Brand new to the forum and clueless...

[lilykouki 0]

Hello everyone,

I met my fiancee almost a year ago in Canada. He is french but has been living in Canada for the last 17 years. He has been to the states to see me several times and I have gone to Canada to see him and also some vacations abroad. Now... it's serious! LOL We want to get married and for him to live here.... one problem, his job... he is self-employed as an interpreter/translator and the state in which we would live doesn't have much call for french interpreters... The dream is for us to live here, and for him to travel for interpretation gigs and for him to do translations online... We'd like to keep an apartment in Canada... so we would be living in the US but spending some time in Canada as well. Is this possible?

Also, I am understanding that once he comes to the US and we marry, that he will be unable to return to Canada until he is approved for the next step (can't remember the name of it, but I'm sure you know what I'm talking about).

Just to throw another curve, he applied for the green card lottery... we knew we wanted to be together, but now we're sure that we want to get married, we don't want to be apart any longer.

I'm wondering if it would be best to get a lawyer... we don't have a ton of money to throw around, but this process seems to be difficult to me. We don't want to screw it up for sure.

Thanks for any help you can offer!

Lilykouki

[KarenCee 3]

After the K-1 is approved and the visa issued, the next step would be to adjust status and file for an EAD (to work). You can return to Canada, but only after you receive the green card. If you want to travel before that, you have to file and be approved for Advanced Parole. As for keeping an apartment in Canada, I dont know if that would be a problem or not.

This process is easily done by you both. There are a few here who have used lawyers, but for the most part, if you read the guides thoroughly, you can do this process yourself. Many have been successful! Hope this has helped you some.

Welcome to VJ

[Jaylen Brit 0]

You might want to check out the Canada thread in the Regional forums here too - many fellow canucks (OK I know its yr intended's country but still they have good info) can maybe help with your kind of issue - I expect a few of them also need/want to work both sides of the border

Welcome to VJ

[lilykouki 0]

Thanks so much for your replies... I'm kind of overwhelmed by the whole process! I have so many questions... I've been to the guides, and there is a lot of information, but there are specific questions I have, too... like what about him having a French passport? Will it hurt us that he has applied for the green card lottery already? What if he gets selected for the lottery? and many more! I will keep coming here and try to let everyone else's experiences sink in... just now it seems like a mountain of information!

Thanks for the tip about the Canadian forum, too... although it throws a possible wrench in the mix that he is French...

Thanks for the warm welcome... I really appreciate it!!

Lilykouki

[Jasman0717 9]

Welcome to VJ

[meauxna 15]

If you are both satisfied with your current commuting status, youi might look into marriage + Immigrant Visa application. It takes longer, but he is immediately work and travel authorized and could then communte legally to his job in Canada.

[snz1802 0]

welcome to VJ and good luck to you

[lilykouki 0]

Thanks again for the welcome!

meauxna: could you tell me where I might find more info on the marriage + immigrant visa application and what it entails?

Thanks so much!

[Peggy 1]

Welcome to VJ

[Jaylen Brit 0]

lily think that would be a K3 visa - marry then art and apply for the K3 - I think witht aht one there's no AOS required and travel/work can therefore commence once the visa is apporved and he moves.

(edit scuse the spelling its real late here and my brain has gone to bed already )

Edited March 21, 2006 by Jaylen Brit

[meauxna 15]

Thanks again for the welcome!

meauxna: could you tell me where I might find more info on the marriage + immigrant visa application and what it entails?

Thanks so much!

Lordy, forgive my previous typos.. I have a good excuse, but still!!

The process I mentioned is not the K-3---a K-3 gets a married spouse into the US quickly, but that really doesn't sound like your issue. K-3s can not work immediately, although they can travel.

Around here, the Immigrant Visa is called CR-1 or IR-1. The class is based on the length of the marriage at the time the foreign spouse becomes a permanent resident. You can read about the process here in the CR-1 Guide (blue tab, top of the page). You could also read the DCF Guide--not because you'll be able to file via DCF, but because I've already written out the benefits of an Immigrant Visa in that article.

It involves you first being married, and then petitioning for a spouse (I-130). He then continues to live in Canada and do his thing, and eventually (9 or so months) he goes for an interview in Montreal. When he enters the US with the Immigrant Visa, he becomes a Permanent Resident & gets a Green Card immediately. The Green Card is the goal, as it allows the foreign spouse to live and work in the US permanently. There is an option to become a US citizen *after* one has been a PR for a number of years.

(Come to think of it, France is actually one of the few countries where you could do a DCF, if both of you go to France for a bit)

This plan appeals because you are not in such a rush to get him moved *in* to the US---he wants to keep working in Canada. You can already see each other frequently, so your separation is not as extreme as being half way round the globe and unable to see each other.

There are links in the DCF Guide that explain what is a Permanent Resident, and you'll be able to see the benefits to getting to that status quickly.

A K-1 visa does not give these benefits; the foreign *fiance* uses it to come to the US and get married and apply for that PR status. During that time, his work and travel are severely restricted, and it takes 4-6 months before he could expect to travel and work.

There is a lot to weigh up. I highly recommend that you take the time to do your research now, and file when you have all the information to make the right choice. A couple of weeks invested now will pay off later on.

[meauxna 15]

I could've added.. the Immigrant Visa is what he would get through the DV Lottery (not class CR-1, but the same result).

Getting one through marriage is much faster and easier. Oh, and practically guaranteed, unlike the lottery.

[lilykouki 0]

Thanks again! Whew! Lots of information... I'll show my sweetie when he gets here... should come for a visit on Thursday...

One more question.... Is the amount of time he can spend here limited? I read something about 90 days maximum.... is that true? within a calendar year? Jan to Dec? I have to admit I'm pretty clueless on these rules...