Some Advice Please

[Shanna22 0]

Hello all;

I am very confused about a lot of things and was wondering if anyone could point me in the right direction based on their experiences. I am a Canadian citizen, engaged to an American citizen, we have been together for a few years. I am now ready to begin a full time life with him in the USA. The issue I am confused about is which visa is the best to pursue. If it would be best to start with the K1, or get married first and then do the CR-1. My main concern is time wise, which would be a faster avenue, and also, if one or the other is less costly. Not sure if it matter but my fiance makes 32k a year and has been with his company 8 years. Neither of us has children. I have been married in the past, but I am divorced. ( I might be giving TMI, not sure if any of these factor in or not) Also, if we were to get married, would it be best to do so in the USA, or in Canada?

Thanks for any info, I am just overwhelmed and not sure where to start out.

[SunDrop 59]

Hello all;

I am very confused about a lot of things and was wondering if anyone could point me in the right direction based on their experiences. I am a Canadian citizen, engaged to an American citizen, we have been together for a few years. I am now ready to begin a full time life with him in the USA. The issue I am confused about is which visa is the best to pursue. If it would be best to start with the K1, or get married first and then do the CR-1. My main concern is time wise, which would be a faster avenue, and also, if one or the other is less costly. Not sure if it matter but my fiance makes 32k a year and has been with his company 8 years. Neither of us has children. I have been married in the past, but I am divorced. ( I might be giving TMI, not sure if any of these factor in or not) Also, if we were to get married, would it be best to do so in the USA, or in Canada?

Thanks for any info, I am just overwhelmed and not sure where to start out.

Another consideration is how quickly do you want/ need to be able to seek employment in the US after arriving?

CR1s take a little longer than K1s usually, but are cheaper on the whole and also enables you to work as soon as you enter the US.

Doesn't matter either way with your visa choice, because his income qualifies you for meeting the poverty guidelines for 2 people.

Neither does being divorced, as long as it is finalised at the time of applying if you go for a K1.

If getting married in Canada is important to you, then you'll want to go the CR1 route, as a K1 forces you to marry in the US after issuance of said visa. If it doesn't matter, then you can either get married in the US, file a CR1 and then return to Canada to complete the process or get married in Canada and wait out the CR1 with you there and him in the US.

If I were you and I had the option of not working - and assuming I was successful at getting into the US - I would go to the US, get married in a quickie city hall ceremony, file for the CR1 and sit out the 6 months that you're allowed as a Canadian citizen with my husband, while remembering that I'm technically still just visiting. I'd return to Canada to interview and then enter the US again on my CR1. If I was refused entry, I'd turn around and file a K1... but this is just personal preference, not advice!

[Carlawarla 1]

Hello all;

I am very confused about a lot of things and was wondering if anyone could point me in the right direction based on their experiences. I am a Canadian citizen, engaged to an American citizen, we have been together for a few years. I am now ready to begin a full time life with him in the USA. The issue I am confused about is which visa is the best to pursue. If it would be best to start with the K1, or get married first and then do the CR-1. My main concern is time wise, which would be a faster avenue, and also, if one or the other is less costly. Not sure if it matter but my fiance makes 32k a year and has been with his company 8 years. Neither of us has children. I have been married in the past, but I am divorced. ( I might be giving TMI, not sure if any of these factor in or not) Also, if we were to get married, would it be best to do so in the USA, or in Canada?

Thanks for any info, I am just overwhelmed and not sure where to start out.

A K-1 might be quicker to have you down in the US, however a lot of that depends on which Consulate you'd interview at. If you're west of Ontario, you'd get your K-1 interview in Vancouver which is a LOT quicker than Montreal.

A CR-1 visa, which is a married visa, is interviewed for in Montreal, no matter where you live in Canada.

Please read the guides above, to see which you might be interested in.

You can get married in Canada or the U.S. If you get married first, you'll need your marriage certificate to file.

I'll point you to the Canada Forum here on VJ as well. The first link is to the Canada Forum, the second like to the Canada Wiki Guide, and the third link, second posting has lots of links for Canadians during this journey. Read...read...read!

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

http://www.visajourney.com/wiki/index.php/Canada

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

[Shanna22 0]

Thank you both so much for the information/suggestions. After spending MANY hours reading through all the links you posted, I think that a CR-1 would be the best option. I do however have another question:

I am in the US now visiting him. When going through the border I stated I was coming to visit a friend. If we were to get married now while I am down, it is my understanding through reading that I have to return to Canada once paperwork is filed. Since I had no intent to marry when coming down here, I did not state this at the border. Will this cause me any problems coming back? Or cause me any problems on my paperwork? When I go back do I just say I am returning from visiting friends, or that I married my fiancee while I was visiting? Or should I go home as I planned, then come back, this time stating at the border my intent? I just want to do this 100% the right way so I have no problems down the line.

Also (sorry to be a pain) once paperwork is filed, can I stay here the allowed 6 months that Canadians can visit each year, or must I return prior to this?

This is all overwhelming!

Thank you so much for advice/support! I find people who haven't/aren't going through it tend to zone out when I talk to them about it! lol

[pushbrk 12,569]

Thank you both so much for the information/suggestions. After spending MANY hours reading through all the links you posted, I think that a CR-1 would be the best option. I do however have another question:

I am in the US now visiting him. When going through the border I stated I was coming to visit a friend. If we were to get married now while I am down, it is my understanding through reading that I have to return to Canada once paperwork is filed. Since I had no intent to marry when coming down here, I did not state this at the border. Will this cause me any problems coming back? Or cause me any problems on my paperwork? When I go back do I just say I am returning from visiting friends, or that I married my fiancee while I was visiting? Or should I go home as I planned, then come back, this time stating at the border my intent? I just want to do this 100% the right way so I have no problems down the line.

Also (sorry to be a pain) once paperwork is filed, can I stay here the allowed 6 months that Canadians can visit each year, or must I return prior to this?

This is all overwhelming!

Thank you so much for advice/support! I find people who haven't/aren't going through it tend to zone out when I talk to them about it! lol

You don't need any special visa to get married in the USA. The fiancee visa is for marriage AND immigration. You won't be asked by any US official for any reason for leaving.

One other consideration is that if you don't actually have to go back to Canada anytime soon, you probably can marry in the USA and simply stay and adjust status to permanent resident. This is because you had no intent to immigrate at the time of your last entry. If your intent changes and you decide to marry and stay, you are allowed to do so. However, you must stay until you have advance parole. Check out the AOS guide.

Edited January 20, 2010 by pushbrk

[SunDrop 59]

Thank you both so much for the information/suggestions. After spending MANY hours reading through all the links you posted, I think that a CR-1 would be the best option. I do however have another question:

I am in the US now visiting him. When going through the border I stated I was coming to visit a friend. If we were to get married now while I am down, it is my understanding through reading that I have to return to Canada once paperwork is filed. Since I had no intent to marry when coming down here, I did not state this at the border. Will this cause me any problems coming back? Or cause me any problems on my paperwork? When I go back do I just say I am returning from visiting friends, or that I married my fiancee while I was visiting? Or should I go home as I planned, then come back, this time stating at the border my intent? I just want to do this 100% the right way so I have no problems down the line.

Also (sorry to be a pain) once paperwork is filed, can I stay here the allowed 6 months that Canadians can visit each year, or must I return prior to this?

This is all overwhelming!

Thank you so much for advice/support! I find people who haven't/aren't going through it tend to zone out when I talk to them about it! lol

Go ahead and get married, and file your CR1. You can wait out the start of processing together, but make sure you leave before your I-94 expires (although I'm not sure you guys get those...)

If there's nothing keeping you in Canada, you technically can get married and adjust without leaving. The issue is did you intend to get married when you entered the country. If not, then you should be fine. Were you asked at the border if you intended to get married?

If you do decide to file a CR1 and go back to wait it out, I don't think you'll get asked by Canada why you're coming back and I've never been asked by US immigration why I was leaving! lol... If you leave and return stating you intend to get married, expect to be refused entry. You should have a much easier time of things once married if you want to come back for a visit by being able to show your NOA1 for the CR1 petition, because they'll see you're doing it the 'right' way.

Congrats

[Shanna22 0]

Great! Again, thank you both so much! I guess I will just get married and start the paperwork here I guess I was worried about the "intent" thing. I mean other than my word, I can't really prove that I did not intend to marry when coming down for this visit. I was not asked anything about relationships or intents at the border, no. There really is nothing to keep me in Canada, naturally like all of you, being with my sweetheart trumps all I just thought through reading the links that I HAD to go back while paperwork was being filed. I'm sure once the paperwork if filed the steps I need to take will become clearer.

Thanks so much for advice/support! This is a lovely forum

[SunDrop 59]

Great! Again, thank you both so much! I guess I will just get married and start the paperwork here I guess I was worried about the "intent" thing. I mean other than my word, I can't really prove that I did not intend to marry when coming down for this visit. I was not asked anything about relationships or intents at the border, no. There really is nothing to keep me in Canada, naturally like all of you, being with my sweetheart trumps all I just thought through reading the links that I HAD to go back while paperwork was being filed. I'm sure once the paperwork if filed the steps I need to take will become clearer.

Thanks so much for advice/support! This is a lovely forum

Double check with the Canadian regional forum, because I know that the visa/ entry rules are different for you guys, but I'm fairly confident that you wouldn't need to apply for a CR1. You could just get married and file to adjust your status. If you don't need to return to Canada in order to settle your affairs there for several months while your AOS (adjustment of status) is being processed, then you could wait out the AOS time in the US, get your AP (allows you to travel) and then go back to pack up any belongings you want to have with you permanently.

There is a common misconception that the onus is on you to prove that you did not intend to get married and adjust, but this isn't the case. As long as you don't start canceling cell phones, advising bank accounts of changes of address, etc. before you get married, you should be A-Ok. And I only say 'should' because I'm not your assessing IO! lol..

[pushbrk 12,569]

Double check with the Canadian regional forum, because I know that the visa/ entry rules are different for you guys, but I'm fairly confident that you wouldn't need to apply for a CR1. You could just get married and file to adjust your status. If you don't need to return to Canada in order to settle your affairs there for several months while your AOS (adjustment of status) is being processed, then you could wait out the AOS time in the US, get your AP (allows you to travel) and then go back to pack up any belongings you want to have with you permanently.

There is a common misconception that the onus is on you to prove that you did not intend to get married and adjust, but this isn't the case. As long as you don't start canceling cell phones, advising bank accounts of changes of address, etc. before you get married, you should be A-Ok. And I only say 'should' because I'm not your assessing IO! lol..

Actually the onus is on the applicant with regard to entering with immigrant intent but the truth tends to trump in these matters, provided the story is plausible. Checking in with the regional forum is a good idea.

One process is for a visa and the other is to adjust status from within. Since visas are used to enter countries, of course you must obtain them outside the country you wish to enter.

[mox 298]

Double check with the Canadian regional forum, because I know that the visa/ entry rules are different for you guys, but I'm fairly confident that you wouldn't need to apply for a CR1. You could just get married and file to adjust your status. If you don't need to return to Canada in order to settle your affairs there for several months while your AOS (adjustment of status) is being processed, then you could wait out the AOS time in the US, get your AP (allows you to travel) and then go back to pack up any belongings you want to have with you permanently.

There is a common misconception that the onus is on you to prove that you did not intend to get married and adjust, but this isn't the case. As long as you don't start canceling cell phones, advising bank accounts of changes of address, etc. before you get married, you should be A-Ok. And I only say 'should' because I'm not your assessing IO! lol..

This is not quite accurate. There is quite possibly (and maybe even probably) going to be onus on the OP to prove she did not intend to immigrate to the satisfaction of the government. The armchair immigration lawyers in this crowd need to understand that adjusting status in the manner suggested is not a silver bullet, and it's not without risk. AOS is not guaranteed, and every day she's in the country overstaying her visit is adding overstay days that could quite possibly result in a multi-year ban should AOS be declined.

CR1 might take longer, and maybe it's more expensive, but it carries none of the risks associated with the overstay-AOS route.

If you're going to offer advice to the OP, at least understand these tradeoffs so that the OP can make an informed choice.

[Rebecca Jo 1,962]

This is not quite accurate. There is quite possibly (and maybe even probably) going to be onus on the OP to prove she did not intend to immigrate to the satisfaction of the government. The armchair immigration lawyers in this crowd need to understand that adjusting status in the manner suggested is not a silver bullet, and it's not without risk. AOS is not guaranteed, and every day she's in the country overstaying her visit is adding overstay days that could quite possibly result in a multi-year ban should AOS be declined.

CR1 might take longer, and maybe it's more expensive, but it carries none of the risks associated with the overstay-AOS route.

If you're going to offer advice to the OP, at least understand these tradeoffs so that the OP can make an informed choice.

The truth is really somewhere in the middle.

The law is written such that certain behaviors can be considered an attempt to evade US Immigration Law. Filing to adjust status from within US borders rather than apply for a visa from without can be considered such an attempt.

Practically speaking however in the case of adjustment from the family categories, such behavior is rarely questioned.

I did read a post a day or two ago of a visa applicant in London whose case in apparently in limbo due to possible misrepresentation at the border during their last US entry. This information is noteworthy as a reminder that we can never be sure what CBP has entered into the record and what is subsequently archived for future use by USCIS/DOS.

[mox 298]

Which is exactly why the OP needs to be advised of the dangers of the AOS method. I'm neither recommending for or against the method, only saying that people need to be careful in how they offer immigration advice. Telling somebody to "just apply for AOS while you're visiting, there should be no problems, tra-la-la!" is doing a disservice to the advice-seeker. It's only giving half the answer, and unfortunately it's the half of the answer that sounds the most tempting.

So my advice to the OP is to think very VERY carefully before doing the AOS method. Maybe you're saving yourself some time and money, or maybe you're setting yourself up for a multi-year ban from the US. And yes, the likelihood of it all going pear-shaped is probably low, but it's not trivial either. You need to weigh these considerations carefully.

Edited January 20, 2010 by mox

[Shanna22 0]

Some more great points, thank you all! After reading the AOS guide as well as the CR-1 guide, I have definitely decided to go the CR-1 route. It seems a little less risky, and if it takes a little longer or costs a little more, the benefits outweigh the risks.

From my understanding on the AOS it is adjusting one visa (visitor, work school) into another (spouse). Since I am Canadian, I did not require a visa to visit to the States. I am allowed to visit 6 months of the year.

I am going to check and make sure that means calendar months. If so, I have only been here a week, so I could marry, file CR-1, then spend some more time here on my allowed visit time before returning to Canada to process the visa.

I am going to do a bit more reading and make sure my ducks are in a row on this one, but assuming I CAN do it this way, this is the route I will take.

Thanks again!!!

[pushbrk 12,569]

Some more great points, thank you all! After reading the AOS guide as well as the CR-1 guide, I have definitely decided to go the CR-1 route. It seems a little less risky, and if it takes a little longer or costs a little more, the benefits outweigh the risks.

From my understanding on the AOS it is adjusting one visa (visitor, work school) into another (spouse). Since I am Canadian, I did not require a visa to visit to the States. I am allowed to visit 6 months of the year.

I am going to check and make sure that means calendar months. If so, I have only been here a week, so I could marry, file CR-1, then spend some more time here on my allowed visit time before returning to Canada to process the visa.

I am going to do a bit more reading and make sure my ducks are in a row on this one, but assuming I CAN do it this way, this is the route I will take.

Thanks again!!!

You are not changing a visa. Adjusting status is a change of status. No visa is involved. You can visit up to 182 days a year, technically. You can spread it out or do it all at once.