Help! What's the best Option?

[CAN2US 0]

I am a Canadian citizen living in Canada and I am marrying a US citizen next year in spring or summer. I want to move to the US to live with him. We don't want to spend any time apart. So what is the best and quickest option for us?

1) The fiance visa?- I head the downside to it is that its got a lot of paper work involved and that I would have to have a wedding in the US and not in CANADA (when all my family and friends are in Canada)

2) The spousal visa?- How would that work? I enter US on my Canadian passport and we get married in court in the US and then I fly back out to Canada so that he could apply for the spousal visa and I wait in Canada until it is approved?

3) Is it possible to come to the US on a Canadian passport and get married in the US and stay there and apply for an adjustment of status and I-130?

I am so confused. I don't know what's the best option? What's legal? What's the quickest?

Please Help!

[sjr09 155]

I am a Canadian citizen living in Canada and I am marrying a US citizen next year in spring or summer. I want to move to the US to live with him. We don't want to spend any time apart. So what is the best and quickest option for us?

1) The fiance visa?- I head the downside to it is that its got a lot of paper work involved and that I would have to have a wedding in the US and not in CANADA (when all my family and friends are in Canada)

2) The spousal visa?- How would that work? I enter US on my Canadian passport and we get married in court in the US and then I fly back out to Canada so that he could apply for the spousal visa and I wait in Canada until it is approved?

3) Is it possible to come to the US on a Canadian passport and get married in the US and stay there and apply for an adjustment of status and I-130?

I am so confused. I don't know what's the best option? What's legal? What's the quickest?

Please Help!

Read the VJ GUIDES

[Kittykisses73 1]

Your best bet is the fiancé or spousal visa. You cannot enter the US with the intent to marry, that is visa fraud & will give you twice as much heartache as being apart. The immigration process is not always as bad as it seems. We just went thru AOS & it was pretty cut & dry. Read the guides on here & follow the instructions EXACTLY & you will be fine.

[canadian_wife 1,808]

1) Yes - there is a lot of paperwork with the fiance visa, but there is a lot of paperwork with any and all visas you apply for

2) Yes -that is how the spousal visa works, you marry and go back to Canada to wait.

3) No - that is an abuse of a tourist visa and is visa fraud. This can result in deportation and a ban from the US.

Quickest? The K-1 as you can apply NOW. But you do have to marry in the US (no one said you can't have another ceremony in Canada). The superior visa is the Cr-1 for spouses as it is cheaper and has many more benefits.

Good luck.

[Justine+David 218]

Keep in mind that you are going to have a TON of paperwork, no matter what visa you apply for and that the adjustment of status is another bunch of paperwork. You can come here to get married; you just cannot stay in the U.S. while the spousal visa is being approved. The quickest way to get to the U.S. is the K1 visa; however it is a little more expensive.

[CAN2US 0]

Keep in mind that you are going to have a TON of paperwork, no matter what visa you apply for and that the adjustment of status is another bunch of paperwork. You can come here to get married; you just cannot stay in the U.S. while the spousal visa is being approved. The quickest way to get to the U.S. is the K1 visa; however it is a little more expensive.

Thanks to all who replied!

Just had a couple more questions...

1) In a fiance visa they require that we have met personally within the last 2 years- I fulfill that requirement as in this year alone we have met 5 times...so is that good enough for them? we have pictures and passport stamps to prove that.

2) If we go for the spousal visa route, what's the best option then-to marry in CANADA and he can go back and apply for the spousal visa? OR its best to marry in the US and then I fly back out to Canada and wait?

3) I have been reading up online and they say that fiance visa takes approximately 6 months and the spousal visa take up to a year...but does the same wait time apply if your a Canadian citizen? is it any quicker if you have a Canadian citizenship?

Please and thanks for all your help!

[JimVaPhuong 4,863]

I am a Canadian citizen living in Canada and I am marrying a US citizen next year in spring or summer. I want to move to the US to live with him. We don't want to spend any time apart. So what is the best and quickest option for us?

1) The fiance visa?- I head the downside to it is that its got a lot of paper work involved and that I would have to have a wedding in the US and not in CANADA (when all my family and friends are in Canada)

2) The spousal visa?- How would that work? I enter US on my Canadian passport and we get married in court in the US and then I fly back out to Canada so that he could apply for the spousal visa and I wait in Canada until it is approved?

3) Is it possible to come to the US on a Canadian passport and get married in the US and stay there and apply for an adjustment of status and I-130?

I am so confused. I don't know what's the best option? What's legal? What's the quickest?

Please Help!

There's an option you left out that would probably satisfy most of your requirements. Your fiance/e could come to Canada and marry you there, and then go back to the US and apply for a CR1 spousal visa. That way you could have your Canadian wedding with all of your friends and family, and still immigrate to the US legally.

It's already been stated above that it's illegal to misuse a non-immigrant visa (or visa waiver) for immigrant purposes. If you get caught, you could be banned from the US for life.

[Rhiannercakes 14]

Keep in mind that you are going to have a TON of paperwork, no matter what visa you apply for and that the adjustment of status is another bunch of paperwork. You can come here to get married; you just cannot stay in the U.S. while the spousal visa is being approved. The quickest way to get to the U.S. is the K1 visa; however it is a little more expensive.

Thanks to all who replied!

Just had a couple more questions...

1) In a fiance visa they require that we have met personally within the last 2 years- I fulfill that requirement as in this year alone we have met 5 times...so is that good enough for them? we have pictures and passport stamps to prove that.

- My fiance and I met 6 times in the past 2 years. It's definatly good enough. Just make sure you include stuff to show ALL of those trips. More trips is better than less. At least that's my opinion.

2) If we go for the spousal visa route, what's the best option then-to marry in CANADA and he can go back and apply for the spousal visa? OR its best to marry in the US and then I fly back out to Canada and wait?

- I don't think it matters where you marry. Not totally sure about that one though, better ask someone who did that one.

3) I have been reading up online and they say that fiance visa takes approximately 6 months and the spousal visa take up to a year...but does the same wait time apply if your a Canadian citizen? is it any quicker if you have a Canadian citizenship?

- NO. Being a Canadian does not make it faster. In fact, Montreal is one of the slowest consulates I've seen when it comes to interviews. Which sucks.

Please and thanks for all your help!

And do not under any circumstances try to go to the US and AOS with the visa waver program.

I tried to (Well, unknowingly), but thankfully got caught at the border. I was naive and really regret almost breaking a law that could have cost me my life I want in the US.

Edited September 17, 2009 by Rhiann

[JimVaPhuong 4,863]

1) In a fiance visa they require that we have met personally within the last 2 years- I fulfill that requirement as in this year alone we have met 5 times...so is that good enough for them? we have pictures and passport stamps to prove that.

Yes, fine. You only need to have met one time to convince USCIS. More visits is good at the consulate stage.

2) If we go for the spousal visa route, what's the best option then-to marry in CANADA and he can go back and apply for the spousal visa? OR its best to marry in the US and then I fly back out to Canada and wait?

When you tell CBP you're entering the US to get married (don't lie - misrepresentation will result in a ban) you risk being turned back. They'll suspect you intend to stay and apply for AOS, which you now know is not legal. I don't know enough about Canadian immigration law to know if it would be easier for your fiance to come and marry you in Canada.

3) I have been reading up online and they say that fiance visa takes approximately 6 months and the spousal visa take up to a year...but does the same wait time apply if your a Canadian citizen? is it any quicker if you have a Canadian citizenship?

Nope. Canadians can wait just as long as everyone else. The petition phase at USCIS is the same for everyone. The consulate phase depends on how fast you submit your documentation, and how busy the consulate is.

[Justine+David 218]

3) I have been reading up online and they say that fiance visa takes approximately 6 months and the spousal visa take up to a year...but does the same wait time apply if your a Canadian citizen? is it any quicker if you have a Canadian citizenship?

The only "advantage" you might have being Canadian is that Canada is considered a wealthy country with lesser chance of visa fraud; meaning that the consulate is more likely to accept your relationship as true. However, you still have to "prove" your relationship like everyone else and provide appropriate documentation.

Best of luck whichever visa you decide!

Edited September 17, 2009 by Justine+David

[Minya's wife 24]

I am a Canadian citizen living in Canada and I am marrying a US citizen next year in spring or summer. I want to move to the US to live with him. We don't want to spend any time apart. So what is the best and quickest option for us?

1) The fiance visa?- I head the downside to it is that its got a lot of paper work involved and that I would have to have a wedding in the US and not in CANADA (when all my family and friends are in Canada)

Immigration involves a lot of paperwork....that is a given, regardless of the type of visa you will be applying for. there's even more paperwork when you apply for the green-card, to remove conditions to the green-card (if applicable) and further down the line to become a US citizen, if you so chose. The necessity for a US wedding can be a deal-breaker if you absolutely must have a wedding in Canada because the K-1 is a fiancee visa issued to the foreign fiancee for the express purpose of coming to the US to marry the US citizen fiance and adjust status(apply for a green-card) based upon that marriage.

2) The spousal visa?- How would that work? I enter US on my Canadian passport and we get married in court in the US and then I fly back out to Canada so that he could apply for the spousal visa and I wait in Canada until it is approved?

For the spousal visa, the marriage can occur anywhere, but you must interview for the visa in Canada and only after you're approved can you immigrate to the US. You may only visit during the waiting period, but there is a certain amount of risk involved with that, since once you apply for the spousal visa petition you are basically declaring your intent to immigrate, while the whole premise of 'visiting' implies that you will not immigrate. But even so, for those that have the possibility, visiting while the paperwork was being processed has been an option they've utilized.

3) Is it possible to come to the US on a Canadian passport and get married in the US and stay there and apply for an adjustment of status and I-130?

This is NOT possible because this is illegal. You cannot enter the US with intent to stay. That is termed visa-fraud and a no no.

I am so confused. I don't know what's the best option? What's legal? What's the quickest?

Please Help!

Edited September 17, 2009 by Minya's wife

[Carlawarla 1]

Welcome to VJ!

Please check out the Canada Forum and read posts from fellow Canadians that have gone through, or are going through this process as well.

http://www.visajourney.com/forums/index.php?showforum=93

There are lots of tips about visiting, moving, specific paperwork requirements for Canada, and EI here on the VJ Wiki page, and other links.

http://www.visajourney.com/forums/index.php?showtopic=191858

There are only two Consulates where you can be interviewed in Canada, and that depends on where you live and what visa you're applying for. The timelines are different as well.

If you live west of Ontario, your interview for a K-1 is held in Vancouver, and generally, it's faster. Your process could be completed in as little as 6 months.

If you're east of Manitoba, then your interview is held in Montreal for a K-1, or a CR-1, and generally those interviews are about the same length at present. In the 8-12 month range.

Whatever option you decide, all the best!

[baron555 934]

Keep in mind that you are going to have a TON of paperwork, no matter what visa you apply for and that the adjustment of status is another bunch of paperwork. You can come here to get married; you just cannot stay in the U.S. while the spousal visa is being approved. The quickest way to get to the U.S. is the K1 visa; however it is a little more expensive.

Thanks to all who replied!

Just had a couple more questions...

1) In a fiance visa they require that we have met personally within the last 2 years- I fulfill that requirement as in this year alone we have met 5 times...so is that good enough for them? we have pictures and passport stamps to prove that.

Yes, Alla and I only met once and we were approved.

2) If we go for the spousal visa route, what's the best option then-to marry in CANADA and he can go back and apply for the spousal visa?

Yes, this is OK

OR its best to marry in the US and then I fly back out to Canada and wait?

No, this is very bad. As stated before you'd be coming here on a tourist visa, with the intent to marry and then you get married (nothing preventing you from doing that) but when you eventually go to adjust your status to remain here permanently they will see what you did and you risk deportation and possibly a lifetime ban. This is a very bad idea. Do not do this.

3) I have been reading up online and they say that fiance visa takes approximately 6 months and the spousal visa take up to a year...but does the same wait time apply if your a Canadian citizen? is it any quicker if you have a Canadian citizenship?

No. USCIS processes the petitions in the order they were received. You can only go through smoothly if you have all the documentation in order. Our approval NOA1 to NOA2 took 105 days.

Please and thanks for all your help!

[CAN2US 0]

Keep in mind that you are going to have a TON of paperwork, no matter what visa you apply for and that the adjustment of status is another bunch of paperwork. You can come here to get married; you just cannot stay in the U.S. while the spousal visa is being approved. The quickest way to get to the U.S. is the K1 visa; however it is a little more expensive.

Thanks to all who replied!

Just had a couple more questions...

1) In a fiance visa they require that we have met personally within the last 2 years- I fulfill that requirement as in this year alone we have met 5 times...so is that good enough for them? we have pictures and passport stamps to prove that.

Yes, Alla and I only met once and we were approved.

2) If we go for the spousal visa route, what's the best option then-to marry in CANADA and he can go back and apply for the spousal visa?

Yes, this is OK

OR its best to marry in the US and then I fly back out to Canada and wait?

No, this is very bad. As stated before you'd be coming here on a tourist visa, with the intent to marry and then you get married (nothing preventing you from doing that) but when you eventually go to adjust your status to remain here permanently they will see what you did and you risk deportation and possibly a lifetime ban. This is a very bad idea. Do not do this.

3) I have been reading up online and they say that fiance visa takes approximately 6 months and the spousal visa take up to a year...but does the same wait time apply if your a Canadian citizen? is it any quicker if you have a Canadian citizenship?

No. USCIS processes the petitions in the order they were received. You can only go through smoothly if you have all the documentation in order. Our approval NOA1 to NOA2 took 105 days.

Please and thanks for all your help!

Thank you so much for replying back everyone! This forum is just amazing!!

Gathering from all the information here, I just had a few more questions ( I know you guys are just great and would help me out)...

1) I know this is just over thinking too much but back in the days, my uncle (a US citizen) sponsored us for the relative alien petition, we waited several years, and when it finally came through I was above the age limit and hence they dropped my application and didn't call me for any medical or interview...so would this little history in anyway affect my K1 or K3 visa process?

2) Secondly, what's the real difference between CR-1 and K3? Why are some people going the CR-1 route? Why is it any better?

3) Do the K1 have higher chances of getting rejected than the K3?

4) I think my US Consulate would be the one in Montreal , so are they taking 10 months to process K1 and K3?? Anyone with any recent experience regarding this?

5) I just want to be able to live there legally, I don't care if I don't have to work there for a couple of years or whatever as long as I can just stay there legally and for good...so what should I do...I don't want to pursue the K1 fear of getting rejected after waiting several months...I don't want to go and pursue the K3 as I feel it will take sooo long like another year...I am so confused!

Thanks in advance for all your help!!

[canadian_wife 1,808]

1) I don't think so, it's not like you did anything wrong to no longer qualify for the visa, you simply aged out.

2) k-3 is slow, expensive, and obsolete. Read the guides to find out why Cr-1 is better (FYI - immediate green card is a definite plus)

3) Nope - all depends on your circumstances. Each case is adjudicated on a case by case basis.

4) You're confused. Your petition will go through USCIS first (generally 4- 6 months to approval) then to NVC and then on to the embassy (Montreal generally taking 2-3 months to schedule an interview after the petition is sent from NVC). Montreal doesn't do the whole thing.

5) You should read the guides to figure out which one is best for you. I like the saftey of the Cr-1 - immediate green card, immediate work and travel. The K-1 will save you a few months since you can file now without getting married.

no one can answer which is best for you, you need to figure that out on your own by reading the guides and finding what is most important to you.

Good luck.