XPeter3994

17 minutes ago, kynight said:

Well in British Columbia, or at least Surrey, they require your birth certificate (which her mom had locked up at the time) and a big fee. But in Bellingham, WA (and most US towns) they only ask for your ID/driver's license - you pay a small fee, sign the paper and it's done. Then you get married by an ordained person in the area possibly on the same day, maybe even a clerk in the same building if there are 2 witnesses. So it doesn't have to be a spectacle that takes days. But I personally wouldn't tell the Border that you guys are getting married during the 10 weeks. I did but I was lucky and ignorant at the time. It doesn't really matter which state, even though I live in NC my marriage was in WA, still recognized nationwide.

Gotcha.  For us to get married in Canada it'll be $300 -- not as cheap as the ~$50 it would cost in my county, but it'll be more convenient for her to get married up there so I don't mind spending the extra cash as long as the visa process remains pretty much the same.  Thanks for your advice!

10 minutes ago, kynight said:

I also married a Canadian and faced the same dilemma. It's easier in my opinion to marry in the US (less paperwork at least). I married in the US. I don't suggest changing your intended length of stay. Border Patrol doesn't like to be lied to and they copy every thing that was told to them, it may work against you once she has her visa to come to live. Why not have her visit you in US, then get married, then once the marriage certificate arrives in the mail you have proof that you're married and can file for spouse visa. 

 

Or.... marry in Canada. Then file the i130 petition. Then you guys can at least tell the Border Patrol that you have a petition pending. Preferably you should wait until you have mail from USCIS to show them as proof. But my first suggestion is much more realistic. And also never, ever ever get an aggressive attitude with a border patrol officer. If they say no, it means no. But at least u have next time. 

 

She also shouldn't pack too many belongings or they may think she's planning to stay. 

Gotcha, so based on what you and everyone else has said I'll be up front about her intention of staying 10 weeks.  I'm curious though, why do you say it's significantly easier to get married in the US versus Canada? If I marry in Canada and get a marriage certificate from the state, what difference does it make? 

Hi all,

After doing some research, my fiance (Canadian Citizen) and I (US Citizen) have decided that we will be applying for a CR-1 Visa.  Our plan is to get married in Canada, and then fly back to the USA and send in the paperwork for the CR-1 while she is here, which from what I've read on the forum is legal.  Our original plans were for her to stay in the US for ~10 weeks during the summer and then return to Canada in the fall while we wait for the CR-1 to be processed.  My concern is, though, that CBP will not allow her to stay for that extended duration and she will get turned away at the border even while carrying proof of intent to return (Bank statements, tax returns, return ticket).  So my question is:

Is it legal to book a round-trip flight for lets say a week (Which will presumably arouse a lot less suspicion) and then cancel her return flight while booking another return flight for ~10 weeks later? My understanding is that Canadians can legally stay in the US for 182 out of every 365 days, but I'm wondering if significantly changing the length of your intended stay once in the US is legal.  Thanks for any advice!

Thanks for the advice everyone  

Since she's a Canadian citizen and can visit with relative ease, I think we'll go with the CR-1 since she'll get her green card the fastest.  One last question: Let's say we get married in June in Canada, and then both travel back to my home in US -- Can we submit the I-130 while she is physically in the U.S. visiting? 

Thanks for the replies! 

Looks like Option B is out of the question then, we want to remain legal at all times.  Since getting her a Green Card/Work authorization is top priority, would a K-1 be any faster than a CR-1? Sounds like I'm looking at 10-12 months either way.  

Hi there, 

I'm a U.S. citizen with a girlfriend who is a Canadian citizen.  We have been dating for 4+ years (Throughout college) and have decided that we want to take the next step and live together in the US.  We initially tried to go the TN route, but she was unable to find a company who wasn't afraid of the phrase "TN Status".  We're now looking at marriage based visas, and I've carved out two paths:  

Option A) Filing I-130 (For a CR-1 Visa) WITHOUT I-485.  Get married in Canada.  She comes to visit me for a couple months over the summer (July - August) and then returns to Canada until the CR-1 has been processed and she receives her Green Card.

Option B) Filing I-130 (For a CR-1 Visa) WITH an I-485.  She comes to the US, and I propose.   We get married and send in the I-130 and I-458 at the same time, and she stays here for the entire duration of the document processing.

My question is: Are both of these options legal? Does one have a benefit over the other? Appreciate any insight! 

Hello all,

Stumbled upon this forum recently and have learned a lot about the immigration process! Hoping that I could get some advice on my situation:  

My girlfriend and I have been dating for almost 5 years, she is a Canadian citizen and I am an American citizen.  We're both college educated - I have a job in New York, and she is graduating this spring.  We were initially investigating the TN-1 route, but she has had little luck applying for jobs here (Smart girl, chemical engineer, just no dice).  As far as I can tell, this leaves us with two options: the CR-1 visa, and K-1 visa.  

Although I am fine with supporting her indefinitely, she's worked hard for her degree and understandably wants to get a job in her field as soon as possible.  From the information I've gathered online, the steps below would be the quickest route to a work permit (1 year by my estimate), but please let me know if I'm wrong: 

1) Get married in Canada

2) Come back to the US, and file the I-130 (Question here: Could we legally get married in Canada, come back together to the US, and then file the CR-1 petition while she is visiting here? I know that Canadians are allowed to stay in the US for 180 days and can visit while the I-130 is processing, but I'm not sure if we can file while she is physically in the country)

3) Have her live with me during the summer, and then go back to her parents until the visa is done processing

4) After her visa is granted, she comes to the US and begins applying for jobs

One thing to note: She did an internship here on a J-1 visa and has a social security card/number, not sure if that changes anything.

Any advice is appreciated!