Canadian marrying US military

[Neophyte282 0]

January 26th I came to visit my now fiance for 10 days for the first time after getting to know him online for 7 months. Who would have known, we fell instantly in love and a few days later we were engaged. The day before I was to go back, I called the airline to see if I could rebook my flight a bit later as I obviously now wanted to spend some more time here. Next thing I know, they have cancelled my flight without me knowing because of miscommunication. It wasn't a big deal though, because it was going to be cheaper for me to miss that flight and book a new return one-way or return ticket. I was laid off December 19th and that's what gave me the time to come here. I was in no big rush to get back because the local transit was on strike (they are now bck to work as of next Friday) and I had no way to get around to find a job. Before I left, I applied for EI.

Now, I'm confused and worried. I've been doing research and trying to figure out what to do. My fiance is in the US Military, currently stationed in Georgia. What kind of problems is this going to cause for EI? What is the best way for me to get married? K1 or CR1? We just want to get married as soon as possible so we can be together.

Edited February 2, 2009 by Neophyte282

[Ana1988 0]

January 26th I came to visit my now fiance for 10 days for the first time after getting to know him online for 7 months. Who would have known, we fell instantly in love and a few days later we were engaged. The day before I was to go back, I called the airline to see if I could rebook my flight a bit later as I obviously now wanted to spend some more time here. Next thing I know, they have cancelled my flight without me knowing because of miscommunication. It wasn't a big deal though, because it was going to be cheaper for me to miss that flight and book a new return one-way or return ticket. I was laid off December 19th and that's what gave me the time to come here. I was in no big rush to get back because the local transit was on strike (they are now bck to work as of next Friday) and I had no way to get around to find a job. Before I left, I applied for EI.

Now, I'm confused and worried. I've been doing research and trying to figure out what to do. My fiance is in the US Military, currently stationed in Georgia. What kind of problems is this going to cause for EI? What is the best way for me to get married? K1 or CR1? We just want to get married as soon as possible so we can be together.

K1 is the fastest way for you to be in US and get married..

My Fiance is in US Army too,we are on K1 route, hoping soon we will get married before he deployed..

Good Luck to you:)

Mark and Ana

[Reba 2]

If you get married now and stay to adjust status you can do that, because you had no intent when you entered. You cannot however collect your EI until you get employment authorization, because you must be willing and able to work in order to collect. You are not currently able to work in the US.

If you return to Canada, you would have to do K1 or K3/CR1, which will take about a year.

[Neophyte282 0]

Hmm, so one person says k1 and the other k3, lol... *scratches head*

Can I do a K1 while in the US? Do I have to go back while doing anyone of these?

Edited February 2, 2009 by Neophyte282

[Krikit 1,164]

Hi Neophyte. Welcome to VJ.

If you're okay with staying in the US and not being able to return to Canada for a while, you can marry and apply to adjust status. The downside of this route is that you will not be able to return to the US if you leave prior to either receiving Advance Parole (AP) or your greencard. And, even if you do use your AP to return to the US, it'#######-and-miss as to whether or not the CBP Officer will allow you in. The length of time to receive your greencard varies greatly. Some have received it in a few months, while others on the other end of the scale waited years. I believe the average is just under a year.

A K-1 visa allows you to enter the US to marry in the US, and then adjust status. You will need to return to Canada to complete this process. The downside of the K-1 is that you will still need AP if you leave the US prior to receiving your greencard.

As Kathryn says, there are other visas. You're best to start here and begin to read up on the different types of visas and what fits best in your situation. Good luck.

[Krikit 1,164]

Can I do a K1 while in the US? Do I have to go back while doing anyone of these?

Just wanted to respond quickly to this question. You can only stay in the US for up to 6 months. The K-1 will take longer than that. You will also need to have a medical in Canada and an interview at either the Vancouver or the Montreal Consulate.

[Neophyte282 0]

So what it looks like is that it's faster for me to stay here and marry but I will not be able to return to Canada until I get my green card. Being that my finance is US military, would that speed it up? But if I don't get my green card in 6 months, I'd have to go back to Canada and wait?

Thanks for all your reply's so far. After reading the FAQ and all that, my head is still in circles.

[trailmix 77]

Hmm, so one person says k1 and the other k3, lol... *scratches head*

Can I do a K1 while in the US? Do I have to go back while doing anyone of these?

Hi Neophyte!

As krikit mentioned, it would be a good idea for you to read up on the different types of visas so you can see which one will best fit your situation. It is difficult when you aren't clear on when each one applies. Here is a broad overview:

K1 - This visa applies if you are not married (fiancee visa). You can stay and visit in the U.S. while this is processing (as long as you don't overstay) however you will need to return to Canada for your interview (which will either take place in Vancouver or Montreal - depending on your Canadian address). If you choose this you cannot leave the U.S. (once you enter and activate your K1 visa) until you either get your AP (advance parole) or your green card. You adjust status after you enter on this visa.

K3 - This visa is for people who are married. You can stay and visit in the U.S. while this is processing (as long as you don't overstay) however you will need to return to Canada for your interview. Once you have the visa, it allows you to enter the U.S. to live and adjust status and it is multiple entry, ie: you can travel wherever you like while your adjustment of status is processing.

AOS (Adjustment of Status)

- You did not enter the U.S. with the intent to stay and adjust status, so this is an option for you. If you choose this you cannot leave the U.S. until you either get your AP (advance parole) or your green card. You can wait in the U.S. until the paperwork is completed.

CR1 - Immigrant visa for a spouse where the couple has been married less than 2 years. Again, you can visit your Husband while this is processing, however it can take 11-12 months and you will therefore probably need to return to Canada, you will have to return for an interview. This visa allows you to work almost immediately upon entry to the U.S. as all of the paperwork is done up front (ie: there is no adjusting status once you arrive in the U.S.).

So what it looks like is that it's faster for me to stay here and marry but I will not be able to return to Canada until I get my green card. Being that my finance is US military, would that speed it up? But if I don't get my green card in 6 months, I'd have to go back to Canada and wait?

Thanks for all your reply's so far. After reading the FAQ and all that, my head is still in circles.

No, if you adjust status you can wait in the U.S. until that is complete, even if it takes a year or more.

[Flames9_RN 358]

Yes, as others stated, you can STAY in the USA now and do what is caklled Adjust of Status (AOS) but you can't leave the USA until u have reached a certain portion of the process--Well the problem isn't leaving the USA, its the part of coming back into the USa.

OR, you go the k1,k3 or cr-1 routes! You can do this while still visiting the USA. As a canuck you can stay up to 6 months in the USA. So start the paperwork while your here,and whenur 6 months are up, head back to canada. of course you can break that up into smaller visits, dont have to spend 6 months all at once

k1 is a fiance visa--you can't be married

k3 and cr-1 are if you are already married! Some of us, on a visit to the USA got married, and immediately applied for the k3 or cr-1. I went the cr-1 route!

On the main forum page,there are k1,k3, cr-1 forums,and at the top their are guides. take some tiem and read them over. As well check out:

http://www.visajourney.com/forums/index.ph...mp;page=compare compares the 3 visas

http://www.visajourney.com/wiki/index.php/Special:AllPages

http://www.visajourney.com/wiki/index.php/Canada canadian WIKI pages.

Your interview wil be either in vancouver or Montreal, depending on where u live in canada. If you go the CR-1 route, ALL Canadians goto Montreal.

[Krikit 1,164]

So what it looks like is that it's faster for me to stay here and marry but I will not be able to return to Canada until I get my green card. Being that my finance is US military, would that speed it up? But if I don't get my green card in 6 months, I'd have to go back to Canada and wait?

Thanks for all your reply's so far. After reading the FAQ and all that, my head is still in circles.

If your fiance is being deployed you will qualify for military expedite. If he is not being deployed, you go through the regular process.

If you marry here then apply to adjust status you can't go back to Canada, period. Well, at least not until you receive an AP or your greencard. The only time you go back to Canada is if you apply for a family visa (K-1, K-3, CR-1).

[Neophyte282 0]

Thank you so much for all of your replies.

There is rumour that he is being deployed in November, but no date as of yet. If we find out when he is leaving when the application is in process, can we send them paperwork during that time to speed it up?

In regards to doing the k1, k3, cr1 routes and returning to Canada during the 6 months and coming back... I don't have a job, so can that prevent them from letting me back in? I don't rent (live with parents) and applied for EI.

From what I'm seeing k3 or cr1 is my best bet. I'm a bit confused though on this AoS. If I get stay here and get married, I can apply for either? I don't see the big difference between the k3 and cr1.

[Flames9_RN 358]

Well I have never done the AOS route, so cant give y amuch help

K3 and cr-1-----Originally the k3 was brought in to get married couples together faster! At ONE time the k3 was much faster,BUT thats no longer the case. Timewise they run along the same time frame, so normally the k3 is a waste! The CR-1 allows one to work right away in the USA (k3 does not) and the CR-1 costs less in the long run! Check out the Comparison link I provided in my previous post

[thetreble 19]

From what I'm seeing k3 or cr1 is my best bet. I'm a bit confused though on this AoS. If I get stay here and get married, I can apply for either? I don't see the big difference between the k3 and cr1.

If you get married and stay in the US, you don't need to apply for any of those visas. You just need to apply for AOS. AOS, K3, K1 and CR-1 are four different things.

[Neophyte282 0]

This AoS is kinda scary. Saying that I risk deportation for immigration fraud... in the end, they all say I should return home, even f I get married here...

[trailmix 77]

This AoS is kinda scary. Saying that I risk deportation for immigration fraud... in the end, they all say I should return home, even f I get married here...

Who is they? They are wrong.

Here is the thing, I'll give you two examples to make it clearer, it's all about intent:

Scenario A:

Nice Canadian girl from PEI is chatting online with a great guy. She goes to New York to meet him for the weekend. They fall in love immediately and decide to get married there and then - they do and then apply for adjustment of status.

Scenario B:

Nice Canadian girl from New Brunswick is chatting online with a great guy. They have met twice in Saskatoon, for a weekend. While chatting one night he asks her to marry him and come and live with him in New York. She says yes and starts packing. When she crosses the border to enter the U.S., she tells the border patrol person that she is going to 'visit her boyfriend'. If she told him 'I am going to visit my boyfriend, we are going to get married and live in the U.S. - she would not be permitted to enter the U.S..

The difference between these two scenarios is intent. In A - they had no intent to get married, therefore when she told the border person that she was going to visit her boyfriend, that was absolutely true. There is no 'fraud' here - they allow for people to stay in this scenario as it is not 'pre-planned'. She did not lie to the border officer = no fraud.

In scenario B - she obviously lied to the border officer. She had full intent to enter the United States and adjust status - if this were allowed there would be no need for a K1 (fiancee) visa.

It is all about intent.