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Filed: AOS (apr) Country: Philippines
Timeline
Posted
For some reason it is not displaying the time frame to process the K3 (CR-1) visa in that chart. If I apply now do you think I am in good shape for a wedding be held in July? Sorry for all the questions. But based on everyones response. It seems I should either apply for K1 or K3 Visa now and then do a court marriage here in Houston. Or do you suggest I sign the marriage documents in Toronto when we do the ceremony there? I am just trying to get an idea whats the best way to do things and in the order it should be completed.

You cannot petition now for a K-3 visa unless you are married...

Your only option now is K-1 which means a legal marriage in the USA after approval which might be upwards of 8-9 months from now....

YMMV

Filed: Citizen (apr) Country: Canada
Timeline
Posted (edited)

If you are unmarried, you apply for a K-1 visa - a "Fiancee visa". You can apply for it now. It will take a number of months to complete. If you don't do an official 'legal' wedding in July in Toronto, you will still be unmarried, and your fiancee will be allowed to enter the US with her K-1 visa and have the 'legal/court' wedding in Houston.

If you do a legal marriage in Toronto, you have to wait until you are actually married then you would apply for either a K-3 or a CR-1 visa. Both of those are 'spousal' visas as opposed to a fiancee visa. Your wife would have to remain in Canada for processing both of those visas and then would be allowed to move to Houston when she receives either one or the other.

If you do a non-legal wedding in Toronto and your fiancee then visits you in Houston where you have a legal wedding, she would not be allowed to remain in the US. To do so would be visa fraud and would result in a lifelong ban from ever entering the US again. She would have to return to Canada and you would apply for either the K-3 or the CR-1 spousal visas. K-3 and CR-1 visas are processed through the US Consulate in Canada, which is why she needs to be in Canada.

From your plan, the best approach would probably be the K-1 visa. Start the process now, have your non-legal ceremony in Toronto in July, and then, when your fiancee gets her K-1 Visa, she can move to Houston and you would do your legal/court marriage within 90 days. Marriage within 90 days is the mandatory condition of the K-1 visa.

Good luck.

Edited by Kathryn41

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Filed: Other Country: China
Timeline
Posted
If you are unmarried, you apply for a K-1 visa - a "Fiancee visa". You can apply for it now. It will take a number of months to complete. If you don't do an official 'legal' wedding in July in Toronto, you will still be unmarried, and your fiancee will be allowed to enter the US with her K-1 visa and have the 'legal/court' wedding in Houston.

If you do a legal marriage in Toronto, you have to wait until you are actually married then you would apply for either a K-3 or a CR-1 visa. Both of those are 'spousal' visas as opposed to a fiancee visa. Your wife would have to remain in Canada for processing both of those visas and then would be allowed to move to Houston when she receives either one or the other.

If you do a non-legal wedding in Toronto and your fiancee then visits you in Houston where you have a legal wedding, she would not be allowed to remain in the US. To do so would be visa fraud and would result in a lifelong ban from ever entering the US again. She would have to return to Canada and you would apply for either the K-3 or the CR-1 spousal visas. K-3 and CR-1 visas are processed through the US Consulate in Canada, which is why she needs to be in Canada.

From your plan, the best approach would probably be the K-1 visa. Start the process now, have your non-legal ceremony in Toronto in July, and then, when your fiancee gets her K-1 Visa, she can move to Houston and you would do your legal/court marriage within 90 days. Marriage within 90 days is the mandatory condition of the K-1 visa.

Good luck.

The OP needs to read carefully and understand the above because it is absolutely correct. When you ask further questions, please be clear and straight forward. Originally, you said your fiance would "visit" Houston and get married. You did not mean visit. You meant relocate and reside. GIGO.

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Posted
I'm confused- why go through a mock ceremony in Toronto? Will you be applying for a marriage license in Canada?

She wants the ceremony there in Toronto bc all her family is there and then she will come to Houston. So the only reason we were not doing the marriage license there is because we had thought it takes longer to bring to her to the U.S. So now im hearing its best to go ahead and fill out the K1 or K3 (I have no idea which one is better) and the bring here and do a court marriage. My brain is already dead after the holidays and now reading all this kills it more hahahaha.

I know it's all very, very confusing! I'm in the same boat, really don't know which one to apply for or what is better. I a Canadian, but went to university in the US. I have had many Canadiadn friends that have married Americans and the main thing that they have done is "married" at a courthouse in the U.S. and then did a whole ceremony and actual marriage in Canada or wherever they got married. I've been told many times they did this because it's a huge pain to transfer a Canadian marriage certificate to the U.S.

Hope this helps!

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Filed: Country: Canada
Timeline
Posted
If you are unmarried, you apply for a K-1 visa - a "Fiancee visa". You can apply for it now. It will take a number of months to complete. If you don't do an official 'legal' wedding in July in Toronto, you will still be unmarried, and your fiancee will be allowed to enter the US with her K-1 visa and have the 'legal/court' wedding in Houston.

If you do a legal marriage in Toronto, you have to wait until you are actually married then you would apply for either a K-3 or a CR-1 visa. Both of those are 'spousal' visas as opposed to a fiancee visa. Your wife would have to remain in Canada for processing both of those visas and then would be allowed to move to Houston when she receives either one or the other.

If you do a non-legal wedding in Toronto and your fiancee then visits you in Houston where you have a legal wedding, she would not be allowed to remain in the US. To do so would be visa fraud and would result in a lifelong ban from ever entering the US again. She would have to return to Canada and you would apply for either the K-3 or the CR-1 spousal visas. K-3 and CR-1 visas are processed through the US Consulate in Canada, which is why she needs to be in Canada.

From your plan, the best approach would probably be the K-1 visa. Start the process now, have your non-legal ceremony in Toronto in July, and then, when your fiancee gets her K-1 Visa, she can move to Houston and you would do your legal/court marriage within 90 days. Marriage within 90 days is the mandatory condition of the K-1 visa.

Good luck.

Thank you very much for explaining to me in English hahahaha. Thats what I needed. Thanks for everyone reply. You guys know how hard it might be bring in a car from Toronto to Houston?

  • 8 months later...
Posted

I think your all missing the point, they have already applied for a K-1 visa according to their timeline, and are on packet 3. Marriage must take place in the US.

Wisconsin Hunter & A Canadian Beaver

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Filed: Other Country: China
Timeline
Posted
I think your all missing the point, they have already applied for a K-1 visa according to their timeline, and are on packet 3. Marriage must take place in the US.

The message to which you responded was posted in January. They filed in March. Check the dates.

Facts are cheap...knowing how to use them is precious...
Understanding the big picture is priceless. Anonymous

Google Who is Pushbrk?

A Warning to Green Card Holders About Voting

http://www.visajourney.com/forums/topic/606646-a-warning-to-green-card-holders-about-voting/

Posted (edited)

Where was this dredged up?? Wish people would stop bringing up old threads to answer. If the OP brings it back up to add new information to assist others then that's great, but otherwise, they should die...

Edited by Carlawarla
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