american and canadian seeking guidance

[htx_713 0]

hey whats going on guys! first post here like most others, but ill try to keep it simple and short.

 

a little background info: 

i am an american who met my now canadian fiance in mexico three years ago. after two years of almost daily communication/facetime/etc we decided to visit each other. my fiance came to visit me for a few weeks in texas, and after a few months passed i visited her in ontario for a few weeks. she then entered the US on a b2 and stayed the maximum 6 months. during that time, i proposed and we obtained a marriage license however we did not have time to tie the knot. with her visa expiration date approaching, i decided to come back to canada with her for six months. our initial plan afterwards was to have her re enter on a b2, marry in a few months then apply to adjust status. the only thing is wed rather NOT commit visa fraud and have her barred! so with that being said, we are in a pickle. i have three months left here in canada and im trying to establish the best route to take so we can go live back in tejas. we are trying to spend as little time apart as possible. 

 

weighing my options:

 

*should i try to extend my visitors visa here in canada, allowing myself more time to file for a k1 while staying here with her? once it would be approved we can come back, marry and adjust?

 

*should we obtain a marriage license and marry here in ontario then apply for the cr1?

 

*should i suck it up and go home to start the k1 asap? 

 

ive read that k3 is being phased out so i havent really considered that route. we are just looking for some guidance from those experienced couples, hopefully that have been in similar situations.

 

id love to hear back from yall. yes i have searched multiple forums, websites, youtube videos etc for the past year almost. its a vicious cycle of new information and surprises everyday. im at the point where im overwhelmed and would like some input from experienced people.

 

any advice, tips or opinions are greatly appreciated. thanks!!

[NikLR 13,232]

How independent is your fiancee? Does not being able to work or travel for 4-6 months seem okay to her? How about not being able to drive? Does it matter who is there for the wedding? Do you mind waiting 12-18 months before living together? 

 

You need to talk to each other and find out what is most important.  Neither process is fast but one is faster to visa and the other is faster to green card.  

 

(Visiting is okay during either the K1 or CR1 process.)

Edited April 28, 2018 by NikLR

[Boiler 45,952]

CR1 is the superior visa.

[Marzena & Stephen 544]

Hey! Yikes!!! i get your dilemma!

 

First off just wanted to say i am from Canada my fiance is from the USA and we also met in MEXICO! too funny. so i loved reading your story  we have an ongoing joke with every one of our friends who is single that they should go to mexico to find love. 

 

I agree with the above poster. 

 

My advise is go the Cr1 route.

K1 is taking forever and than after you get married in the USA and apply for all the other paperwork like AOS EAD and AP .. your fiance wont be able to work for at least 5 months and maybe not drive - depending on the state. 

 

But CR1 does also take a while.. just once your fiance is in the USA its smoother from there. 

 

 

 

 

Edited April 28, 2018 by Marzena & Stephen

[htx_713 0]

7 minutes ago, NikLR said:

How independent is your fiancee?

 

with a pretty nice savings and an extremely flexible job (which she is ready to leave when necessary) i would consider her pretty independent.

 

7 minutes ago, NikLR said:

Does not being able to work or travel for 4-6 months seem okay to her? How about not being able to drive? Does it matter who is there for the wedding? Do you mind waiting 12-18 months before living together? 

 

yes, she is ready mentally and financially to not work nor leave the us once applying to adjust status. she wont be able to drive either way seeing as her car is an un-importable canadian model. we are not having any family or friends when we do actually get married. it will just be us, the ordained and a witness. the not living together part is the issue we are trying to compromise.

 

7 minutes ago, NikLR said:

 

You need to talk to each other and find out what is most important.  Neither process is fast but one is faster to visa and the other is faster to green card.  

 

(Visiting is okay during either the K1 or CR1 process.)

 

[NikLR 13,232]

I mean independent, like she doesn't like to depend on someone else financially or for the ability to go somewhere by herself.  I would never have done the K1 for several reasons.  

First was inability to travel immediately. That's not normally an issue for everyone but I have a child who wanted to stay living in Canada. 

Second was inability to work.  I cannot stand feeling financially dependent nor can I sit at home for months at a time.  I need to feel productive. For me, that means contributing financially and being able to buy something without asking for money or justifying my spending. 

Third was inability to go where and when I wanted.  Yeah I LOVE to do things with my husband but I also like to do things by myself.  We only had one vehicle for a few years and that was often hard enough.  

If those things truly have no issue then file the I-129F asap. Get it started! Getting a marriage certificate in ON takes about 3 months so you may ask well get the party going on the K1 vs CR1.  The k1 will be 8-10 months regardless.  The CR1 is 12-14.  Put the 3 months of waiting before you can even file and that's 15-17 months. 

 

Edited April 28, 2018 by NikLR

[geowrian 22,338]

I'm not sure how relevant this is in this situation, but...

My wife an I are just learning that the gap in employment between when she left to come to the US and when she obtained her EAD and started working classifies her as "re-entering the workforce" when applying for a mortgage. Therefore, basically they won't accept her income for loan acquisition purposes.

[mrmvkjts 459]

I would agree to go the CR1 route!

You can work,travel etc immediately and don‘t have to wait for EAD and also the waiting time difference between K1 and CR1 is not too significant anymore!

 

 

[NikLR 13,232]

It was a shock for me to be paid significantly less for equivilant jobs from Canada.  $5 less per hour.  My EI checks were about the same as my first pay checks.   k1 have to wait for EAD to qualify for EI.  

Edited April 28, 2018 by NikLR

[Marzena & Stephen 544]

16 hours ago, NikLR said:

It was a shock for me to be paid significantly less for equivilant jobs from Canada.  $5 less per hour.  My EI checks were about the same as my first pay checks.   k1 have to wait for EAD to qualify for EI.  

Not to mention once you get the ead tou have to wait 3 weeks for them to process their paperwork (I'm still waiting )

 

And I agree..the pay scales are very different in USA and the prerequisits sre much higher. 

[NikLR 13,232]

5 years experience for an entry level job.  Lol