Fiance (K-1) or Spouse (CR-1) Timeline

[ImmigrationAssist 0]

I am a Canadian Permanent resident and intend to marry a US citizen. My question is this, I'm unsure of which is the best route, Fiance (K-1) or Spouse (CR-1) for me to get a future residency in the USA approved. I've seen a lot about them online but no up to date comparisons. Should I marry my boyfriend in US versus Canada more from the perspective of processing times for the I-485 ( Application to Register Permanent Residence or Adjust Status) and I-765 (Application for Employment Authorization). Would it simplify the process if I am sponsored by my boyfriend as his foreign spouse. I am looking to come to US fastest what does the time look like for K1 and CR-1

 

Other thing I've been considering is to travel to US on tourist visa(I already have one and my brother resides in US) and then get married. My concern here is would I­t­ be considered illegal to get married while on a tourist visa and travel back to Canada after getting married. I know I­t­ is illegal to enter on a non-immigrant visa with the intent to seek an immigrant status. Will the former be considered as a visa fraud somehow by US authorities.

[HRQX 4,145]

7 minutes ago, ImmigrationAssist said:

Other thing I've been considering is to travel to US on tourist visa(I already have one and my brother resides in US) and then get married. My concern here is would I­t­ be considered illegal to get married while on a tourist visa and travel back to Canada after getting married. I know I­t­ is illegal to enter on a non-immigrant visa with the intent to seek an immigrant status. Will the former be considered as a visa fraud somehow by US authorities.

Marriage during a genuine B-2 visit is allowed: https://uk.usembassy.gov/visas/immigrant-visa-faqs/

We are traveling to the United States to marry and will return to the United Kingdom after marriage. Do I still need a fiancé(e) visa?

If you will return to your permanent residence you may apply for a tourist B-2 visa, or if eligible, travel visa free under the Visa Waiver Program.  At the time you apply for the visa and/or travel to the United States you will be required to show that you have a residence outside the United States that you do not intend to abandon. There is no set form that this evidence takes as it varies with each person’s circumstances.

[SalishSea 17,556]

1 hour ago, ImmigrationAssist said:

I am a Canadian Permanent resident and intend to marry a US citizen. My question is this, I'm unsure of which is the best route, Fiance (K-1) or Spouse (CR-1) for me to get a future residency in the USA approved. I've seen a lot about them online but no up to date comparisons. Should I marry my boyfriend in US versus Canada more from the perspective of processing times for the I-485 ( Application to Register Permanent Residence or Adjust Status) and I-765 (Application for Employment Authorization). Would it simplify the process if I am sponsored by my boyfriend as his foreign spouse. I am looking to come to US fastest what does the time look like for K1 and CR-1

 

Other thing I've been considering is to travel to US on tourist visa(I already have one and my brother resides in US) and then get married. My concern here is would I­t­ be considered illegal to get married while on a tourist visa and travel back to Canada after getting married. I know I­t­ is illegal to enter on a non-immigrant visa with the intent to seek an immigrant status. Will the former be considered as a visa fraud somehow by US authorities.

Both processes will take a couple of years, particularly with Montreal's well known backlogs.  Neither is fast, and the CR-1 has several additional advantages, including having a green card straight away so that you can work and travel.  The work/travel authorizations for those adjusting from K-1s currently is taking ~ 8 months.

 

You can enter the US to marry, but you cannot stay and adjust status.  That is immigration fraud.

[Ryan H 3,810]

Moved from IR-1/CR-1 Progress Reports to What Visa Do I Need - Family Based Immigration forum.