American Engaged to Canadian, Getting Married in the US, Living in Canada...

[awatso1 0]

Hi All! I am having a bit of trouble finding out information about my specific situation (as I'm sure many of you have as well). I am an American Citizen currently in Canada on a student visa (expires 2011). I am engaged to a Canadian Citizen, and we are currently living in Canada. We want to go down to the US and get married, then come back (after a 3 week stay) to continue to live in Canada. After I finish my graduate degrees in Canada (between 2-5 years) we plan to both move down together to the US, where he will hopefully be able to immigrate and work without issues. I am wondering the following:

1) Do I need a K-1, K-3 or any other type of visa to go down to the US if we're not going to be immigrating there right away?

2) If not, what would be the best way to start the process of him getting a Green Card while we're both in Canada (if this is even possible)?

3) Will I have to file anything for myself stating that I am now married to a Canadian? And if so, can I do that AFTER we cross the border into Canada?

4) Is there anything else I should be considering (paperwork or otherwise)? Any reason that this plan won't work?

I would greatly appreciate any information offered by those knowledgeable in this area!

- A

[germangel 0]

does Canada do direct consular filing? If yes, you should definitely look into that.

[pushbrk 12,569]

Hi All! I am having a bit of trouble finding out information about my specific situation (as I'm sure many of you have as well). I am an American Citizen currently in Canada on a student visa (expires 2011). I am engaged to a Canadian Citizen, and we are currently living in Canada. We want to go down to the US and get married, then come back (after a 3 week stay) to continue to live in Canada. After I finish my graduate degrees in Canada (between 2-5 years) we plan to both move down together to the US, where he will hopefully be able to immigrate and work without issues. I am wondering the following:

1) Do I need a K-1, K-3 or any other type of visa to go down to the US if we're not going to be immigrating there right away?

2) If not, what would be the best way to start the process of him getting a Green Card while we're both in Canada (if this is even possible)?

3) Will I have to file anything for myself stating that I am now married to a Canadian? And if so, can I do that AFTER we cross the border into Canada?

4) Is there anything else I should be considering (paperwork or otherwise)? Any reason that this plan won't work?

I would greatly appreciate any information offered by those knowledgeable in this area!

- A

Just get married in the US when you are ready. Your fiancee should not mention marriage when crossing the border. There's nothing wrong with what you are doing but if they suspect immigrant intent, they may not let the Canadian enter. Then a year or so before you're ready to immigrate, you can probably file a petition for immigrant visa directly with a US Consulate in Canada. I say probably, because the rules do change from time to time. You may end up having to send your petition to a USCIS or its 2011 successor Service Center in the US.

You'll probably want to start checking out current timelines and procedures a few months before you file.

Check out the "Guides" link at the top of the page to get a better idea of what you will face. A "Green Card" indicates a foreigner is a legal permanent resident of the US. They can't be that before they are ready to reside in the US.

[Chica Yeyé 41]

does Canada do direct consular filing? If yes, you should definitely look into that.

Yes Canada does DCF for residents (including foreign students like my husband who is the USC) - but I believe the marriage needs to take place in Canada for DCF to be an option. Otherwise it's CR-1 through USCIS (Vermont I think).

Read the guides and good luck!!!

[Yodrak 7]

Len_and_Bren,

Why do you believe this?

(It isn't true).

Yodrak

Yes Canada does DCF for residents (including foreign students like my husband who is the USC) - but I believe the marriage needs to take place in Canada for DCF to be an option. .....

[awatso1 0]

Thanks very much pushbrk and others. I will definitely take this advice to heart.

[Cassie 8]

does Canada do direct consular filing? If yes, you should definitely look into that.

Yes Canada does DCF for residents (including foreign students like my husband who is the USC) - but I believe the marriage needs to take place in Canada for DCF to be an option. Otherwise it's CR-1 through USCIS (Vermont I think).

Read the guides and good luck!!!

The USC needs to be considered a permanent resident of Canada for DCF to be an option, not sure if where you got married has any bearing on it at all -- one of our DCF veterans will pipe in on that, I am sure!