Advice/help US-CAN marriage

[Mike445 28]

Hey y’all. I’m a Canadian citizen and my fiancé is an American citizen. We are heading down to Arkansas for a week to be married in front of her family. My parents are coming with us. My fiancé stays with me in Canada frequently and i spend lots of time with her in the USA. We have been dating for 2 years and engaged for a year. I’m 44. She is 23. Neither of us have any criminal records or immigration issues.

 

My questions are as follows.

 

1)I do not need a K1 to get married inside the USA because I’m leaving after the wedding correct? I only took a week off work. We get married in a Saturday and back to Canada on Monday.

 

2)To start the spouse visa is it better my fiancé stays in the USA or comes back to Canada with me? Even if she comes back with me  will be crossing the border into the USA every weekend April through October so she can go to work.

 

3)Once Visa is granted can I stay in Canada and work (I may be signing a 12 month contract at work in May) and still get status in the USA or is it better to wait to apply for a spouse visa?

 

So many questions and neither of us have a clue where to start. Thank you.

[Roel 7,192]

Once you get a visa I believe you have 6 months to move to the USA. After you move you obviously need to establish your residency in the US. Living and working in Canada will result in you losing your green card. 

 

No you don't need a k1 to get married of you're not planning on staying in the USA. 

 

Your USC fiance need to keep her US domicile. 

[EandH0904 1,184]

1. That is correct. When you cross the border, if you tell them that you intend to get married in the US they may think inaccurately that you are adjusting status and intending to stay, so make sure that you are traveling with enough proof that you will be going back to Canada and not staying in the US. 

 

2. I don't know how legal it is for her to live in Canada - this is a US related immigration board so I'm not familiar with Canada's policies. Will she be "living" in Canada or the US? She must maintain US domicile even if she is living in Canada for your visa. I don't think that the US government will question her frequent "visits" to Canada - but the Canadian government may. 

 

3. The CR1 Spousal visa process is currently taking 12-14 months for approval, so if you are working until May 2019 you should be fine. 

[bad4tatt 168]

15 minutes ago, EandH0904 said:

1. That is correct. When you cross the border, if you tell them that you intend to get married in the US they may think inaccurately that you are adjusting status and intending to stay, so make sure that you are traveling with enough proof that you will be going back to Canada and not staying in the US. 

 

2. I don't know how legal it is for her to live in Canada - this is a US related immigration board so I'm not familiar with Canada's policies. Will she be "living" in Canada or the US? She must maintain US domicile even if she is living in Canada for your visa. I don't think that the US government will question her frequent "visits" to Canada - but the Canadian government may. 

 

3. The CR1 Spousal visa process is currently taking 12-14 months for approval, so if you are working until May 2019 you should be fine. 

In addition to what @EandH0904  stated. Collect a lot of evidence in the mean time to prove a bona fide marriage as the USCIS website clearly states that a big age difference is a red flag and will be looked over with a fine tooth comb.

[Ahoy01 31]

17 minutes ago, EandH0904 said:

2. I don't know how legal it is for her to live in Canada - this is a US related immigration board so I'm not familiar with Canada's policies. Will she be "living" in Canada or the US? She must maintain US domicile even if she is living in Canada for your visa. I don't think that the US government will question her frequent "visits" to Canada - but the Canadian government may. 

 

 

My wife is American and when she comes visit me in Canada, she is allowed to stay here for 6 months. So something to consider.

[Crazy Cat 41,981]

8 minutes ago, Mike445 said:

Hey y’all. I’m a Canadian citizen and my fiancé is an American citizen. We are heading down to Arkansas for a week to be married in front of her family. My parents are coming with us. My fiancé stays with me in Canada frequently and i spend lots of time with her in the USA. We have been dating for 2 years and engaged for a year. I’m 44. She is 23. Neither of us have any criminal records or immigration issues.

 

My questions are as follows.

 

1)I do not need a K1 to get married inside the USA because I’m leaving after the wedding correct? I only took a week off work. We get married in a Saturday and back to Canada on Monday.

 

2)To start the spouse visa is it better my fiancé stays in the USA or comes back to Canada with me? Even if she comes back with me  will be crossing the border into the USA every weekend April through October so she can go to work.

 

3)Once Visa is granted can I stay in Canada and work (I may be signing a 12 month contract at work in May) and still get status in the USA or is it better to wait to apply for a spouse visa?

 

So many questions and neither of us have a clue where to start. Thank you.

1.  You do not need a K-1 to marry inside the US if you are going back to live in Canada during the spousal visa processing.  It would be visa fraud if you entered the US with the intent to marry and STAY (Adjust Status).

2.  A CR-1 spousal visa can be submitted from anywhere.  However, your US citizen spouse must demonstrate that he/she has domicile in the US, and that you both intend to reside. As a USC, she can enter the US freely. Be aware that only a US citizen is guaranteed entry to the US at any given time.

3.  Once the CR-1 is issued, you will have , generally, 6 months in which to enter the US using that visa.  Although you will be able to leave the US immediately for trips, you must fulfill the residency requirements to maintain your status.

Currently, time from submission of paperwork to visa-in-hand is about 12-14 months.

 

This web site has a very valuable "Guides" section.  This is a good place to start:  http://www.visajourney.com/content/i130guide1

 

By the way, Arkansas is beautiful.  I am a native of that great state.

[acidrain 325]

You do not need a K1 to get married but when asked about the purpose of your trip tread cautiously. I was not intending to move to the US when I married in Vegas but knew crossing with a dual citizen may prompt scrutiny. As others have said make sure to travel with proof you will return to Canada.

 

Crossing the border after marriage is not an issue for most Canadians but travel with proof you are immigrating legally. The border can get weird with cross border relationships on both sides. As long as either one of you are truthful you shouldn't have a problem.

 

In order for your wife to sponsor you on a spousal visa she will need to show she can financially support you 125% over the poverty line. She can use a joint sponsor located in the US if she does not have a job or assets to meet the requirement. 

 

Keep in mind you have up to 6 months to activate the US green card. It is a requirement to reside in the US once you are given one. As this is a US immigration forum you may not get a concrete answer as to whether your fiancé can live in Canada.

[Mike445 28]

 Thank you all very much for your information! Just to clarify she will not be living in Canada. She comes to stay with me for either a week at a time in the summer or a month at a time in the winter. Her residence is in Arkansas but she works in Youngstown New York in the spring summer and fall.  We will be married in April and she will come back and work in Youngstown New York spending a few days a week with me and working on the weekends. In November we will be going down to her house in Arkansas for Thanksgiving. She will remain there and I will travel back to Canada. We will apply for the visa at that time.  Does this sound feasible to everybody in the know?  Does anybody think a lawyer is necessary? 

 

 As for when we get married what can I use for proof that I am coming back?  Will a letter from my job stating I am off for a week be sufficient? 

 

 Thank you all so much. You don’t know how much I appreciate the information. 

[Mike445 28]

On another note, we stopped in and talked to immigration coming to Canada once during the summer and they said after we are married to stop at the border with the marriage certificate and my fiancé can get a visitor record which will allow her to go back-and-forth and stay in Canada without any issues. We will do that for her even though we do not plan on living in Canada when we finally settle.

[acidrain 325]

Proof of coming back to your job or home ownership/lease are two big ties. In 99% of border crossings there are no problems. I'd hate for you to be part of the 1% on the way to your wedding.

 

You have a clear and concise plan so I doubt you will have any issue on either side of the border. When they notice an accumulated amount of time they can start to ask where you plan on living. Just be careful for either of you to spend "too much time" in the opposite country. Another poster reported after spending 75% of her time in the US she was denied entry. Both of you have jobs and residences to go back to so it's doubtful you will have a rough ride.

 

Be prepared for a long process after you file for the CR1 from Canada (aka US green card). The process has taken me a year to get to the final interview stage. Most people on VJ did not use a lawyer. Unless you have a complicated case (which it does not sound like) lawyers turn into glorified data entry workers. They charge up to $5,000 to fill out forms you can do yourself. If both of you are employed you should have no problem doing everything yourself.

[Mike445 28]

8 minutes ago, acidrain said:

Proof of coming back to your job or home ownership/lease are two big ties. In 99% of border crossings there are no problems. I'd hate for you to be part of the 1% on the way to your wedding.

 

You have a clear and concise plan so I doubt you will have any issue on either side of the border. When they notice an accumulated amount of time they can start to ask where you plan on living. Just be careful for either of you to spend "too much time" in the opposite country. Another poster reported after spending 75% of her time in the US she was denied entry. Both of you have jobs and residences to go back to so it's doubtful you will have a rough ride.

 

Be prepared for a long process after you file for the CR1 from Canada (aka US green card). The process has taken me a year to get to the final interview stage. Most people on VJ did not use a lawyer. Unless you have a complicated case (which it does not sound like) lawyers turn into glorified data entry workers. They charge up to $5,000 to fill out forms you can do yourself. If both of you are employed you should have no problem doing everything yourself.

Well proof of job is very easy. The house I live in is owned by my parents.

 

This has been years in the making now. I spend about 2 to 3 months per year in the USA and she spends around 5 months on Canada.  Her residence is her dad’s house in Arkansas. In the summer she stays at the campground she works at.

 

I don’t care how long the process takes. I just wanted done legally. As long as I can continue to travel back-and-forth I’m in no hurry. I have a good job, making decent money, and we do get to spend a lot of time together. I think we are going to attempt this without a lawyer.  She doesn’t make very much money but her dad is more than willing to be a cosponsor. He does very well.

 

Thank you so much for your Info. Any advice you can give me would be greatly appreciated.

[acidrain 325]

As long as you don't come down with a car full of stuff I'm sure you'll be okay. Proof of ties can include car insurance, bills, appointments, bank accounts, etc. that show you have something to come back to. You have a clear path to what you want to do so if customs asked they would see that.

 

That's great you both have taken steps to be with each other without rushing. With her dad being a co-sponsor you shouldn't have an issue with the i864 (AOS).

 

I have gone through the process without needing a lawyer to fill out all the paperwork. I am sure you guys won't have any issues doing it yourself.

Edited February 8, 2018 by acidrain

[Mike445 28]

25 minutes ago, acidrain said:

As long as you don't come down with a car full of stuff I'm sure you'll be okay. Proof of ties can include car insurance, bills, appointments, bank accounts, etc. that show you have something to come back to. You have a clear path to what you want to do so if customs asked they would see that.

 

That's great you both have taken steps to be with each other without rushing. With her dad being a co-sponsor you shouldn't have an issue with the i864 (AOS).

 

I have gone through the process without needing a lawyer to fill out all the paperwork. I am sure you guys won't have any issues doing it yourself.

Since myself, my mother, my father and my fiancé were all driving down together we have rented a minivan for a couple weeks. We will each have a bag or suitcase and nothing more.ill have my suit.  She will have her wedding dress.  I will bring my car insurance and bank account information with me. Thank you so much for the tips. We are heading down to Youngstown New York in the morning. I might head inside and asked some questions at immigration. Is that a bad idea?

[acidrain 325]

If the amount of stuff you are traveling with matches the amount of time you are gone you won't have any problems. If you were packing the minivan to the roof and saying you would be back in 3 days that might raise eyebrows. 

 

It's your discretion whether to ask any questions about immigration. I have phoned various POE's and asked questions. Some crossings are more helpful than others. I am not sure if asking specific questions would be seen as you trying to circumvent the rules. It might depend on what's being asked. 

[Mike445 28]

37 minutes ago, acidrain said:

If the amount of stuff you are traveling with matches the amount of time you are gone you won't have any problems. If you were packing the minivan to the roof and saying you would be back in 3 days that might raise eyebrows. 

 

It's your discretion whether to ask any questions about immigration. I have phoned various POE's and asked questions. Some crossings are more helpful than others. I am not sure if asking specific questions would be seen as you trying to circumvent the rules. It might depend on what's being asked. 

Yes the amount of stuff we pack will reflect the week we are gone. We will not overpack. 

 

Thank you! I’ll skip the question period I had planned. The more I think about it the sketchier it seems. 😂😂