Get married and leave

[Tausif 0]

Hello friends,

I am a regular visitor to this board as it is always informative to spend time here. Now I need some advice on an issue.

My fiancé who is from India had received her Canadian permanent resident card about 2 and half months ago. She would like to come to the U.S on a visitor’s visa, get marry and then she would like to go back to Canada. I have been hearing from different people that it is not advisable to marry while one is in the U.S on a visitor’s visa. I want to know if it will still create issues if she goes back and lives in Canada while I file for her K3 visa petition so she can come back here in a year or so on an immigrant visa. I know K1 visa is another option but as she is studying in Montreal we just thought it would be a better idea to get married and file directly for K3 as both visas take almost same amount of time approximately.

Another Question, is it really hard to get a U.S tourist visa for a recent Canadian PRs?

Thank you in advanced for all your help and advice.

TK

[pushbrk 12,599]

Hello friends,

I am a regular visitor to this board as it is always informative to spend time here. Now I need some advice on an issue.

My fiancé who is from India had received her Canadian permanent resident card about 2 and half months ago. She would like to come to the U.S on a visitor’s visa, get marry and then she would like to go back to Canada. I have been hearing from different people that it is not advisable to marry while one is in the U.S on a visitor’s visa. I want to know if it will still create issues if she goes back and lives in Canada while I file for her K3 visa petition so she can come back here in a year or so on an immigrant visa. I know K1 visa is another option but as she is studying in Montreal we just thought it would be a better idea to get married and file directly for K3 as both visas take almost same amount of time approximately.

Another Question, is it really hard to get a U.S tourist visa for a recent Canadian PRs?

Thank you in advanced for all your help and advice.

TK

As long as she goes back to Canada, marriage is not a problem. A Canadian PR may not need a tourist visa. Check here. http://www.delta.com/planning_reservations...rt_information/

K3 is not an immigrant visa. CR1 would be the immigrant visa for a spouse in a marriage of less than two years.

Edited December 20, 2008 by pushbrk

[Y's_habibitk 2]

there will be an expert on board soon , but I think as long as she goes back home..there wouldnt be any problems.

i dont know about the visitor visa for recent PR's

Good Luck,

Lisa

see? he was typing while i was

Edited December 20, 2008 by Y_habibitk

[YuAndDan 153]

This is fine, just be aware the POE can deny entry if they suspect immigrant intent upon entry.

SEE: http://www.visajourney.com/news/2008/09/14...-us-visa-rules/

Note K-1, and K-3 are NON-Immigrant.

If considering K-3 think carefully about it. CR-1 and K-3 tend to take about the same time, K-3 may save you about a month, however the K-3 has the added pain of adjustment of status, and it NOT a work authorized visa, so also has the added period of limbo waiting for EAD to be able to do things like take a job, get SSN, etc...

For the most part CR-1 tends to take a bit longer than K-3 to get if you prepare for NVC when they request I-864 fee, and Visa fee, as well as documents requested by NVC. In many cases the CR-1 petition reaches the consulate just before K-3 interview, which causes K-3 to get dropped and the interview becomes a CR-1 visa interview.

K-3:

I-130: $355

I-129F: NONE

Consulate: $131

AOS: $1010

($1496)

CR-1

I-130: $355

NVC I-864: $70

NVC Visa fee: $400 ($355+$45)

($825)

I see many posts from K-3 holders stating, "Wow this sucks, I am stuck at home because I don't have EAD, DL, etc, or I am having hard time getting added to bank accounts because of NO SSN." K-3 has a 90 day or longer period of limbo while waiting for EAD or Green-card.

K-3 was developed at a time when CR-1 was taking much longer that today, NVC has greatly streamlined the CR-1 process to the point where K-3 becomes irrelevant.

In this economy the K-3 in not as atractive, it costs more, and the prospective immigrant cannot take a job until they have EAD, CR-1 gets an instant green-card allowing taking a job soon after entry.

[Reba 2]

Permanent residents (aka landed immigrants) of Canada must have a nonimmigrant visa unless the permanent resident is a national of a country that participates in the Visa Waiver Program (VWP), meets the VWP requirements, and is seeking to enter the U.S. for 90 days or less under that program.

Looks like she'll have to get a tourist visa in order to visit the US still http://www.travel.state.gov/visa/temp/with...thout_1260.html

[himher 634]

There have been a lot of discussions on this. Getting married on a visitors visa then returning home to follow through on the immigration process is perfectly legal. Even visiting with no intent to stay, marrying, and staying to file AOS is perfectly acceptable, as long as the couple can show during subsequent AOS that there was no intent to do so (those are the ones who get routinely jumped with the "sure, right, wink wink" comments here on VJ lol). The immigration path that clearly violates the law and immigration regs is to slip in under a visitors visa with intent to get married and stay - which sidesteps the wait which would have resulted from following the legal and correct immigration path.

Hello friends,

I am a regular visitor to this board as it is always informative to spend time here. Now I need some advice on an issue.

My fiancé who is from India had received her Canadian permanent resident card about 2 and half months ago. She would like to come to the U.S on a visitor’s visa, get marry and then she would like to go back to Canada. I have been hearing from different people that it is not advisable to marry while one is in the U.S on a visitor’s visa. I want to know if it will still create issues if she goes back and lives in Canada while I file for her K3 visa petition so she can come back here in a year or so on an immigrant visa. I know K1 visa is another option but as she is studying in Montreal we just thought it would be a better idea to get married and file directly for K3 as both visas take almost same amount of time approximately.

Another Question, is it really hard to get a U.S tourist visa for a recent Canadian PRs?

Thank you in advanced for all your help and advice.

TK