Married a Canadian. How to get her here with me!

[EricS 0]

We are new to this sight and are seeking help and info on getting my bride here in the states with me. I am starting ti research all this info but it is a lot and confusing. Anyone who has filled this way who would be ok with helping us with there knowledge would be so greatly appriciated.

Thank you in advance. I am going to be reading this stuff all night tonight and hope to have a better handle on it. If anyone is interested in giving advice that would be great. Or just say hello and I will have many questions I'm sure very soon.

Thanks so much

Eric and Dawn

[YuAndDan 153]

If you are living in Canada on a Residency visa, then you could file I-130 directly to your consulate, they will then send it on to Montreal for processing into a CR-1 visa.

If you live in the USA, then you file I-130 to USCIS for processing into a CR-1 visa, you can optionaly file I-129F after getting I-130 recipt letter and start a K-3 visa process.

Note K-3 costs much more than CR-1, and may save you a little time, but K-3 also cannot work, get SSN, or apply for a driver's license until after getting EAD or green-card. EAD can take 90 days or more to get.

Start here: http://www.visajourney.com/forums/index.ph...mp;page=compare

Edited August 4, 2008 by YuAndDan

[EricS 0]

If you are living in Canada on a Residency visa, then you could file I-130 directly to your consulate, they will then send it on to Montreal for processing into a CR-1 visa.

If you live in the USA, then you file I-130 to USCIS for processing into a CR-1 visa, you can optionaly file I-129F after getting I-130 recipt letter and start a K-3 visa process.

Note K-3 costs much more than CR-1, and may save you a little time, but K-3 also cannot work, get SSN, or apply for a driver's license until after getting EAD or green-card. EAD can take 90 days or more to get.

Start here: http://www.visajourney.com/forums/index.ph...mp;page=compare

Thanks for your quik response. We got married in the states July 31st. I hope we did not make things harder on our selves. Do you know if we are still ok? She is a Canadian citisen living there and I a US living here.

[YuAndDan 153]

If you are living in Canada on a Residency visa, then you could file I-130 directly to your consulate, they will then send it on to Montreal for processing into a CR-1 visa.

If you live in the USA, then you file I-130 to USCIS for processing into a CR-1 visa, you can optionaly file I-129F after getting I-130 recipt letter and start a K-3 visa process.

Note K-3 costs much more than CR-1, and may save you a little time, but K-3 also cannot work, get SSN, or apply for a driver's license until after getting EAD or green-card. EAD can take 90 days or more to get.

Start here: http://www.visajourney.com/forums/index.ph...mp;page=compare

Thanks for your quik response. We got married in the states July 31st. I hope we did not make things harder on our selves. Do you know if we are still ok? She is a Canadian citisen living there and I a US living here.

If Canadian Citizen is still in the USA, and wishes to stay, the big factor to consider is was it her INTENT when entering the USA to get married, then file for a visa.

However if her intent was NOT to marry, and can prove this with things left behind like apartment, home, job, etc... then you may adjust status in the USA without a visa. An I-130 and I-485 are filed together.

http://www.visajourney.com/forums/index.ph...page=i130guide2

Only complex thing for Canadians may be the I-94 card.

[MissStacey 1]

Hello and Welcome to VJ!!

There is a Canada forum on VJ which you may find beneficial:

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

[Chica Yeyé 41]

If you are living in Canada on a Residency visa, then you could file I-130 directly to your consulate, they will then send it on to Montreal for processing into a CR-1 visa.

If you live in the USA, then you file I-130 to USCIS for processing into a CR-1 visa, you can optionaly file I-129F after getting I-130 recipt letter and start a K-3 visa process.

Note K-3 costs much more than CR-1, and may save you a little time, but K-3 also cannot work, get SSN, or apply for a driver's license until after getting EAD or green-card. EAD can take 90 days or more to get.

Start here: http://www.visajourney.com/forums/index.ph...mp;page=compare

Thanks for your quik response. We got married in the states July 31st. I hope we did not make things harder on our selves. Do you know if we are still ok? She is a Canadian citisen living there and I a US living here.

You are ok. She will remain in Canada while you file through the US. That is not DCF; but regular I-130 processing. For more info and a good starting point

[EricS 0]

Hello and Welcome to VJ!!

There is a Canada forum on VJ which you may find beneficial:

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

Thanks MissStacey. I sent you a message but not sure it will actually get to you. I assume Mel is a US citizen? What does he need to qualify to sponsor you? My Financial situation is not the best right now and I want to know what I need to get prepared.

Thank Eric

[Chica Yeyé 41]

Eric,

Indeed you should be over the poverty line according to the guides

If you are not do not panic, you can always enlist a joint sponsor; but you remain the primary sponsor nonetheless.

[EricS 0]

Eric,

Indeed you should be over the poverty line according to the guides

If you are not do not panic, you can always enlist a joint sponsor; but you remain the primary sponsor nonetheless.

Thank you so much for letting me pick your brains!A couple other questions..

If we are married now and she wants to continue coming back and forth to visit me here in the states, what are the implications as far as customs is concerned? I'm wondering if she needs to tell them she is married. Or would they then send her back? Should we file immedietly for her to come here to visit only? I am worried that we got married to soon and this will impede our process both getting her to be able to live here and her just visiting back and forth.

[mynameisCat 0]

Well, I'm no expert, but I know that her US visitor's visa will state that she only has 3 months out of each year to visit. If she goes over that, there Will Be Problems.

Also, when she enters, she should bring with her proof that she is going back to Canada, as she is a high risk profile for wanting to stay in the US and her husband (and she should be straightforward with Customs, because if she doesn't tell them she's married to you, and they find out, that qualifies as Bad), so Customs will want to see that she is expecting to return to Canada. A letter from her employer (on company letterhead) stating that they expect her back on a certain date is good, and proof of her contract with a rental for her home might be as well. Once you've filed, I believe I've read it's best for her not to visit.

When I talked to a Customs guy about this once, he warned me never to lie to Customs. If they find out you've lied, they will make your life bloody hell for as long as they can, no matter how good your reasons.

Could be wrong about any of this, but hopefully more experienced knowledge will let us know if I am!

Good luck!

Edited August 11, 2008 by mynameisCat

[trailmix 77]

Well, I'm no expert, but I know that her US visitor's visa will state that she only has 3 months out of each year to visit. If she goes over that, there Will Be Problems.

Also, when she enters, she should bring with her proof that she is going back to Canada, as she is a high risk profile for wanting to stay in the US and her husband (and she should be straightforward with Customs, because if she doesn't tell them she's married to you, and they find out, that qualifies as Bad), so Customs will want to see that she is expecting to return to Canada. A letter from her employer (on company letterhead) stating that they expect her back on a certain date is good, and proof of her contract with a rental for her home might be as well. Once you've filed, I believe I've read it's best for her not to visit.

When I talked to a Customs guy about this once, he warned me never to lie to Customs. If they find out you've lied, they will make your life bloody hell for as long as they can, no matter how good your reasons.

Could be wrong about any of this, but hopefully more experienced knowledge will let us know if I am!

Good luck!

Actually Canadians don't need a visa to travel to the U.S. and they are limited to 6 months a year.

Also, there is no reason to believe that once you have filed it is best not to visit. Proof of ties is the key.

Anyway, some people have already clarified some of this, in your post in the Canada forum, just wanted to clear up those points.

[mynameisCat 0]

Actually Canadians don't need a visa to travel to the U.S. and they are limited to 6 months a year.

Also, there is no reason to believe that once you have filed it is best not to visit. Proof of ties is the key.

Anyway, some people have already clarified some of this, in your post in the Canada forum, just wanted to clear up those points.

Thanks for clearing those two points up, Trailmix -- it's funny how it all goes...those are both things that I was told myself, and I just believed them! (By visitor's visa, tho, I wasn't meaning an actual hard copy visa - just what each non-visa visitor has as the rules on their visit. But someone did tell me that there were no visitor visas to the US that were longer than six months. Perhaps they forgot Canada is in fact a different country! That was a joke, btw.)

I sometimes can't believe that it has to be this hard and complicated to be with the person you love...

Edited August 11, 2008 by mynameisCat

[EricS 0]

Actually Canadians don't need a visa to travel to the U.S. and they are limited to 6 months a year.

Also, there is no reason to believe that once you have filed it is best not to visit. Proof of ties is the key.

Anyway, some people have already clarified some of this, in your post in the Canada forum, just wanted to clear up those points.

Thanks for clearing those two points up, Trailmix -- it's funny how it all goes...those are both things that I was told myself, and I just believed them! (By visitor's visa, tho, I wasn't meaning an actual hard copy visa - just what each non-visa visitor has as the rules on their visit. But someone did tell me that there were no visitor visas to the US that were longer than six months. Perhaps they forgot Canada is in fact a different country! That was a joke, btw.)

I sometimes can't believe that it has to be this hard and complicated to be with the person you love...

Thank you much for your input. So to clarify, we have not filed anything yet. Is it reasonable to think that until we do she can visit me this week if all things go ok at the border?

I will check the other forums also.

Thank you so much!

Eric

[MargotDarko 0]

As long as she can proof ties to Canada (letter from employer, copy of a lease/mortgage, etc), even after filing she can continue to visit you in the US. It isn't "best for her not to visit" after filing the petition. Even a denial of entry, while upsetting, would not negatively effect the visa process. She should just always have a planned date of return and proof of her ties to Canada. The process is awful enough even with being able to visit each other.

[mynameisCat 0]

Didn't I just read somewhere on the forums that someone's fiance had traveled from NZ through Dublin and got stopped at Dublin, didn't have enough proof of ties, and had to withdraw their I-130? Now they have to start all over again. Hopefully that's not the case with Canadians.