Living in USA, Fiance in Canada

[SamanthaCT 0]

We have just got engaged?

We are planning to marry soon.

Canada or USA? Which way is best if she will be coming to be with me in the USA?

Which visa best for her and most efficient?

She will be staying at home, not working outside the home.

[canadian_wife 1,808]

You may file the K-1 fiance visa which will allow her to come into the US and marry you and adjust status to a permenant resident.

You may also marry then file for the Cr-1 spousal visa which will allow her to come to the US as a permenant resident.

Click on the 'guides' tab at the top and read up on the procedures for the visas.

Where in Canada is your fiance? There are only 2 consulates in Canada (Montreal and Vancouver) who will interview for K/CR-1 visas so depending on where she lives, she will either go to Vancouver (if she lives in Manitoba or westward) or Montreal (if she lives in Ontario or eastward)

Good luck.

[Kathryn41 3,205]

I will add that you can expect both processes to take about 9 months to a year based on current processing times. Both have their 'pros' and 'cons'.

Once you have formed the intent to marry, there is no faster way to get her to the US than by pursuing one of these visa processes. (The third way, the K-3 visa, is now considered obsolete). She can visit you during these processes but she needs to show strong ties to Canada when she crosses the border to reassure border guards that she is not trying to evade immigration law and live in the US without proper authorization.

The K-1 fiancee visa means you can't get married until she gets her visa and arrives in the US, then you have to get married in the US within 90 days. Then she has to apply to become a permanent resident in order to stay in the US (called Adjustment of Status). You start the process by filing an I-129f petition. When that is approved the process moves to the US Consulate in Canada who will contact her and tell her what is needed. She will need to do an immigration medical, get security clearances, and attend an interview among other things.

The CR-1 visa means you need to be married first to apply. You can get married either in Canada or the US, but she stays in Canada while the visa is processed. Once she receives the CR-1 visa she crosses the border and becomes a permanent resident right away (ie. gets her green card). You start the process by filing an I-130 petition. When that is approved the process again moves to Canada, and she must again do an immigration medical, get security clearances and attend an interview among other things - same as for the K-1.

You will find reading the guides at the top of the page and at the top of the forums very useful. Good luck. Be sure to check us out in the Canada Regional Forum as well - you will find lots of people with similar experiences to yours who are more than happy to help and answer questions.

Edited February 19, 2010 by Kathryn41