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Blackhawks_Fan97

Boyfriend in Canada

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My boyfriend currently lives in Canada. We want to get engaged and then married and him come live in the U.S. with me. What would be the steps we need to follow in order to do this? I'm looking for a complete list of what we need to do from the beginning to the point where he is a legal U.S. Citizen who is able to work. 

Thank you so much for helping us, 

We appreciate it! 

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23 minutes ago, Blackhawks_Fan97 said:

My boyfriend currently lives in Canada. We want to get engaged and then married and him come live in the U.S. with me. What would be the steps we need to follow in order to do this? I'm looking for a complete list of what we need to do from the beginning to the point where he is a legal U.S. Citizen who is able to work. 

Thank you so much for helping us, 

We appreciate it! 

Well you currently have 2 routes to go right now. He will not be able to become a US Citizen for at least 4-5 years after you initially file for either visa. 

 

1. You can file for him as a K1 fiance visa. After about 9 months he can come to the USA for you two to get married. You will then have to file for AOS after you get married so he can adjust status, get a green card, and work. The period he will have to wait to work is about 4 months after you file for AOS. Follow the guide here: 

https://www.visajourney.com/content/k1guide

 

2. You two can get married file for the CR1 visa and after about 12 months he can come to the USA with a greencard. Once he comes to the USA he will be able to work right away. The guide for this is here: https://www.visajourney.com/content/i130guide1

 

 

FYI there is no K3 visa at all so don't waste your time on that, and he will be able to visit you during each of these routes.

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14 minutes ago, Cyberfx1024 said:

Well you currently have 2 routes to go right now. He will not be able to become a US Citizen for at least 4-5 years after you initially file for either visa. 

 

1. You can file for him as a K1 fiance visa. After about 9 months he can come to the USA for you two to get married. You will then have to file for AOS after you get married so he can adjust status, get a green card, and work. The period he will have to wait to work is about 4 months after you file for AOS. Follow the guide here: 

https://www.visajourney.com/content/k1guide

 

2. You two can get married file for the CR1 visa and after about 12 months he can come to the USA with a greencard. Once he comes to the USA he will be able to work right away. The guide for this is here: https://www.visajourney.com/content/i130guide1

 

 

FYI there is no K3 visa at all so don't waste your time on that, and he will be able to visit you during each of these routes.

Which would be the easiest method? 

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11 minutes ago, Blackhawks_Fan97 said:

Which would be the easiest method? 

If you want your bf/fiance here the fastest then the K1 is the fastest.

If you want/need him to be able to have his greencard and work right away then the CR1 is the best. The CR1 is only a couple months longer these days so it's all up to you what you want to do. 

 

A lawyer will not be able to speed up the process at all. Also since your bf is a Canadian then he can come to USA for a visit if he wants.

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41 minutes ago, Blackhawks_Fan97 said:

Which would be the easiest method? 

Neither. Both have certain advantages and disadvantages.

 

K1 requires adjustment of status (green card papers) after he arrives with K1 and marries you in the US. Boyfriend can't work or leave the US until he receives work/travel permit (EAD/AP). From start to finish, it can take you guys up to 2-2.5 years to get his green card. The adjustment phase is taking forever these days.

 

CR1 means he is a permanent resident immediately after his arrival in the US. Green card is mailed out shortly after and he can use it work and travel. There is no adjustment, so it's cheaper overall. It takes about a year and some change, but CR1 requires you to first get married (anywhere you want) before filing any papers.

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39 minutes ago, mushroomspore said:

Neither. Both have certain advantages and disadvantages.

 

K1 requires adjustment of status (green card papers) after he arrives with K1 and marries you in the US. Boyfriend can't work or leave the US until he receives work/travel permit (EAD/AP). From start to finish, it can take you guys up to 2-2.5 years to get his green card. The adjustment phase is taking forever these days.

 

CR1 means he is a permanent resident immediately after his arrival in the US. Green card is mailed out shortly after and he can use it work and travel. There is no adjustment, so it's cheaper overall. It takes about a year and some change, but CR1 requires you to first get married (anywhere you want) before filing any papers.

So how would the marriage process go? Go to the court house, get married, (what paper work would we need to fill out at this point?), then he goes back to Canada until his green card arrives? 

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9 minutes ago, Blackhawks_Fan97 said:

So how would the marriage process go? Go to the court house, get married, (what paper work would we need to fill out at this point?), then he goes back to Canada until his green card arrives? 

I'm guessing you are referring to the CR1 process. In that case, almost but not quite. You two can get married anywhere at the courthouse (doesn't matter if it's Canada or US). Then you (the US citizen) file CR1 papers. He attends an interview at the Montreal consulate. He receives the CR1 visa, which he uses to enter the US. After that, his physical GC will be mailed to him.

 

Edit: aa for paperwork, refer to Cyberfx's link for the CR1 guide above.

Edited by mushroomspore

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5 minutes ago, mushroomspore said:

I'm guessing you are referring to the CR1 process. In that case, almost but not quite. You two can get married anywhere at the courthouse (doesn't matter if it's Canada or US). Then you (the US citizen) file CR1 papers. He attends an interview at the Montreal consulate. He receives the CR1 visa, which he uses to enter the US. After that, his physical GC will be mailed to him.

Thank you so much for your help, I just want to make sure I have this straight. 
1. He comes to the US to visit. 
2. We go to the Court House, get married.
3. He goes back to (Toronto) Canada. 
4. I file for CR1. 
5. He attends an interview, in Canada. (How long will this process of setting up an interview take after I file?)
6. He receives the CR1 visa  (How long does this take after the interview?). 

7. He arrives in the US.

8. Green Card arrives.

9. He is now able to work and travel. 

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16 minutes ago, Blackhawks_Fan97 said:


5. He attends an interview, in Canada. (How long will this process of setting up an interview take after I file?)
6. He receives the CR1 visa  (How long does this take after the interview?). 

Interview happens about a year after filing.

 

He'll get the visa shortly after the interview (~2 wks-a monthish, I think), provided the interview goes smoothly and they do not need extra paperwork from you.

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Thread is moved from General Immigration Discussion to "What Visa Do I Need."


06-04-2007 = TSC stamps postal return-receipt for I-129f.

06-11-2007 = NOA1 date (unknown to me).

07-20-2007 = Phoned Immigration Officer; got WAC#; where's NOA1?

09-25-2007 = Touch (first-ever).

09-28-2007 = NOA1, 23 days after their 45-day promise to send it (grrrr).

10-20 & 11-14-2007 = Phoned ImmOffs; "still pending."

12-11-2007 = 180 days; file is "between workstations, may be early Jan."; touches 12/11 & 12/12.

12-18-2007 = Call; file is with Division 9 ofcr. (bckgrnd check); e-prompt to shake it; touch.

12-19-2007 = NOA2 by e-mail & web, dated 12-18-07 (187 days; 201 per VJ); in mail 12/24/07.

01-09-2008 = File from USCIS to NVC, 1-4-08; NVC creates file, 1/15/08; to consulate 1/16/08.

01-23-2008 = Consulate gets file; outdated Packet 4 mailed to fiancee 1/27/08; rec'd 3/3/08.

04-29-2008 = Fiancee's 4-min. consular interview, 8:30 a.m.; much evidence brought but not allowed to be presented (consul: "More proof! Second interview! Bring your fiance!").

05-05-2008 = Infuriating $12 call to non-English-speaking consulate appointment-setter.

05-06-2008 = Better $12 call to English-speaker; "joint" interview date 6/30/08 (my selection).

06-30-2008 = Stokes Interrogations w/Ecuadorian (not USC); "wait 2 weeks; we'll mail her."

07-2008 = Daily calls to DOS: "currently processing"; 8/05 = Phoned consulate, got Section Chief; wrote him.

08-07-08 = E-mail from consulate, promising to issue visa "as soon as we get her passport" (on 8/12, per DHL).

08-27-08 = Phoned consulate (they "couldn't find" our file); visa DHL'd 8/28; in hand 9/1; through POE on 10/9 with NO hassles(!).

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6 minutes ago, mushroomspore said:

Interview happens about a year after filing.

 

He'll get the visa shortly after the interview (~2 wks-a monthish, I think), provided the interview goes smoothly and they do not need extra paperwork from you.

I appreciate you being so patient with me. Do you have any idea how the marriage process would go with him being from Canada? Or insurance. I just find it weird that he would have to go back to Canada if we were married. I mean, I 100% understand... But I just feel more skeptical about the CR1 process. 

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5 minutes ago, Blackhawks_Fan97 said:

I appreciate you being so patient with me. Do you have any idea how the marriage process would go with him being from Canada? Or insurance. I just find it weird that he would have to go back to Canada if we were married. I mean, I 100% understand... But I just feel more skeptical about the CR1 process. 

You can also get married in Canada, or elope in the Carribeans.  Up to you really.  

 

Insurance: check with your insurance company.  Marriage: check with the authority where you are planning to get married.  You will have to do some research specific to your situation on your own. 

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18 minutes ago, Blackhawks_Fan97 said:

I appreciate you being so patient with me. Do you have any idea how the marriage process would go with him being from Canada? Or insurance. I just find it weird that he would have to go back to Canada if we were married. I mean, I 100% understand... But I just feel more skeptical about the CR1 process. 

I'm Canadian too. You're unlikely to run into issues. Insurance shouldn't be an issue after he gets his GC, but call the company. Marriage process depends on your state and county. I showed my Canadian DL as ID. It was fine. Foreigners are allowed to marry within the US provided they have identification. Not sure what you're skeptical of. CR1 is the only immigrant visa for spouses of US citizens. Your boyfriend wants to immigrate by way of you, his American spouse-to-be. Lots of people do CR1 successfully. K1 to green card takes too long these days.

Edited by mushroomspore

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2 hours ago, mushroomspore said:

 

 

CR1 means he is a permanent resident immediately after his arrival in the US. Green card is mailed out shortly after and he can use it work and travel. 

 

1 hour ago, Blackhawks_Fan97 said:

 

7. He arrives in the US.

8. Green Card arrives.

9. He is now able to work and travel. 

Minor correction to the above posts, he is able to work and travel as soon as he enters the US - he becomes a permanent resident as soon as he enters. He does not need to wait for the physical plastic green card, his CR1 immigrant visa once stamped for entry becomes a temporary green card valid for a year, and he can use that for anything he needs to show proof of status for.

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17 hours ago, Blackhawks_Fan97 said:

Which would be the easiest method? 

Nothing about immigration is easy, or fast.  Canadians do not have any advantage over other nationalities in the time it takes this process.  Whether you choose the K-1 or CR-1 route, it will be 1+ year before he is able to live and work in the US.

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