U.S. Citizen in Canada on Tourist Visa- easiest way to get married?

[Cindo and Joe 0]

Hey everyone, first post here.

This website is awesome, there is so much information! However, that is why I am posting- because there are so many options I don't know where to start.

Our situation is this:

-I am a U.S. citizen from California, met a lovely Canadian from Montreal while traveling in Portugal October '08. We stayed together in Portugal for 3 weeks immediately after we met. Then left back to our own countries.

-As soon as I came back to the U.S. in November '08 I took a trip to visit her. We fell in love and I never left, so I'm still here in Canada.

-In this time, we have left Canada together on 2 occassions- one to the U.S. in January for a quick visit, and once to Mexico in March for a vacation. Since I've left Canada visitor visa is going to expire soon (read that it is possible to have an extension on this?)

-We have recently decided to get married, and wish to do so in the quickest/easiest way possible.

-She has a stable job here at the moment, with a job offer in the U.S. if she gets a green card. I also have a job offer here in Canada if I can get a work permit, but also a job offer in the U.S. if we decide to go back. We both have job offers in both countries our dilemma is only one of us can work legally, for both countries at the moment.

We don't care what country we have to get married in or stay, we just want to be together and work legally.

What would you say is the best option for us to remain together throughout this process?

I've read the following for if we decide to go the U.S.

1. apply for the K-1, go to the U.S. and get married?

2. get married here and then try to go to the U.S. on a K-3?

3. visit the U.S. and adjust status (I hear this is shady, and run the risk of deportation).

4. get a lawyer to handle all of this...I think would cost about $3,000 USD?

If someone could point me in the right direction it sure would help establishing a starting point!

Thank you, and congratulations to those who have made it!

-Joe

[Krikit 1,164]

Hi Joe. I'm going to move your thread over to the Canada Forum where you will find plenty of people with this experience. Here's some light reading for you:

Link to Guides - Which visa is right for you?

Road to Canada

Citizenship & Immigration Canada

Welcome to VJ.

[Kathryn41 3,205]

I will add that you can apply for an extension to your visitor visa in Canada as well. The websites Krikit provided are a great place to start. Your first decision is really to decide in which country you wish to live as you would then decide on which process to pursue. Canadian immigration is faster than the US and cheaper in the long run and you can always choose to move to the US afterwards. You already have to be married to pursue immigration to Canada but your wife can sponsor you while you are in Canada and you can extend your visitor's visa to keep your status legal (you should definitely do that). Once you are 'approved in principle' you are allowed to work but until then you are not.

You can sponsor your fiance to the US or you can get married and sponsor your wife to the US. Until she receives either her green card or her EAD she would not be allowed to work and she would not be allowed to live in her US until she received some sort of visa. Another possible option to look at - if you keep her status in Canada legal - is a DCF. I am not sure if you can do this on a visitor's visa but you may. That is probably the fastest route to get the both of you to the US and to work. Definitely do not have her enter on a visitor's visa with the intent to get married and remain in the US to adjust status - that is considered visa fraud and carries serious repercussions.

So, weigh the pros and cons and make your decision. You probably don't need a lawyer to do this if you are willing to do the research, take the time to read everything thoroughly and are able to pay attention to the details yourself. Read over all of the necessary forms and instructions and see what is involved - that will help you decide.

The 'best option' for you two to remain together during this process is definitely immigration to Canada as long as you keep a legal visitor's status during the immigration process.

Good luck.

Edited April 8, 2009 by Kathryn41

[Reba 2]

The Canadian immigration is faster only if you apply "outland". Outland apps take about 6 months. If for some reason however you apply "inland" it'll take you about 18 months of rather frustrating and endless paperwork.

Yes, you can apply "outland" even if you are physically in Canada. See the Road To Canada site that Kriket posted for full details.

[Emancipation 2]

The Canadian immigration is faster only if you apply "outland". Outland apps take about 6 months. If for some reason however you apply "inland" it'll take you about 18 months of rather frustrating and endless paperwork.

I'm hijacking here, but do you know if that's a current wait time Reba? My aforementioned Japanese friend is having a baby in June and she's "inland" and under the impression that it's only a 6 month wait. She thinks she'll be okay for health insurance in June (they filed in Jan) based on the 6 month wait time.. if not, they'll have to pay for the delivery out of their own pockets.. which are not very deep right now

[Krikit 1,164]

The Canadian immigration is faster only if you apply "outland". Outland apps take about 6 months. If for some reason however you apply "inland" it'll take you about 18 months of rather frustrating and endless paperwork.

I'm hijacking here, but do you know if that's a current wait time Reba? My aforementioned Japanese friend is having a baby in June and she's "inland" and under the impression that it's only a 6 month wait. She thinks she'll be okay for health insurance in June (they filed in Jan) based on the 6 month wait time.. if not, they'll have to pay for the delivery out of their own pockets.. which are not very deep right now

Definitely not a 6 month wait. My daughter's friend married a guy from the UK a couple of years ago and they applied inland. It took 2 years for theirs to be completed.

[Emancipation 2]

The Canadian immigration is faster only if you apply "outland". Outland apps take about 6 months. If for some reason however you apply "inland" it'll take you about 18 months of rather frustrating and endless paperwork.

I'm hijacking here, but do you know if that's a current wait time Reba? My aforementioned Japanese friend is having a baby in June and she's "inland" and under the impression that it's only a 6 month wait. She thinks she'll be okay for health insurance in June (they filed in Jan) based on the 6 month wait time.. if not, they'll have to pay for the delivery out of their own pockets.. which are not very deep right now

Definitely not a 6 month wait. My daughter's friend married a guy from the UK a couple of years ago and they applied inland. It took 2 years for theirs to be completed.

That's what I hear as well.. although I haven't heard anything really recent.. I'm totally appalled that they are being so flippant about it, and that they don't have adequate insurance in place for this baby's arrival... they are doing the classic ostrich with head in sand right now..

Edited April 9, 2009 by Emancipation

[Cindo and Joe 0]

I think the best option for us is to outline the exact process of immigration for both countries first, weigh the pros and cons of both- THEN make the decision. So first I will start by theoretically making the move to the U.S.

I looked into the DCF option, however after reading the guide here on VJ- i noticed this note: A US Citizen living overseas that wishes to complete the I-864 Affidavit of Support for their spouse (as part of the DCF process to get an Immigrant Visa) will be required to have a US home/domicile to qualify as a Sponsor for the I-864.. And, as another member stated- It might not be possible to apply for DCF while I am in Canada on a Visitor Visa.

I am stuck on either the K-1 or the K-3.... we don't care if we get married here in Canada or in the U.S.

K-3 seems pretty convenient, from what I've read it makes it much easier for her to go back and forth to Canada for visitation with that visa.

Has anybody been in the same boat deciding whether to go for the K-1 or K-3?

Thanks!

[Reba 2]

Emancipation, my only suggestion to your friend would be to check out the forums at Road To Canada for processing timelines. I have NOT seen any "inland" apps that take less than 1 year to process, and most are in the 18 months range at the least. They may get lucky and be on the short end of the processing guestimates, but I honestly agree with you and think they're deluding themselves thinking she'll be landed in time to get healthcare benefits for when the baby is born. Even if her LPR is processed in time, and she lands, most provinces have a waiting period after that before she'll be eligible for benefits. I guess it will depend which province she's in. In Ontario, it'll be another 3 months wait after landing til she would have OHIP.

[Emancipation 2]

In Ontario, it'll be another 3 months wait after landing til she would have OHIP.

That's where they are.. TO.

[meowmeowmeow 1]

wow, you need a tourist visa to go to canada now? that sucks!

[Krikit 1,164]

wow, you need a tourist visa to go to canada now? that sucks!

No, a US citizen doesn't need a tourist visa. I took it to mean he was visiting as opposed to being in Canada on a work-related visa.

[Reba 2]

If a US citizen intends to stay in Canada beyond the allowed 6 months, and stay to apply for permanent residency, they have to first get a visitor record at the border that will allow them to remain.

[trailmix 77]

I think the best option for us is to outline the exact process of immigration for both countries first, weigh the pros and cons of both- THEN make the decision. So first I will start by theoretically making the move to the U.S.

I looked into the DCF option, however after reading the guide here on VJ- i noticed this note: A US Citizen living overseas that wishes to complete the I-864 Affidavit of Support for their spouse (as part of the DCF process to get an Immigrant Visa) will be required to have a US home/domicile to qualify as a Sponsor for the I-864.. And, as another member stated- It might not be possible to apply for DCF while I am in Canada on a Visitor Visa.

I am stuck on either the K-1 or the K-3.... we don't care if we get married here in Canada or in the U.S.

K-3 seems pretty convenient, from what I've read it makes it much easier for her to go back and forth to Canada for visitation with that visa.

Has anybody been in the same boat deciding whether to go for the K-1 or K-3?

Thanks!

K1 vs K3 - in a nutshell you have pretty much summed it up. K3 is multiple entry, K1 is not.

- Having 'domicile' in the U.S. does not mean that you have to be living there. I proved 'domicile' and I had never lived in the U.S. prior to my Husband and I moving there last year.

- As for DCF - the visitor's visa is not a problem, the problem would be when you went to file - because you probably don't have a Canadian driver's license or health care card etc - so you have no way to prove your 'long term residency' in Canada.

[Krikit 1,164]

If a US citizen intends to stay in Canada beyond the allowed 6 months, and stay to apply for permanent residency, they have to first get a visitor record at the border that will allow them to remain.

Ahhh. Good to know.