Really hoping that I'm doing this the right way

[MissNiss 0]

I am a canadian and I was visiting my boyfriend for three months during this summer. I came back to Canada to stay for a week and catch up with friends and family, then was planning to return to the US to visit him for the rest of the summer. I know that six months is the most a Canadian can spend in the US, so I thought that it wouldn't be a problem.

I was turned away at the border due to the fact they thought I would not return to Canada. My boyfriend immediately flew up here to visit me and ended up proposing to me (yay!!).

Now, my question is, what is the best/quickest way to obtain a visa to see him? I miss him so so much, and looking at the forums it sounds like I might not be able to see him for months. He is planning on returning to Canada to marry me up here, but would it be better to obtain a fiance visa and marry in the US?

So many questions. We spoke to a lawyer the other day that sort of clarified things a bit, but i am hoping that I can get some advice from someone who's already gone through this whole process.

thank you so much for taking the time to read and answer

[Que Saudade 284]

Start by reading here. http://www.visajourney.com/content/guides Specifically, what visa do we need. There are pros and cons to both the K1 and CR1. The decision will be ultimately yours.

Edit: You DO NOT need a lawyer unless there is some criminal background or something weird.

This process is done by thousands on their own with success. Save your money and read the guides here on VJ, read the instructions on the forms, and ask questions here. You can do it..!

Edited August 4, 2012 by Que Saudade

[aaron2020 11,651]

With a denied entry, you will definitely need a visa to come back to the US.

A fiancée visa or spouse visa will take at least 6 months. Lots of couple endure this separation. At least your fiancé can visit you.

The quickest and best way is a spousal visa. Get a court house marriage and file. Have your big wedding anytime afterwards. You'll be authorized to work as soon as you enter the US and can immediately travel outside the US.

The fiancé visa and a marriage in the US will require you to file to adjust your status. You will have to wait 2-3 months to get your work authorization and permission to travel outside the US without abandoning the process.

Edited August 4, 2012 by aaron2020

[OnionsJester 1]

I'd do a CR1/Marriage visa if I were you. I did a K1/Fiancée visa, then got diagnosed with cancer before we managed to file for a change of status, and since I had to leave the country for treatment, we had to start all over again.

Save your time and money (and sanity) and get married asap then file, like aaron2020 said.

[Que Saudade 284]

Even though we did K1, I think I would suggest CR1. The reason we did K1 was that for us to get married in Brazil, it was going to take some logistical work. We had to both appear in person at a local office to apply for marriage license. Then, we would have to wait 30 (or more because it's Brazil) days. Then we could get married. So there was no way to accomplish that. So we decided to go ahead and file to start to wait clock ticking down. We saved about 2 months.

But being from Canada, it is much different.

[canadian_wife 1,808]

With a denied entry, you will definitely need a visa to come back to the US.

Not necessairly, I was denied entry twice and was readmitted 2 weeks later without issue and without a visa. This is Canadian specific however.

It will need to be determined if it was a simple denial or an expedited removal (rare for Canadians). OP - was there anything written in your passport?

I've been in your situation, PM me if you want advice or have questions. Must of what will progress will be country and consulate specific

PS - if you marry in Canada, you cannot petition until you have your marriage certificate, which can take 6-8 weeks after the marriage, the provice needs to register the marriage before the certificate is issued

Good luck

[Kimbear 53]

Not necessairly, I was denied entry twice and was readmitted 2 weeks later without issue and without a visa. This is Canadian specific however.

It will need to be determined if it was a simple denial or an expedited removal (rare for Canadians). OP - was there anything written in your passport?

I've been in your situation, PM me if you want advice or have questions. Must of what will progress will be country and consulate specific

PS - if you marry in Canada, you cannot petition until you have your marriage certificate, which can take 6-8 weeks after the marriage, the provice needs to register the marriage before the certificate is issued

Good luck

i was denided entry i think a total of 3 times in 2 years. ..mostly cuz they thought i would not go back to canada, insufficient ties and all that. technically it was not a denial they just had me withdraw my entry or something..gosh i can't think of what it was! anyway they gave me a paper for it as well which i included with my applilcation. with the inifo on the refusal of entry. it was no big thing...just make sure whichever way you go k1 or cr1, you keep a copy of everything and brin git with you to the border. it usually shuts them up and they let you in when they see yoru doing it the legal / correct way.

[smrowe 12]

One response to the comment that if you get married in Canada you have to wait until you have your marriage certificate to file the I-130: I saw several people who sent in a copy of the Record of Solemnization of Marriage sheet that you get on the day of the wedding along with a letter that said they had requested the certificate and would send it along when they received it (mention the long processing times to get the marriage registered). That way you're waiting for the certificate and the NOA2 at the same time. There were some who got an RFE for the certificate, but more recently people got all the way to NVC and then just included the certificate in the IV package. This is what I did, so I'll let you know how it pans out. Another tip I read (too late for me) was that some people had their officiant write a letter that was included with the paperwork to register the marriage saying that it was needed for immigration purposes, and their marriages were registered in only 2-3 weeks. I hope this helps!

[Flames9_RN 358]

Which visa is best varies from person to person! Take a look at the table and see which one would better suit you:

http://www.visajourney.com/content/compare

Yes as others have mentioned, being denied entry is not the end of the world! Ensure you always have evidence that you are going to return to Canada----and even with that, the POE officer can still deny you entry!! Canadians are allowed to visit, BUT do not have a RIGHT to visit! And the POE officer can limit how long you stay.

So take a look at that comparison table and decide which is the better route to go!! If you need to work right away, then the cr-1(already married) is prob the better route, but it can take a bit longer than the fiance (k1) visa. Disregard the k3 visa, its gone the way of the dodo bird!!

At the top of each forum is a GUIDE!! Ensure you read them--no 1 cares more about ur situation, than you!! Its a fairly easy process, its just the waiting that sucks

[pocheros 101]

The guides are an excellent resource! I wrote some long posts on this topic before. I'll quote them here. Long story short, CR1 is faster and cheaper than K1 UNLESS you live in western Canada in which case you MIGHT want to get a K1. The process takes about a year for either visa. During this time you can try to visit the US but you might get turned away (if you get turned away it's not big deal; it doesn't affect your visa.) Your boyfriend can come visit canada too and that's usually less of a hassle. From this thread http://www.visajourney.com/forums/topic/370350-us-citizen-marrying-a-canadian-citizen-immigration/

There's two marriage based visas.* The K1 is for engagement/fiances, and the IR1/CR1 is for spouses. There's no official engagement process- if you decide you're engaged you simply file for a fiance visa (the initial application for the fiance is called I-129F). If you go the other route, before you do anything else you get married. After you've been married you file for a spousal visa which is the I-130. You can do either. In both cases you have to demonstrate that you have a valid relationship but this is generally pretty easy to do if you've kept photos, receipts, boarding passes etc. Don't worry if you don't have an engagement ring as proof if you go for a fiance visa- some VJers mention this, it's not necessary.

*There's also a K3 visa, don't bother with this one as it's basically defunct and takes longer than either the K1 or CR1 and is more expensive.

Ultimately, the CR1 results in a visa AND green card at the same time. The K1 only results in a visa which she would use to enter the USA, then marry you, THEN apply for her green card. CR1 is usually a better option. I said that the K1 visa is faster in my last post, but that only factors in the amount of time it takes to process the visa. When you consider the extra time it takes to get a green card compared to the CR1 it is actually either the same amount of time or slower. The K1 visa is also more expensive. By the way, you can expect the the immigration process from the initial position to the acquisition of the green card to cost about $2-$3K.

The only time I recommend a K1 is if your fiance lives in western Canada (I think it's considered Manitoba and west, but it might be saskatchewan and west?) This is because ALL spousal visas/CR1s have an interview at the consulate in Montreal. Nope, it doesn't matter if she lives in Vancouver- if she applies for a CR1 she has to go to Montreal. And Montreal is a very slow consulate.

However, if she applies for a K1 AND lives in western canada she gets to interview at the consulate in Vancouver, which is significantly faster (2-3 mos it seems) than Montreal. If she lives in Eastern canada it doesn't make a difference if she applies for a K1 or CR1- she still goes to Montreal.

The CR1 and K1 are visas that entitle your honey to enter the US. The visa DOES NOT entitle her to permanent residency- the green card is what grants her permanent resident status, and her K1 visa in combination with the marriage certificate and I-94 allows her to file for a green card. Permanent residents get the privilege to work in the US, travel freely in and out of the US, get a driver's license, etc. They don't get the same protections as citizens do in the justice system but they effectively can live like an american inside the US. After maintaining permanent resident status for 3 years she can apply for american citizenship. And yes, you can be a dual canadian and american citizen- woohoo, that's fun!

Here's how it goes down effectively for a CR1: Once she receives her visa from the consulate in Montreal, she gets to cross the border and start living with you. A couple weeks later her green card will arrive in the mail, but for all intents and purposes she is a permanent resident. That means she can get an SSN, opena bank account, start working, etc. pretty much immediately.

Here's how it goes down effectively for a K1: Once she receives her visa from the consulate in Montreal (if she lives in eastern canada) or Vancouver (if she lives in western canada), she gets to cross the border and start living with you. Her K1 expires immediately upon entry- however, she gets an I-94 stapled into her passport. (the I-94 is just something the border officer attaches to her passport- it only costs $6, the fee is included if you fly.) This I-94 is valid for 90 days from the date of her entry into the US. Within these 90 days, you MUST get married. The 90 days grant her "conditional" status- she is NOT a permanent resident, but she is a legal alien. Within these 90 days, you would ideally file for "adjustment of status" which grants her a green card. Adjustment of status costs $1070 and takes anywhere from 3-6 months (6 months is quite long for AOS, however). When you file for adjustment of status you can also apply for an employment authorization document (EAD or work permit) and advance parole (document that allows her to exit the US). These are temporary cards issued to her while they work on her green card. The EAD and AP are usually issued a couple months after you file for AOS, and then the green card shortly follows. Without an EAD or green card she CANNOT LEGALLY work in the US. Also, without AP or a green card she CANNOT LEGALLY cross the american border. She is STUCK inside the US until she receives one of these documents.

In essence, the CR1 takes a couple months longer to process, but everything is done all at once and it gives her more freedom once she is in the US. Some people prefer to remain engaged before they start living together. That's a personal decision. I wish I had gone the CR1 route, but I didn't understand the process well initially and ended up with a K1. Lo and behold, hubby got laid off before we filed for my green card. Because we can't file my green card without proof of his employment I have been sitting on my butt in the US for 8 months unable to legally work or travel to Canada. By the way, you will have to prove you are able to financially support your honey- but don't worry, the required income for this is low and you can always get co-sponsors if you don't earn enough.

So there's some more info to chew on!

Also, one last tip: DON'T HIRE A LAWYER! They are a waste of money. VJ and time to read up on the process is all you need. Lawyers are basically glorified typists in that they just fill out forms with basic info like your name and birthdate for you. The immigration process changes frequently as well so they tend to be behind on the times and consequently give poor advice.

[pocheros 101]

Also if you go for a CR1 it is generally faster to obtain the marriage certificate in the US. It doesn't matter where you get married so long as you are legally married and have a certificate to prove it.