Canadian in US

[tango 0]

Hi there,

We're new to this whole thing and just getting started on the process, I'm hoping someone will be able to shed some light.

Situation and question: My husband and I got married in Toronto, Canada - he is a U.S. citizen and I'm a Canadian citizen. I am currently in the US with him as a visitor. If we were to file for 'Petition for Alien Relative (I-130)' while I am here in the US, will I be required to return back to Canada and wait until it is processed? Which route is recommended in this case? K3 or IR-1/CR-1?

Many thanks!

[canadian_wife 1,808]

Since you were married in Toronto, do you have the marriage certificate issued by the province? It took us 8 weeks to obtain after we were married in Toronto, this is needed for any path you take

See the guides, forget about the K-3

good luck

[tango 0]

Since you were married in Toronto, do you have the marriage certificate issued by the province? It took us 8 weeks to obtain after we were married in Toronto, this is needed for any path you take

See the guides, forget about the K-3

good luck

We do have the marriage certificate, it surprisingly only took 2 weeks to get.

[rowanheather 23]

Hi there,

We're new to this whole thing and just getting started on the process, I'm hoping someone will be able to shed some light.

Situation and question: My husband and I got married in Toronto, Canada - he is a U.S. citizen and I'm a Canadian citizen. I am currently in the US with him as a visitor. If we were to file for 'Petition for Alien Relative (I-130)' while I am here in the US, will I be required to return back to Canada and wait until it is processed? Which route is recommended in this case? K3 or IR-1/CR-1?

Many thanks!

Hello there!

My husband is Canadian and we're going through the CR-1 process right now.

Since the K3 is considered obsolete, and you are already married, CR-1 is the only way to proceed.

You can stay in the country as a visitor for up to 6 months, but then you will need to go back to Canada. The CR-1 process, unfortunately, is taking 9-12+ months to complete right now, so you will end up spending some time apart from your husband.

I would recommend reading all of the guides here and getting started with your I-130 packet as soon as you can to get the ball rolling.

Good luck to you !

[tango 0]

Hello there!

My husband is Canadian and we're going through the CR-1 process right now.

Since the K3 is considered obsolete, and you are already married, CR-1 is the only way to proceed.

You can stay in the country as a visitor for up to 6 months, but then you will need to go back to Canada. The CR-1 process, unfortunately, is taking 9-12+ months to complete right now, so you will end up spending some time apart from your husband.

I would recommend reading all of the guides here and getting started with your I-130 packet as soon as you can to get the ball rolling.

Good luck to you !

Thank you for the info!

Regardless the first step is to file the I-130, correct?

[rowanheather 23]

Thank you for the info!

Regardless the first step is to file the I-130, correct?

Yes, start with the I-130 package.

See all the details here: http://www.visajourney.com/content/i130guide1

[britishdakota 18]

You could potentially adjust status although the circumstances of you entering the US will be very relevant.

[NikLR 13,227]

Not really, it's more of a time table thing and personal feelings at this point. If the Canadian entered the USA without the intent to AOS, and was allowed in by the CBP, they can adjust their status. But not everyone wants to do that. You can't work for 3 months, you can't leave the USA, and you may have family, friends, or a job to go back to. Not to mention all of your stuff etc... pets perhaps? I am never quite sure how someone does AOS while visiting to be honest because there is so much that needs attention before you can move. Obviously that doesn't phase some people though or they don't have much that needs attention. Who knows?

Edited July 24, 2014 by NLR