Which visa and where to start? I'm Canadian, he's American

[Moosker 7]

Hi there!

First of all, this site has been full of boundless information which I really appreciate from everyone!

I'll do my best to "make sense" and hopefully you all can help out.

I'm a Canadian, living in Canada, and my fiancee lives in the U.S. Because of the issues with transferring a Canadian marriage certificate over, we've decided to visit eachother, get married at the court house, and then I'll go back to Canada. First of all -- is that illegal?

From there, my fiancee will petition for me. Where do we start? What is the visa for our situation? I've read about the K3, CR1, etc. And I'm just not too sure which to choose.

One more question... While the visa is pending/being processed, am I able to visit and cross the border?

THANK YOU ALL SO MUCH!!!!!!! I appreciate all your help in advance.

[pushbrk 13,079]

Hi there!

First of all, this site has been full of boundless information which I really appreciate from everyone!

I'll do my best to "make sense" and hopefully you all can help out.

I'm a Canadian, living in Canada, and my fiancee lives in the U.S. Because of the issues with transferring a Canadian marriage certificate over, we've decided to visit eachother, get married at the court house, and then I'll go back to Canada. First of all -- is that illegal?

From there, my fiancee will petition for me. Where do we start? What is the visa for our situation? I've read about the K3, CR1, etc. And I'm just not too sure which to choose.

One more question... While the visa is pending/being processed, am I able to visit and cross the border?

THANK YOU ALL SO MUCH!!!!!!! I appreciate all your help in advance.

Just follow the "Guide" for married people. If you're in Western Canada, a K3 with interview in Vancouver will be several months faster but the CR1 visa provides a far more favorable result for most people and is significantly less costly.

Yes, visiting the US to get married is perfectly legal as long as you return to Canada before your leave to stay has expired.

Edited January 3, 2008 by pushbrk

[Moosker 7]

Hi there!

First of all, this site has been full of boundless information which I really appreciate from everyone!

I'll do my best to "make sense" and hopefully you all can help out.

I'm a Canadian, living in Canada, and my fiancee lives in the U.S. Because of the issues with transferring a Canadian marriage certificate over, we've decided to visit eachother, get married at the court house, and then I'll go back to Canada. First of all -- is that illegal?

From there, my fiancee will petition for me. Where do we start? What is the visa for our situation? I've read about the K3, CR1, etc. And I'm just not too sure which to choose.

One more question... While the visa is pending/being processed, am I able to visit and cross the border?

THANK YOU ALL SO MUCH!!!!!!! I appreciate all your help in advance.

Just follow the "Guide" for married people. If you're in Western Canada, a K3 with interview in Vancouver will be several months faster but the CR1 visa provides a far more favorable result for most people and is significantly less costly.

Yes, visiting the US to get married is perfectly legal as long as you return to Canada before your leave to stay has expired.

Thank you very much! I am in southwestern Ontario, so obviously going to Toronto would be my best bet correct? If you don't mind, could you explain to me (in your terminology) the difference between the CR1 and K3? I've read up on it, but I really don't know the best way for me. I hope to work in the U.S. later on as I went to school there and that's where we'll be living.

I guess I'm just trying to do this the most legal and efficient way. We're planning on having a ceremony here in Canada October '08 and I hope to move to the U.S. after that.

Thank you very much again!!!!

[MissStacey 1]

Montreal will be your Consulate. Both Montreal and Vancouver handle K Visa's and only Montreal handles the CR1/IR1. Consulate is chosen by where you live in Canada unless you are a CR1 then you automatically going to Montreal. The other US Consulates in Canada don't handle these things.

[G&A 1]

Hi there!

First of all, this site has been full of boundless information which I really appreciate from everyone!

I'll do my best to "make sense" and hopefully you all can help out.

I'm a Canadian, living in Canada, and my fiancee lives in the U.S. Because of the issues with transferring a Canadian marriage certificate over, we've decided to visit eachother, get married at the court house, and then I'll go back to Canada. First of all -- is that illegal?

From there, my fiancee will petition for me. Where do we start? What is the visa for our situation? I've read about the K3, CR1, etc. And I'm just not too sure which to choose.

One more question... While the visa is pending/being processed, am I able to visit and cross the border?

THANK YOU ALL SO MUCH!!!!!!! I appreciate all your help in advance.

Just follow the "Guide" for married people. If you're in Western Canada, a K3 with interview in Vancouver will be several months faster but the CR1 visa provides a far more favorable result for most people and is significantly less costly.

Yes, visiting the US to get married is perfectly legal as long as you return to Canada before your leave to stay has expired.

Thank you very much! I am in southwestern Ontario, so obviously going to Toronto would be my best bet correct? If you don't mind, could you explain to me (in your terminology) the difference between the CR1 and K3? I've read up on it, but I really don't know the best way for me. I hope to work in the U.S. later on as I went to school there and that's where we'll be living.

I guess I'm just trying to do this the most legal and efficient way. We're planning on having a ceremony here in Canada October '08 and I hope to move to the U.S. after that.

Thank you very much again!!!!

You may want to read the guides. they explain everything very well. Click on the tab above that says "Guides"

[MissStacey 1]

K3 was designed to reunite couples quicker as the CR1 process used to take much longer. With a K3 you still need to Adjust Status in the US in order to get the 2 year Greencard (If you have been married more than 2 years you are an IR1 which will be a 10 year Greencard). When going through Montreal, the time between K3 and Cr1 is not that drastic- so most will advise to go for the CR1. Also with a K3 you will need to apply for EAD- Employment Authorization before you can legally work.

[Moosker 7]

Montreal will be your Consulate. Both Montreal and Vancouver handle K Visa's and only Montreal handles the CR1/IR1. Consulate is chosen by where you live in Canada unless you are a CR1 then you automatically going to Montreal. The other US Consulates in Canada don't handle these things.

Wow, just noticed your visa timeline and it seems like going directly to the consulate is the way to go?!?!? So with me being in Canada and my fiancee petitioning for me...he would go to the nearest U.S. consulate correct? Sorry for all the questions, just want to do this once, the right way!

[MissStacey 1]

Montreal will be your Consulate. Both Montreal and Vancouver handle K Visa's and only Montreal handles the CR1/IR1. Consulate is chosen by where you live in Canada unless you are a CR1 then you automatically going to Montreal. The other US Consulates in Canada don't handle these things.

Wow, just noticed your visa timeline and it seems like going directly to the consulate is the way to go?!?!? So with me being in Canada and my fiancee petitioning for me...he would go to the nearest U.S. consulate correct? Sorry for all the questions, just want to do this once, the right way!

There was more to the timeline but I edited it. It took 10 months for me to get back to the US. Because we had to file an I 824 to have my I 130 moved to the NVC that would have added at least 6 months to my time (long story) we decided to file for a K3 after several months of trying to figure out what we were doing (finding answers was difficult before I found VJ) My K3 took 5 months. I was lucky and went through Vancouver- this was also before the price fee increase which has added more delay to anyone filing now.

You don't send the petition to the closest consulate- there is a mailing address on the I 129 that it has to be mailed to. After you petition is approved at the service center it goes through the NVC and they forward it to the Consulate in Canada.

[Kathryn41 3,205]

Hi,

Where are you in Southwestern Ontario? I used to live in Chatham and moved here 3 1/2 years ago on a K-1 visa. Be sure to stop into the Canada forum as well - there are a number of us who can give you specific information about the different steps during your visa process.

[pushbrk 13,079]

Montreal will be your Consulate. Both Montreal and Vancouver handle K Visa's and only Montreal handles the CR1/IR1. Consulate is chosen by where you live in Canada unless you are a CR1 then you automatically going to Montreal. The other US Consulates in Canada don't handle these things.

Wow, just noticed your visa timeline and it seems like going directly to the consulate is the way to go?!?!? So with me being in Canada and my fiancee petitioning for me...he would go to the nearest U.S. consulate correct? Sorry for all the questions, just want to do this once, the right way!

When you read the Guides, please read carefully. There are no US Consulates in the US. Your husband would need to be have legal residence in Canada with you for six months before he would be eligible to file the petition directly with a Consulate in Canada.

[Moosker 7]

Hi,

Where are you in Southwestern Ontario? I used to live in Chatham and moved here 3 1/2 years ago on a K-1 visa. Be sure to stop into the Canada forum as well - there are a number of us who can give you specific information about the different steps during your visa process.

That's crazy...I used to live in Chatham! But my family recently moved to the Brantford area. Do you have the link specifically to the Canada forum? I'll definitely check it out! Thanks!!!

[Kathryn41 3,205]

Hi,

Where are you in Southwestern Ontario? I used to live in Chatham and moved here 3 1/2 years ago on a K-1 visa. Be sure to stop into the Canada forum as well - there are a number of us who can give you specific information about the different steps during your visa process.

That's crazy...I used to live in Chatham! But my family recently moved to the Brantford area. Do you have the link specifically to the Canada forum? I'll definitely check it out! Thanks!!!

Small world! Here is a link to the Canada Forum - it is under Regional Forums in the General section of VJ:

http://www.visajourney.com/forums/index.php?showforum=93

Edited January 4, 2008 by Kathryn41

[Moosker 7]

So most peoples recommendation would be to do the CR1 correct? As it allows you to work right away when you enter the U.S.

Also, after you have sent in the application...are you allowed to cross the border and visit still? (on either the CR1 or K3)?

Thanks again for EVERYONES help. I'm sure this is all just the basics for those who have been going through it all...but I want to make sure we do all the right steps to have the process go much quicker!

[Reba 2]

Yes, you will still be able to visit the US while you wait for the petition to be processed. You may or may not be given a hard time at the border, but if you're prepared, you should be ok. Always bring with you evidence that you will be returning to Canada when you say you will. Evidence of a job to get back to, rent to pay, bills to pay etc etc. And your husband can always visit Canada too if he wants. CR1 is probably your best bet, considering the processing times for Montreal for the K3.

[Flames9_RN 358]

Yes u can still visit the USA while the process is ongoing. As reba stated have prrof of ties to Canada. And keep in mind you can be denied entry! It has happened ot other Canadians! I traveled monthly to DC and never had a problem. My advice, and its worth exactly what is costing ya, zilch!! lol

1) Always tell the TRUTH. never lie to the POE officer

2) Be confident in ur replies

3)keep ur response short and to the point, dont tell ur life story!!

4) look the POE officer in the eye when speaking to them. They are looking for people lieing and have been trained to find them!

5)pack light! No job resumes with you

6) Bring ties to Canada (letter from employer when ur expected back at work, lease, etc etc)

7) Always be polite, being rude isnt going to get ya anywhere, and could make things worse!!

8) have a plan in case u do get denied (be polite) It wont harm ur visa application if ur denied,that is if ur polite and didnt lie! Refer to #1

Best of luck