My fiance and I both live in canada but will be moving to the USA

[aaron2020 11,651]

Hi,

 

You have two choices.  Neither of them is quick.  US immigration is never quick.

 

1.  A K-1 fiance visa which takes about a year to get and requires him to enter the US as a single man and marry in the US.  Then, he needs to file to adjust status for a green card.  While waiting for a green card, he needs to obtain AP which takes about 6 months.  If he leaves the US without AP, he abandons the entire process.  So, this path is not going to work if he intends to cross the border daily to go to work.

 

2.  A spousal visa which takes about 12-18 months to get and when he enters, he automatically gets a green card.  He would be able to cross the border to go to work.

 

My advice is to get a civil wedding and start the spousal visa process.  You can still have your wedding in Canada in August.  

Best of luck.  

3 minutes ago, kaelyra said:

Its just going to be very hard if he cant keep his job in canada while we go through the process. So im wondering if there is a way he can come down to the USA with me but still work in canada until he gets his green card to work in the usa.

No.

[Cndn 98]

Your best bet is to get married and then file for a CR1 spouse visa. You can live and work and wait in Canada until he gets his visa. The K1 doesn’t sound like a good option for you since you prefer your spouse to be working (K1 is not a great option anyway). 
 

CR1 spouse visa. 

[kaelyra 1]

aaron: when you say takes 12-18 months. Meaning 1. we have to get married first to even be allowed to apply for it? and 2. the 12-18 months would be from the date that we applied for the visa?  In that 12-18 months, he would have to be in canada still until he gets approved?

Seriously thank you soooooo much for all this information! everyone is so helpful and wonderful on this site its amazing 🥰

[aaron2020 11,651]

P.S.  Have you been filing US tax returns?  US citizens are required to report their worldwide income even if nothing is earned in the US.  With the FEIE, you wouldn't owe any US taxes if your income is under $100,000. 

Also, read the I-864 Affidavit of Support.  You need to meet the financial requirements to bring a relative to the US as an immigrant.  

 

[payxibka 10,044]

2 minutes ago, kaelyra said:

aaron: when you say takes 12-18 months. Meaning 1. we have to get married first to even be allowed to apply for it? and 2. the 12-18 months would be from the date that we applied for the visa?  In that 12-18 months, he would have to be in canada still until he gets approved?

Seriously thank you soooooo much for all this information! everyone is so helpful and wonderful on this site its amazing 🥰

12 to 18 months is a swag, as Montreal is seriously backed up due to COVID.  

 

Yes the 12 to 18 is from the filing of the petition which cannot happen until the marriage event has occurred 

Edited September 22, 2020 by payxibka

[aaron2020 11,651]

4 minutes ago, kaelyra said:

aaron: when you say takes 12-18 months. Meaning 1. we have to get married first to even be allowed to apply for it? and 2. the 12-18 months would be from the date that we applied for the visa?  In that 12-18 months, he would have to be in canada still until he gets approved?

Seriously thank you soooooo much for all this information! everyone is so helpful and wonderful on this site its amazing 🥰

Yes, you need to be married to file for the spousal visa - this is why I suggested the civil wedding now.  You file an I-130 petition with USCIS.  When that gets approved, the case moves to the NVC where you pay more fees and your spouse would apply for an immigration visa.  Then, an interview with the US Consulate in Montreal.  He can not move to the US until he gets the immigrant visa.  He can visit the US, but there is absolutely no way that he can cross the border daily until he gets an immigrant visa.  

 

Please read the Guides to know what is required of you and him.  This is not a quick process.  You will be separated.  This is the price you have to pay.  

Edited September 22, 2020 by aaron2020

[kaelyra 1]

7 minutes ago, aaron2020 said:

Yes, you need to be married to file for the spousal visa.  You file an I-130 petition with USCIS.  When that gets approved, the case moves to the NVC where you pay more fees and your spouse would apply for an immigration visa.  Then, an interview with the US Consulate in Montreal.  He can not move to the US until he gets the immigrant visa.  He can visit the US, but there is absolutely no way that he can cross the border daily until he gets an immigrant visa.  

 

Please read the Guides to know what is required of you and him.  This is not a quick process.  You will be separated.  This is the price you have to pay.  

Does this all remain true if we get married in canada? what if we got married in the states?

[aaron2020 11,651]

Just now, kaelyra said:

Does this all remain true if we get married in canada? what if we got married in the states?

It doesn't matter where you get marry.  The process will be the same.  There are no short cuts.  

[kaelyra 1]

13 minutes ago, aaron2020 said:

P.S.  Have you been filing US tax returns?  US citizens are required to report their worldwide income even if nothing is earned in the US.  With the FEIE, you wouldn't owe any US taxes if your income is under $100,000. 

Also, read the I-864 Affidavit of Support.  You need to meet the financial requirements to bring a relative to the US as an immigrant.  

 

I have been filing taxes in both countries. my source of income is the USA

1 minute ago, aaron2020 said:

It doesn't matter where you get marry.  The process will be the same.  There are no short cuts.  

perfect thank you! just checking

[Boiler 43,711]

4 minutes ago, kaelyra said:

Does this all remain true if we get married in canada? what if we got married in the states?

After his visit when he gets married he goes back to Canada, meanwhile you file for him to Immigrate.

[Boiler 43,711]

30 minutes ago, kaelyra said:

Its just going to be very hard if he cant keep his job in canada while we go through the process. So im wondering if there is a way he can come down to the USA with me but still work in canada until he gets his green card to work in the usa.

He can keep his job in Canada whilst you go through the process.

[PaulaCJohnny 712]

.

Edited September 22, 2020 by Paula&Johnny

[kaelyra 1]

38 minutes ago, aaron2020 said:

It doesn't matter where you get marry.  The process will be the same.  There are no short cuts.  

DM'd you for more info

[Lemonslice 4,583]

4 hours ago, kaelyra said:

DM'd you for more info

I strongly suggest you ask questions in the forum, this way, wrong information can be corrected by others.

 

@aaron2020
is great, nothing about him directly, just the nature of the forums.

[NikLR 13,220]

~~moved to what visa do I need from K1 process and procedures.  OP is asking about visa paths~~