Vero Kir

~~Related questions merged. Please keep related questions together. It does help members give the best possible answers if the know the whole story.~~
 
 
Mod hat off
 
Sadly you will not be able to use your Canadian health care once you cross the border and get your visa endorsed. This applies to IR1/CR1 and even K1's. Canada will deem you as a non resident as soon as you get the visa endorsed. 
Now if you go the route of AOS you won't be able to cross into Canada for 6  to who knows how many months. So no using it then either, sadly once you apply for AOS, once again Canada will deem you as a non resident for Health Care. They have been cracking down on Canadians abusing the health care. How long until they catches up anyone's guess but they do tend to find out. 
 
Please research your options of health care in the US, before you start anything. Depending on your condition and where you are planning on living you may find great doctors very easily. You could even ask your Canadian doctor if they know someone in your area. You would be surprised what contacts doctors have. 
 
 

Right.  And OP, you won't be eligible for your provincial health coverage, according to many Canadians here on VJ.  I'll tag @Ontarkie because maybe she can clarify.  With a chronic health condition, you will want to make sure that your US spouse's workplace insurance covers the type of care that you need.
 
Currently, it is taking around 8 months to get advance parole/work permit.  I know you said you don't work, but you would have to decide whether being unable to travel back and forth for 8 months would be too much of a hardship.

This is what we call DCF and it's no longer an option because he already moved. There's also no guarantee, it's at the embassy's discretion to accept or deny an I-130 based on short notice job relocation. Perhaps they would have rejected the request anyway and told you to file like everyone else.
 
I think in your situation, since both of you are in the States already, AOS makes the most sense, however, you won't be able to leave the US until AP. It's a bit of an extreme situation: either adjust, stay in the US and then wait for AP to travel (can take months), or you have to leave the US and remain in Canada until you get CR-1 but you can visit for short periods during that time.
 
It seems like you need to decide which matters more during this immigration: doctors and support system in Canada or being with your caregiver spouse in the US. You have to pick one or the other, there's not really an option for anything in between and either option (AOS or CR-1) will be slow. I also believe if you move to the US (saying you went with AOS), your Canadian insurance might be cancelled (I can't say 100% but I've seen it mentioned on VJ) so you need to make sure you have a plan of action for health insurance in the US right away if you decide to stay.

Already edited my post to add that.

It doesn’t apply anymore as he already moved. He should have emailed the consulate to inquire about DCF while he was still in Canada to see if they would accept your case. Filing for CR1 spousal visa (i.e going the ‘regular’ route) is your option right now. You can also stay in the US and file for adjustment of status. Downside: you won’t be able to work and travel for 8-9 months.

Hi,

You have two choices.  Pros and cons to both.
 
1.  You can marry in the US and file to adjust status for a green card (legal permanent residency).  Pro: you get to stay together.  Con: You must stay in the US for at least 6-8 months to get your EAD/AP.   If you leave the US during this time, you will automatically abandon your adjustment and have to wait outside the US for up to 2 years to get an immigration visa.
 
2.  Go back to Canada.  Spouse files for you.  It can take up to 2 years to get a spousal immigration visa.  Pro: you get to go home.  Con: long wait to be together because visiting my not always be possible . . . i.e Covid.  
 
Ignore the "exceptional situations" thing.  It doesn't matter and doesn't apply to you.  Your adjustment as the spouse of a US citizen is super easy.  
 
Best of luck.

Not that it's needed, but LEAVING the USA, is all the documentation you need to disprove fraud....

Has your partner moved back to the US or are you both still living in Canada and this trip is a vacation?
You can get married in the US or Canada. Doesn't matter. 
You can file the I-130 while you're still in the US or you can wait until you return to Canada. 
You might want to wait to file after you've left as some Canadians report issues filling out Part 4: Beneficiary's Entry Information. 
 

Just a little confused: so you both live in Canada now, but you want to get married in the US and not Canada? I'm not familiar with Canada's laws so forgive me if this is a dumb question.
 
No special document or rule to get married in the US as long as you can both enter freely with the right documents. I guess my only concern is, if you live together in Canada - why not just get married in Canada? I could see CBP maybe finding it odd should the purpose of travel question come up and marriage is named as the reason yet you both live together in Canada. I'm not trying to be harsh, just trying to understand your situation and reasoning.

The OP mentions in the opening post that she's visiting her partner in the US and does not feel safe traveling at this time due to Omicron.
 
Of course, she will need to travel to Canada before her six months visit privilege expires.

I had a same situation before. Had a tourist visa from PH, travelled in US to visit my partner but we decided to get marry here. It just took us 5 months to get my permanent residency after filing for change of status. The downside is you can't go out of the country (US) until you get your Permanent Residency or your Advance travel parole. The process was smooth as long as you submitted all the documents needed and file all forms that you need to file. 

Make sure you arrange proper medical care in the US prior to your final move, as you will lose your provincial health care once you become a US resident and move on your Cr-1 visa. 
 
Good luck 

Get married, and return to Canada.  Your spouse can petition you with a CR-1, and you can continue to visit at the discretion of the CBP.

You do not need a reason other than wanting to marry, to marry in the US.
 
Covid or otherwise.

I am not aware of anything needed other than applying for a marriage license with your and you future spouse’s IDs.  It is perfectly legal to enter the US on a visitor visa ( I know, for Canadians it is more like granted visit) get married and leave to subsequently file for a spousal visa.  You can continue to visit.

Yes. Marry here.. file the I130
application but ensure you don't overstay your visit.. head home to wait out the process but you should be ok to continue to visit.  It will be up to the CBP Officer at each entry