Canadian Girl Trying to Figure out Best Options

[Wyatt's Torch 45]

Random Question: Is the CR1 the best visa for me?[

I know this is going to sound really dumb, so please forgive me for sounding stupid. But when I went to NC, I went there to see their colleges because I was intending on attending for my graduate studies. Somewhere in there, my best friend asked me to marry him... and hense this is where I stand.

Are you still in the United States right now? It doesn't look like it. Now IF you had legitimately gone down to the U.S. to either go to to University, or for another similar reason, and just happened to fall in love and get married...well, you could have attempted an Adjustment of Status and get your PR status that way. It's a fairly dicey proposition though, and you can't do it if you're back in Canada now, since it comes down to one's intentions when crossing the border (i.e.: you had NO intentions of getting married when you crossed the border the last time -- your intent was to check out suitable colleges. But your intent for crossing the border the next time will be to visit / be with your husband and/or attend college etc.)

I know that many of you have said "go for the CR-1" or ulterior motives if I file for student, etc. . . but I'm genuinely wondering about it. Ultimately that's what's stopping me from sending in my visa application. I just don't know what to do or which moves to make.

If you get your CR-1 visa, you will be perfectly able to attend college / university down there, PLUS you will be a permanent resident and will be able to work etc. without needing to go through more paperwork or get other visas. If you try to get a STUDENT visa, then you will still have to go through getting at least one other visa, PLUS, there will be major questions about your intentions, given that you're already married to an American. I can't really see a scenario where getting a student visa makes ANY sense at this juncture. Now that you are married to an American and you live in Canada, your hands are pretty much tied to the CR-1. And yes, it's not likely that you would be able to live and/or attend college in the U.S. during the visa process. You can visit, sure, but likely not for an extended period.

I was intending on sending in my applications for graduate studies but due to the costs of it and the amount of effort required for it, I'm holding off because I can't decide which visa would be better. I'm sure it'll look *REAL* nice when I walk up to the Border saying "hey I'm here to stay in the US for 6 months, yes this is all my stuff... I'm a graduate student at this university, btw I'm also married to a US citizen and my other visa is in your system... no ulterior motives there keke". (Okay, not quite in that tone but you get the picture).

As I mentioned above, the marriage issue is really the lynch pin in the whole situation. If I were you I'd start the CR-1 process ASAP and look at continuing your education in the fall semester down there at the very earliest. Winter 2011 is probably your safest bet though.

Going through with a CR-1 is going to reduce the complications for you. In seven or eight months, so long as everything goes smoothly, you'll be a U.S. Permanent Resident, with the right to work or attend college as you please...with no worries about filing anything else other than a removal of the conditions of the PR status a couple of years later.

[ZansGirl 0]

Random Question 2: Is the whole visa process worth it? (This is an opinion type question)

Yes I know it sounds silly to ask if it's worth it, but really... what if you're a person who isn't intending on working in the States. What if you want to visit for 6 months at a time, fly back to Canada for a weekend, return for the next 6 months. The other plan I had that was a possibility was not working at all and schooling (through correspondance) while I stayed at home with the kids. Would this be a viable option?

In theory..it is possible....In reality..not so much. The issue comes that you are MARRIED to an USC.....Border officers are of the opinion EVERYONE who is married to a USC WANTS to Immigrate....and that some may try to circumvent the procedures...I highly doubt that 'visiting' for six months...going back to Canada for a weekend and "visiting" again..is going to look like you are trying to live in the country illegally....

I know it sounds stupid and so much hassle...but IMHO..IF you are married already...bite the bullet....do the CR-1 visa..that allows you to work as soon as you get to the States...and visit back and forth throughout the process...just make sure you have your evidance.

I had a part time job and shared rent with friends, so my ties were slim...I had no issues..I told them I had applied for a CR-1..brought every ORIGINAL peice of correspondance we got from USCIS and I only had an issue in the summer..once...

Do your homework...educate yourself as much as humanly possible regarding every step of the process...the more you know the better!!

[Wyatt's Torch 45]

Yes I know it sounds silly to ask if it's worth it, but really... what if you're a person who isn't intending on working in the States. What if you want to visit for 6 months at a time, fly back to Canada for a weekend, return for the next 6 months. The other plan I had that was a possibility was not working at all and schooling (through correspondance) while I stayed at home with the kids. Would this be a viable option?

Well, you husband, the U.S. citizen, is the one who has to prove that he can support you -- he is ultimately "on the hook" for you, from a financial standpoint. So if your marriage is bonafide, and you don't want to work, that's between you and him moreso than the USCIS.

The "visit for 6 months at a time, fly back to Canada and return" issue is NOT wise in any way. There is a VERY strong chance that you will get denied at the border. It's just not a good way to go about maintaining a marriage. Remember that the U.S. is a foreign country. Sure, there are perks to Canadians visiting the U.S., but don't take it for granted that "six month visitation" is a given. It will become VERY clear to the border patrol that you are a de facto immigrant, trying to live in the U.S. without actually immigrating. They will not look kindly upon it.

Honestly...the only uncomplicated and completely legitimate path open to you is the CR-1 visa right now.

[Krikit 1,163]

Random Question 2: Is the whole visa process worth it? (This is an opinion type question)

Yes I know it sounds silly to ask if it's worth it, but really... what if you're a person who isn't intending on working in the States. What if you want to visit for 6 months at a time, fly back to Canada for a weekend, return for the next 6 months. The other plan I had that was a possibility was not working at all and schooling (through correspondance) while I stayed at home with the kids. Would this be a viable option?

If you appear to be a de facto resident to the CBP Officer..... which, in essence, you are if you follow the above plan.... you will be denied entry for failing to have the proper visa. You will also be impacting your health insurance and tax situations in both countries. You cannot have it both ways. You are either a Canadian resident or a US resident.

[canadian_wife 1,808]

I agree, as someone who has been through the student visa process I can tell you that the CR-1 is the best way to go for a few reasons. First that if you attend a school in the US you'll have to show that you can support yourself as you'll need to pay out of state tuition. I had to show, when I applied 5 years ago, that I had $20,000 to cover tutition, books, living, and insurance. Secondly a student visa is a non-immigrant visa and you must do 2 things to get this (unless it has changed of course) you must show that you intend to return to Canada and you must also disclose any family you have in the US. When you disclose that you have a husband in the US this might make it more difficult to apply for a student visa.

Cr-1 certainly seems worth it to me and actaully the better option. It will be cheaper for you to attend school as a resident and you'll be able to work without any restrictions, unlike a student visa

Good luck

[trailmix 77]

Hi and welcome

I was intending on sending in my applications for graduate studies but due to the costs of it and the amount of effort required for it, I'm holding off because I can't decide which visa would be better. I'm sure it'll look *REAL* nice when I walk up to the Border saying "hey I'm here to stay in the US for 6 months, yes this is all my stuff that I physically own that I'm taking with me... I'm a graduate student at this university, btw I'm also married to a US citizen and my other visa is in your system... no ulterior motives there keke". (Okay, not quite in that tone but you get the picture).

You are right, you may be questioned you may be turned back. This is true of every Canadian that crosses the border in to the U.S. - the fact that you have a U.S. citizen spouse does tip the scales a little further in to 'what is this person's motive' territory.

The thing is, you are going to disclose all of this for a student visa, it is asked on the DS-156, question 37:

Are Any of The Following Persons in The U.S., or Do They Have U.S. Legal Permanent Residence or U.S. Citizenship? "Husband" is one of those persons listed.

I'm just pointing this out fyi - i'm not very familiar with student visas.

Random Question 2: Is the whole visa process worth it? (This is an opinion type question)

Yes I know it sounds silly to ask if it's worth it, but really... what if you're a person who isn't intending on working in the States. What if you want to visit for 6 months at a time, fly back to Canada for a weekend, return for the next 6 months. The other plan I had that was a possibility was not working at all and schooling (through correspondance) while I stayed at home with the kids. Would this be a viable option?

This is not a practical option at all. Each entry to the United States is completely up to the border guard at the time of entry. They do not want people visiting the United States and 'residing' there. Even though you may not want to work there or do anything that a legal PR could do - the fact that you kind-of-sort-of plan to live there will not fly. You might even get admitted a few times, but eventually you will probably be turned back.

I understand that you are trying to think out of the box here - most people do that when they first start thinking about possibly moving to the U.S. There are no great shortcuts in this process. If you want to go and live there you need to purely think in terms of a visa.

Edited January 31, 2010 by trailmix

[Wyatt's Torch 45]

Maybe this is a moot point, but you also have to consider what your husband wants from you too. If it is indeed a legitimate marriage, borne out of love and not convenience, I'm sure he would want you to be a resident.

There are no short-cuts for your situation now. The more I think about it, the more I'm certain that the ONLY option open to you is a CR-1 at this juncture.

[LadyEralam 0]

So it really is "go big or go home" in this situation then. When I got married I wasn't intending on getting married, in reality I was looking at schools. I haven't applied yet or even been granted a visa for being a student.

After much reflection I think the best option for us would be to complete the CR-1 mostly because of the costs involved. It apparently makes a rather big difference when going to school if you're an international student versus a resident.

What are the possibilities of me being able to go down at the end of april for the summer? Is it a no go or is it possible to be gone to visit in the US for 4 months then come home? Ideally I'd like to be in the states for my big wedding but that's in october.

Should I continue with planning the wedding? Will I have trouble at the border if I'll be in the states for that long?

[Flames9_RN 358]

No1 can say if you will have a problem or not! it ALL depends on the port of entry (POE) officer! And how strong of ties (evidence) to Canada you can provide them! And yes even with rock solid evidence,they can still deny you entry! But many of us had no problems visiting! My free advice is down below in my signature!

[Krikit 1,163]

What are the possibilities of me being able to go down at the end of april for the summer? Is it a no go or is it possible to be gone to visit in the US for 4 months then come home? Ideally I'd like to be in the states for my big wedding but that's in october.

Should I continue with planning the wedding? Will I have trouble at the border if I'll be in the states for that long?

You have been told a number of times within this thread that it is entirely up to the CBP Officer at the POE. Not one of us can tell you, definitively, what the outcome will be until it is done. Planning a ceremony prior to issuance of a visa is inadvisable for the very same reason. If you are very very lucky and have filed for the visa yesterday, you MAY receive it in time for your wedding.

[trailmix 77]

You have been told a number of times within this thread that it is entirely up to the CBP Officer at the POE. Not one of us can tell you, definitively, what the outcome will be until it is done. Planning a ceremony prior to issuance of a visa is inadvisable for the very same reason. If you are very very lucky and have filed for the visa yesterday, you MAY receive it in time for your wedding.

As krikit said, no one can tell you this definatively.

As I mentioned before, you are trying to think outside the box - that's ok, but you are basically just stating the same thing in a different way.

A good exercise when examining all these different ways - the border quiz:

Border inspection officer: Good morning, what is the purpose of your visit to the U.S. and how long are you staying.

You: <enter all your possible scenarios here and then decide whether or not they will fly - be 100% crystal clear and honest>.

[Wyatt's Torch 45]

I must admit...I get a little concerned when I read something like, "When I got married I wasn't intending on getting married, in reality I was looking at schools." It sounds almost like it was something whimsical...just did it off the cuff for the heck of it. Remember that when you file for a CR-1 visa, there needs to be proof of a long-standing relationship, preferably with wedding pictures and other supporting information showing that you two actually love each other and got married FOR love. If you just cavalierly got married because it seemed like a good idea at the time...it's quite possible that they won't look kindly upon your application when it comes to your interview.

I don't know you at all, and so I can't comment on your reasons for getting married when and how you did...but just be prepared to have every aspect of your relationship and rationale for moving to the U.S. examined thoroughly.

[LadyEralam 0]

I must admit...I get a little concerned when I read something like, "When I got married I wasn't intending on getting married, in reality I was looking at schools." It sounds almost like it was something whimsical...just did it off the cuff for the heck of it. Remember that when you file for a CR-1 visa, there needs to be proof of a long-standing relationship, preferably with wedding pictures and other supporting information showing that you two actually love each other and got married FOR love. If you just cavalierly got married because it seemed like a good idea at the time...it's quite possible that they won't look kindly upon your application when it comes to your interview.

I don't know you at all, and so I can't comment on your reasons for getting married when and how you did...but just be prepared to have every aspect of your relationship and rationale for moving to the U.S. examined thoroughly.

I appreciate your concern but I'm not here to neither defend nor explain my relationship or my marriage. Marriage isn't all about big fireworks, swooning love songs and what not. When we married it was akward and strange because I married my best friend. We didn't marry out of rashness, or out of need. We married because we knew we could get along and any problem we encountered (as we did in the past) we'll be able to handle. Don't get me wrong, I'm not saying I don't love my husband or I married for the wrong reasons.

Truly contrary, however I fell in love with my husband after we were married.

Regardless of the matter.... even if I did marry out of a whim, or a dare, even a bet... it wouldn't matter. Reason why I married may be strange, but I stay married because I choose to be. I make that decision every day to remain married and faithful to my husband because I care for him. Nothing in life is guaranteed, not immigration papers, not love and definatley not marriage. It takes time, effort and work. While my marriage may have started differently than others, it's how it will end that will determine what my marriage was really like.

I'm moving to the states, giving up my job and taking a 60k per year paycut, leaving behind all my family and friends in Canada and living a domestic life because I love my husband and I see him as the person I genuinely want to spend the rest of my life with.

[Wyatt's Torch 45]

Regardless of the matter.... even if I did marry out of a whim, or a dare, even a bet... it wouldn't matter. Reason why I married may be strange, but I stay married because I choose to be. I make that decision every day to remain married and faithful to my husband because I care for him. Nothing in life is guaranteed, not immigration papers, not love and definatley not marriage. It takes time, effort and work. While my marriage may have started differently than others, it's how it will end that will determine what my marriage was really like.

All I was getting at is that your relationship WILL be delved into by immigration. When you tell the consular officer at your immigration interview that your marriage was "awkward and strange", be prepared for a lot of grilling. I am not judging you for the origin of your marriage, but you can rest assured that they will be. Despite the fact that a CR-1 visa in Canada takes 7-10 months from start to finish, it really is the fastest method to become a permanent resident. That's because its sole purpose is to unite two married people, and for no other reason. It IS a visa for love, and trust me...the time spent separated does nothing but strengthen the marriage.

If you do go the CR-1 route, just make sure you can prove a lasting, loving relationship with your husband. In literally ALL of the reviews of CR-1 interviews, a convincing description of how a couple met and fell in love prior to getting married has been key.

Edited January 31, 2010 by Wyatt's Torch

[LadyEralam 0]

I'll keep that in mind.

I never said my marriage was "akward and strange", the circumstances of how I got married may have been. If they ask me, I'll tell them the truth of what it feels like to be newly married and to be a country apart from your husband, sorting out paperwork and doing everything while attempting to maintain family ties and a relationship. If it isn't hard enough for most couples to adjust to each other while living together in the first six months of marriage, they should take into account that we have to do the same thing while being in two different countries. The part that is truly akward is when I have to sit a country apart, doign things that I would rather be doing in person with my husband: Things like sorting out the bills, teaching him how to cook, shopping for a house, a car, all that stuff all these things that normal couples take for granted, things that people talk about when they talk about marriage... we have to do through the blinking eye of a webcam and a laptop or through electrical impulses through a cell phone on top of the other things that we'd like to do as a couple... like go on dates which we're confined to the internet for comfortm, eat meals together which is somehow accomplished through webcam. These things that have the semblance of normalcy that most people seem to take for granted.

I wish I had the luxury of boring the immigration officers with a long winded story of a fated romantic encounter on a beach somewhere with a handsome stranger. Instead all I can tell them is the story of how a girl met a guy under some pretty bizarre circumstances and somewhere in that hodgepodge they married and found happiness together afterwards.

Is that anymore unrealistic then "I met my husband after I married him, my parents did the arranging... don't worry he's from India so it's all okay."?

Or "I went to North Carolina because someone dared me to, at the bar I met some guy we hit it off and got married two days later but we're happy!"

Or as my story goes "I met my husband over the internet on an online game where he was a forum moderator and I was a problem child poster that kept getting into fights with the moderators and he was the one assigned to 'keep an eye on me'."

Everyone has their story. Each marriage is unique. Personally if I was an immigration officier and someone came up to tell me that they just got married and their marriage is all rainbows and puppydogs, I'd raise an eyebrow. Maybe it's because I'm a realist. I'll keep my answers brief and concise unless asked to elaborate, I know giving anything more will raise suspicion.

Where did we meet? -- An online game

How long have we known each other before we married? -- 16 months

Have you visited each other in the meantime? -- Yes we have, here's my passport and plane tickets... here's his.

Do you two talk to each other? -- Here's my big cell phone bill.

Do you have proof of your marriage? -- Here's a copy of our certificate notarized at the magistrate's office, here's the lease for our apartments in Canada and in the US where we both stay when we're visiting. Here's also our bank statement from our joint account, tons of photos from our visits.

Maybe I might pass, maybe I'll fail. Would they rather have me lie about when I fell in love with him or just tell them the truth? Before we married all I did was care for him deeply. The love came afterwards and it was something we both had to learn: You don't "fall" into love, that's lust and infatuation. While with time it can become the precursor to love, the two aren't the same. If you want proof of a real marriage, it isn't about those feelings of "falling" in love, it's about learning to choose love and this person that you married above all others and to always act in their best interests.

If that wasn't the case, what's there to stop people from "falling" out of love? Nothing.

It's easy for people to fall out of love, it's harder for you to unlearn how to love. If that answer isn't sufficient, then I don't know what is.

All I was getting at is that your relationship WILL be delved into by immigration. When you tell the consular officer at your immigration interview that your marriage was "awkward and strange", be prepared for a lot of grilling. I am not judging you for the origin of your marriage, but you can rest assured that they will be. Despite the fact that a CR-1 visa in Canada takes 7-10 months from start to finish, it really is the fastest method to become a permanent resident. That's because its sole purpose is to unite two married people, and for no other reason. It IS a visa for love, and trust me...the time spent separated does nothing but strengthen the marriage.

If you do go the CR-1 route, just make sure you can prove a lasting, loving relationship with your husband. In literally ALL of the reviews of CR-1 interviews, a convincing description of how a couple met and fell in love prior to getting married has been key.