Info Buddy?

[Tater&Bugger 3]

Thanks for opening my topic... I am not sure if anyone could help but I thought I'd give it a shot. I am looking to get into contact with someone who has been through a similar situation as mine (ie states, country etc...) that my fiance and I can ask questions to. Seems like a cop out but we're both in particular situations at the moment =) so here it is.

I am Canadian, he, obviously American (residing in the state of NY). He is in the US Army and currently on deployment, coming home in a couple months. I am a civilian working for the Canadian Forces in the middle east and am done in a few weeks... but we're both in different countries out here. Last summer before our deployments we made the beautiful decision to get married once we get back. His tour end date was up in the air, and is still not official but we are told early May (found out a few days ago). We had always planned to get married as soon as possible after we got back but obv it depended on when he got back. So now that we know we have to get this ball rolling. If we wait to start the process when he is home we'll never be able to get married this summer. Our goal is July 31 (million of diff reasons) but that still seems pretty impossible. We'll see how it goes.

The plan is for him to fill out the initial form (we'll be doing it via skype online) and then he mail it to my home address in Canada, I review it, and send it from NY (where my mom is residing and I spend a lot of time). We figure by the time the paper work is received and yada yada he'll be home and we can take the rest from there. Does this idea sound too crazy?

If anyone has experience of a Canadian going through the process with someone from NY too that would be helpful, I'd love to hear anything. It's just tough out here so we're looking for all the help we can get! Or anyone who is a member of the US armed forces, if you have any other advice that is great too. He is trying to speak with all the contacts he has, but from a tent in a war torn country it's a bit tough!

Once the initial paper work is done and accepted I am not too worried because then we'll have an idea of the end date and can make our wedding date official.

T&J

[Otto 83]

There's a very active Canadian Forum here on VJ - lots of senior members.

Welcome to VJ

**Unless there are any objections - I'll move the thread to the Regional Canadian forum (from K-1).

[Spoom 8]

Welcome to VJ!

Check the visa comparison guide, if you haven't already. It sounds like you want to go the K-1 route though, which is probably best for your situation, so you should also read the K-1 guide to figure out your first steps.

One of the things you may not have been aware of is that because your fiance is in the US Army, you may be eligible for expedited processing (especially if he is or will be stationed abroad). Try calling the USCIS Military help line at 1-877-247-4645 and/or checking the USCIS military home page to inquire about that as I'm not all that familiar with the process.

[Tater&Bugger 3]

Welcome to VJ!

Check the visa comparison guide, if you haven't already. It sounds like you want to go the K-1 route though, which is probably best for your situation, so you should also read the K-1 guide to figure out your first steps.

One of the things you may not have been aware of is that because your fiance is in the US Army, you may be eligible for expedited processing (especially if he is or will be stationed abroad). Try calling the USCIS Military help line at 1-877-247-4645 and/or checking the USCIS military home page to inquire about that as I'm not all that familiar with the process.

THANK YOU! This (and the other posts) are exactly what I was looking for. I know of the military helpline but unfortunately my man doesn't have a phone haha but he bought minutes on his skype so can try calling from there. I read online about military members getting assistance and it can be a bit quicker but that's all they say until you can call. My location is a bit easier to get online so I am getting the info so he can do the work (I would call for him, but since I am not his wife... lol). Unfortunately the internet here can be a bit off and so it can take me hours to look up a page it may take someone else 10 mins =) beauties of the land of sand. You guys gave me exactly what I was looking for, or at least a path to the answer.

Thanks again! Much appreciated.

T, on behalf of T&J

[trailmix 77]

Hi and welcome,

One member that comes to mind is Bern, she is a VJ member from Canada and her Husband is also deployed right now, but they are applying for a CR1/IR1 visa.

Unless you live in Western Canada and therefore your interview would take place at the Vancouver U.S. consulate, then it is very unlikely you will be interviewing in or before July. People who live in Eastern Canada will interview at the consulate in Montreal and the wait to get an interview (after all the paperwork is done) is 3-5 months.

Another option is to get married and then file for a CR1 visa. This will take around 8-10 months to complete.

So you have a few options, K1, fiancee visa or CR1, spousal immigrant visa.

[Inky 1,110]

It is possible that he could get an expressed petition, you both work for military which means you both have major background checks on file already. Which is a big thumbs up for you and means that your background checks will not take as long as regular petitions. If you file your petition and wait untill you have a cashed check for it, then call the military hotline ( your fiance will need to ) they will ask him to send evidence of his deployment etc, and wait 5 weeks. They will then deside if they will give you an expedited petition.

[Tater&Bugger 3]

Hi and welcome,

One member that comes to mind is Bern, she is a VJ member from Canada and her Husband is also deployed right now, but they are applying for a CR1/IR1 visa.

Unless you live in Western Canada and therefore your interview would take place at the Vancouver U.S. consulate, then it is very unlikely you will be interviewing in or before July. People who live in Eastern Canada will interview at the consulate in Montreal and the wait to get an interview (after all the paperwork is done) is 3-5 months.

Another option is to get married and then file for a CR1 visa. This will take around 8-10 months to complete.

So you have a few options, K1, fiancee visa or CR1, spousal immigrant visa.

1- Are there only interviews in Montreal or Vancouver? I live in Ottawa and the US embassy is here, would they not do it there?

2-Getting married first and doing the visa second seems easier to me, but where can we legally get married though?

I keep finding SO much conflicting info everywhere I look.

[Inky 1,110]

Only montreal if you live in ottawa, the ottawa embassy doesnt do visas anymore.

[Hugglebuggles 60]

You can get married anywhere you wish- Canada, the US, outer Mongolia, it really is completely up to you. Just be aware that if you decid to marry in the US, you may have to prove your intent to return to Canada after the marriage takes place. You can do this by preparing strong ties to Canada (ie. a letter of employment, lease or mortgage, etc.) If you decide to marry in Canada, your fiance will probably be asked for the same information when crossing the border. It's definitely possible- a lot of people do it all the time.

Welcome to VJ!

[Tater&Bugger 3]

It is possible that he could get an expressed petition, you both work for military which means you both have major background checks on file already. Which is a big thumbs up for you and means that your background checks will not take as long as regular petitions. If you file your petition and wait untill you have a cashed check for it, then call the military hotline ( your fiance will need to ) they will ask him to send evidence of his deployment etc, and wait 5 weeks. They will then deside if they will give you an expedited petition.

I am really hoping they can do something when he calls. Here is what sucks, we looked into all this back in October and were totally given the wrong info. I was on the same USCIS site and looked up some other things... he is from MI but lives in NY so maybe I was looking at it if it were being sent to the CA office and not VT. We were under the impression it would take about 2 months to get things all together, so we were waiting until we knew when he was back and would send the paper work 3 weeks out. So he just got his approx dates home and today we realize that #######, it's going to take much longer so now we are rushing to get the pakage together. Gawd I hope I don't miss anything! Our main challenge will be him getting a passport photo. I hope someone out there can help him, but unfortunately they are more than unhelpful at times. I would assume they keep a photo on file so maybe the helpline can fwd it for him. It's hard enough for him to just get a hot meal, I wonder how this passport photo business will go haha.

On another note - I was only planning on living in the states for a year or so, then we were likely going to move back to Canada... does anyone see a better way of doing this? If I have to stay there we will, but we are leaning more towards settling in Canada when all is said and done.

Thank you!

[Tater&Bugger 3]

You can get married anywhere you wish- Canada, the US, outer Mongolia, it really is completely up to you. Just be aware that if you decid to marry in the US, you may have to prove your intent to return to Canada after the marriage takes place. You can do this by preparing strong ties to Canada (ie. a letter of employment, lease or mortgage, etc.) If you decide to marry in Canada, your fiance will probably be asked for the same information when crossing the border. It's definitely possible- a lot of people do it all the time.

Welcome to VJ!

Ya see - when I leave here in April I won't have a job because I am intending on getting married and moving haha and so I don't have a home either, just bunking with my Dad in Ottawa and Mom in NY most of the time. I have no ties or proof that I'd be returning to Canada other than the healthcare . That wouldn't go very well I don't think.

[Tater&Bugger 3]

Another question on the embassy... on the application do I put Ottawa or Montreal then?

[Inky 1,110]

you put montreal as your consulat not ottawa

My husband is active duty airforce our K-1 petition was approved in about 5 days after we got our first notice from the american government - not saying yours will be THAT fast but its possible it will be fairly quick.

Montreal was also very good about making an interview date with me, i emailed them regarding my husbands deployment coming up and requested if possible for a sooner interview and they let me pick my own interview date.

[Inky 1,110]

On another note - I was only planning on living in the states for a year or so, then we were likely going to move back to Canada... does anyone see a better way of doing this? If I have to stay there we will, but we are leaning more towards settling in Canada when all is said and done.

Thank you!

Im not sure a K-1 will be the way for you to go then if you are only planning on staying 1 year, you wont be able to leave america on activation of your visa untill you have a green card even then you cannot leave for extended periods of time untill you get your 10 year card.

If your looking at both living in canada and not america then I would say you probably want to go that rout first instead. He will have to quit the military not sure how easy that will be.

[Hugglebuggles 60]

If you ultimately want to live in Canada, then you might want to rethink your plan. If you marry your American fiance, apply for the CR-1 visa, become a permanent resident of the USA, and then move back to Canada, you will be abandoning your US residency. As a general rule, US PR's aren't allowed to leave the US for more than 1 year at a time without having to apply for a reentry permit. You can't simply visit the US once a year in an attempt to keep your Green Card active either. Taking up residency in another country is grounds for having your GC revoked. This means that if you and your fiance ever wanted to move back to the US, you would need to start the entire immigration process over again.

To me, it seems like a lot of time, money, and resources if you just want to live in the US for a year. But, by all means, it is completely up to you. If this doesn't bother you, then go for it. Just keep in mind that you will be spending near $1000 in filling fees, plus travel to Montreal for your interview and medical, as well as the costs of obtaining needed vaccinations, a police check, and other documents you may need to gather. It's definitely a process that takes a lot dedication and resources.