Canadian to marry US citizen

[Carrieretl 0]

I am Canadian (24yrs.old) living in Windsor, Ontario .. my fiancée is a US citizen and he is living in Michigan right across the border.

My questions are:

1. We plan on getting married ASAP, can we just "get married" or should I file paper work. A lawyer over here advised me that doing the paper work just takes time and I should just get married then do the paper work??

2. After getting married can I cross back to Canada right away?? My mom is ill and I still would be taking care of her, so I would need to come back all the time.

3. Would obtaining a K1 visa would be pointless for us since I live 20 mins. away from him..??

* I am currently in school in Michigan I have a "f1 Visa"-

I commute everyday back and forth to school.

*Anything else that I should do or know would be a great help to me!!!

I'm just lost on where to start.

[jg_am 0]

Check out the Canada forum, there's a few people with similar sitations(border towns). I don't think a K-1/K3 is quicker than another but it was at some point a K3 was faster. A k3 will also allow for multiple entries, right away, while a K1 is only good for a one-time entry. If you leave the US on a K1 without advance parole or a green card, you can't come back in.

http://www.visajourney.com/forums/index.php?showforum=93

Edited June 12, 2007 by jg_am

[pushbrk 13,729]

Check out the Canada forum, there's a few people with similar sitations(border towns). I don't think a K-1/K3 is quicker than another but it was at some point a K3 was faster. A k3 will also allow for multiple entries, right away, while a K1 is only good for a one-time entry. If you leave the US on a K1 without advance parole or a green card, you can't come back in.

http://www.visajourney.com/forums/index.php?showforum=93

I would look into getting married and filing to adjust status. Read Guides on that carefully and determine whether it applies to you. I would also suggest posing this question in the Canada Regional forum.

[Chica Yeyé 41]

My utterly non-expert advise would be to get married and file for AOS - howeverrrrr, I don't know if they'll make a fuzz out of you marrying while on a student visa... I don't think it should be much of a problem though.... wisdom and loving help, anyone?

L.

[pnd629 0]

Since you already have a visa to get you across the border, it seems to me that you don't need a fiance visa.

You can "just get married" and file the paperwork later. You will need to file Adjustment of Status paperwork which requires some "proof" that you have a bonafide marriage.

[Dan J 277]

Your situation is probably going to be a bit complicated. Do you mean that you commute from Canada to go to school?

It is possible to file for AOS directly with on other visas provided that you already are in the country and you didnt have the intention to marry when you last entered. If you are entering every day, you may have trouble with that requirement. Even if you were able to file AOS directly, you would have to be in the US, until you were granted AP or recevied your greencard.

K-1 allows only one entry, and you cannot leave and reenter until you have AP or your greencard.

k-3 requires that you are married first, but allows multiple entries up to 2 years.

CR-1/IR-1 will get you a green card right away, though with a bit longer processing.

With any of the visas processing, you may find it difficult to cross the border.

[pushbrk 13,729]

Your situation is probably going to be a bit complicated. Do you mean that you commute from Canada to go to school?

It is possible to file for AOS directly with on other visas provided that you already are in the country and you didnt have the intention to marry when you last entered. If you are entering every day, you may have trouble with that requirement. Even if you were able to file AOS directly, you would have to be in the US, until you were granted AP or recevied your greencard.

K-1 allows only one entry, and you cannot leave and reenter until you have AP or your greencard.

k-3 requires that you are married first, but allows multiple entries up to 2 years.

CR-1/IR-1 will get you a green card right away, though with a bit longer processing.

With any of the visas processing, you may find it difficult to cross the border.

Yes, you would need to look into all these things. If you are commuting every day instead of living in the US, that could complicate things quite a bit. I was thinking of CR1 by direct Consular Filing, rather than through a service center. I suspect some Canadians in the regional forum know more about the border town related issues.

[Jeremy + Kristy 0]

You may want to look into getting married first and filing for a K3. My fiancee and I probably should have done that as well (we're a Sarnia/Port Huron couple). Although, you MAY be able to simply adjust status, but as you are living in Windsor, and not in Detroit, that may be a problem. Not sure on the specifics of that student visa. I'd imagine you could live in the States with it. Consultation with an immigration lawyer may help.

[TimsDaisy 0]

I know someone else here on VJ had a similar concern about being able to continue to travel between countries. I think they found a way to do it, but I don't think they really reported back on it.

As I said to that other couple - I find it basically impossible to believe there are special processes for Canadian/US couples because it can't be an uncommon situation. As it is, I know there are special passes and processes for frequent US/Canada border crossers. Some more research and perhaps a consulation with a qualified immigration attorney is a good idea.

[Udella&Wiz 325]

I think the key is what does the F-1 visa allow? If you can live in the US on the F-1 then you will be better off getting married and then filing the K-3. If not then I don't see another option (unless you want to be married and apart) than filing the K-1.

[Cassie 8]

Your situation is probably going to be a bit complicated. Do you mean that you commute from Canada to go to school?

It is possible to file for AOS directly with on other visas provided that you already are in the country and you didnt have the intention to marry when you last entered. If you are entering every day, you may have trouble with that requirement. Even if you were able to file AOS directly, you would have to be in the US, until you were granted AP or recevied your greencard.

K-1 allows only one entry, and you cannot leave and reenter until you have AP or your greencard.

k-3 requires that you are married first, but allows multiple entries up to 2 years.

CR-1/IR-1 will get you a green card right away, though with a bit longer processing.

With any of the visas processing, you may find it difficult to cross the border.

Yes, you would need to look into all these things. If you are commuting every day instead of living in the US, that could complicate things quite a bit. I was thinking of CR1 by direct Consular Filing, rather than through a service center. I suspect some Canadians in the regional forum know more about the border town related issues.

DCF in Canada requires that the USC in the relationship has to be a permanent resident of Canada. Since it seems the fiance currently lives in Michigan, DCF is not an option in this case.

to the OP: I personally would do some searching for a lawyer well versed and experienced in immigration law. With your student visa, your mom's health and other things to take into consideration, your situation is a bit complicated.

[bszoom42 0]

A lawyer over here advised me that doing the paper work just takes time and I should just get married then do the paper work

I would go with what your lawyer says. Lawyer's job is to advise; our job is just to share information and our experiences.

Best of luck!

[Cassie 8]

A lawyer over here advised me that doing the paper work just takes time and I should just get married then do the paper work

I would go with what your lawyer says. Lawyer's job is to advise; our job is just to share information and our experiences.

Best of luck!

and many lawyers have been proven to not know squat about immigration laws.

With that being said, there are experienced and reliable lawyers out there. I personally would do some research, find a reputable one, and at the least get a second opinion.