a con for going that route. With the K1 then AOS, it would be more expensive, but at least we'd be able to be together in the US while awaiting the green card. Am I right?

Yes.  With a CR-1, you would be apart a few more months.....but visiting is perfectly legal while the CR-1 is being processed.

[Dashinka 24,591]

On 9/27/2017 at 4:14 PM, confusedinny said:

Thanks for the answers and clarifications so far.
So the CR1 results in a green card within a few weeks of being in the US, but we still would have to get married first, and then won't be able to live together until the visa is processed, which takes approx 13 months, according to the comparison. So that's a con for going that route. With the K1 then AOS, it would be more expensive, but at least we'd be able to be together in the US while awaiting the green card. Am I right? Oh, and she won't be working, so being able to work is not an issue.

A K1 is faster, but much more expensive.  I understand the not wanting to be apart thing, but many of us have had to deal with this while waiting for USCIS to process applications.  You are lucky in that you live relatively close and are in countries that are easy to visit, so make sure you do it the right way.  If speed is your major concern and cost is not an issue (K1/AOS can cost almost $1300 more than a CR1) then go for the  K1, if cost is a concern, then the CR1.

 

Good Luck!