New member....where to begin?

[pinguino_41 0]

Hi Everyone,

Im sorry if Im not posting in the right place Im new to the website and as a member....Im so thankful for having found these forums!!!!

I have a beginners question...

Im American and my boyfriend is Canadian. We've been together for 6 years now, back and forth between the States and Canada. To our knowledge we've done everything legal up to this point.

Currently, we are living in Canada while he finishes up school. Im here in Canada legally working on a work permit.

In a couple of weeks we'll be going down to visit my sister in CA and we're stopping by Vegas. We're thinking its about time we tie the knot.

We're wondering if we get married in the US during our vacation, will I be allowed back into Canada and continue to work on my work permit?

Once back in Cananda, we'd like to begin the process of filing for our K3 visa in hopes that come September or October we can move back to the US to find employment. Can we apply for the K3 visa if we are both in Canada? And if anyone recommends we do the CR1 visa (sorry im new to this, I can't remember if thats the correct name for the visa) instead of the K3, speak your mind.

Thanks so much in advance for any advice,

Pinguino_41

[sly_wolf 199]

Hi Everyone,

Im sorry if Im not posting in the right place Im new to the website and as a member....Im so thankful for having found these forums!!!!

I have a beginners question...

Im American and my boyfriend is Canadian. We've been together for 6 years now, back and forth between the States and Canada. To our knowledge we've done everything legal up to this point.

Currently, we are living in Canada while he finishes up school. Im here in Canada legally working on a work permit.

In a couple of weeks we'll be going down to visit my sister in CA and we're stopping by Vegas. We're thinking its about time we tie the knot.

We're wondering if we get married in the US during our vacation, will I be allowed back into Canada and continue to work on my work permit?

Once back in Cananda, we'd like to begin the process of filing for our K3 visa in hopes that come September or October we can move back to the US to find employment. Can we apply for the K3 visa if we are both in Canada? And if anyone recommends we do the CR1 visa (sorry im new to this, I can't remember if thats the correct name for the visa) instead of the K3, speak your mind.

Thanks so much in advance for any advice,

Pinguino_41

Welcome and yes you are in the right place. I am not sure on the answers to your situation and questions but I know others here will help for sure.

Sly

[ruby_mtl 0]

Hello and welcome to VJ. To my knowledge, as long as your SO is in Canada for the interview that's all that matters. You should also know that once you file for a visa to immigrate to the States, it might be a challenge so make sure your SO bring ties to Canada when he travels to the US. Also you could read the guides here on VJ...they give a lot of good advise and information.

good luck!

[MMW 2]

welcome to VJ. Right now i can't give you any concrete advice but i would advise you to get some input from some of the senior members because coming to the states on a visit and stopping in Vegas to get married may cause you a lot of unnecessary problems. The immigration laws for this kind of situation can be confusing and making a mistake could have serious consequences. Make sure you know what you are doing before you do anything.

[BradnKim 0]

If you are both living in Canada for 6 months legally, then I believe that you can do a DCF (Direct Consular Filing), which is ALOT quicker than going the K-3 or CR-1 route. Hopefully another member will chime in on this to confirm.

Best wishes and welcome to VJ!

Hi Everyone,

Im sorry if Im not posting in the right place Im new to the website and as a member....Im so thankful for having found these forums!!!!

I have a beginners question...

Im American and my boyfriend is Canadian. We've been together for 6 years now, back and forth between the States and Canada. To our knowledge we've done everything legal up to this point.

Currently, we are living in Canada while he finishes up school. Im here in Canada legally working on a work permit.

In a couple of weeks we'll be going down to visit my sister in CA and we're stopping by Vegas. We're thinking its about time we tie the knot.

We're wondering if we get married in the US during our vacation, will I be allowed back into Canada and continue to work on my work permit?

Once back in Cananda, we'd like to begin the process of filing for our K3 visa in hopes that come September or October we can move back to the US to find employment. Can we apply for the K3 visa if we are both in Canada? And if anyone recommends we do the CR1 visa (sorry im new to this, I can't remember if thats the correct name for the visa) instead of the K3, speak your mind.

Thanks so much in advance for any advice,

Pinguino_41

[Kathryn41 3,205]

Hi and welcome to the Canada Forum.

Getting married in Vegas shouldn't cause you any problems with Canada. You are legally in Canada with a work visa and that is all Canadian authorities will be interested in. Canada allows for both in country and out of country immigration processes so if you had wanted to live in Canada you would still be allowed to be there on your work visa while you applied for Canadian immigration.

Since you want to live in the US and you are legally in Canada on the work visa your best route would be to follow a DCF - Direct Consellor Filing - which would mean you wife would get a green card when she crossed the border to move to the US. No waiting for work visas, no problems with re-crossing the border to visit Canada, etc. You would be best advised to read up on the process - it happens through the Montreal consulate as does the CR-1.

You could do a K-3 if you wish but you would need to use a US address to file the I-130 and I-129f petitions and then getting the mail sent to the US addresses sent up to Canada would add a fair bit of time to the process as well as add another level of complexity.

Getting married while in the US is not a problem, however US authorities may question whether you and your 'wife' intend to stay in the US afterwards and apply to adjust status without returning to Canada. That is a no-no - it is considered visa fraud - and if they have any such suspicions they may deny your wife entry to the US. Be prepared with lots of evidence of your ties to the US - including your work visa in Canada, proof of rent/mortgage; a letter from her employer; any responsibilities you have in Canada (ie car loan, insurance, health claims outstanding, pets or children, etc.) as evidence to show you have intentions of returning to Canada. Check into the DCF route and be prepare with knowledge about that process as well as it also indicates your intentions.

Good luck!

Edited February 9, 2009 by Kathryn41

[trailmix 77]

Hi!

We're wondering if we get married in the US during our vacation, will I be allowed back into Canada and continue to work on my work permit?

Can't see any reason why not.

Once back in Cananda, we'd like to begin the process of filing for our K3 visa in hopes that come September or October we can move back to the US to find employment. Can we apply for the K3 visa if we are both in Canada?

Yes

And if anyone recommends we do the CR1 visa (sorry im new to this, I can't remember if thats the correct name for the visa) instead of the K3, speak your mind.

In my opinion that is the visa to apply for. The K3 is a hassle - you have to adjust status when you get to the U.S. and you will not be able to work right away if you chose to. That said, while the CR1 is more comprehensive, it can take up to a year. As someone mentioned, you should be able to Direct Consular file (ie: go to your nearest embassy/consulate and file your I-130) - that should cut down on the processing time.

[trailmix 77]

You could do a K-3 if you wish but you would need to use a US address to file the I-130 and I-129f petitions and then getting the mail sent to the US addresses sent up to Canada would add a fair bit of time to the process as well as add another level of complexity.

We used our Canadian address to file the I-130.

Edited February 9, 2009 by trailmix

[Krikit 1,165]

Welcome to VJ, Pinguino.

[Chica Yeyé 41]

Welcome to VJ!!!

If you marry in Vegas; you can indeed file for a CR-1 from Canada. You have both been residing there for more than 6 months; and your work permit provides you legal status in Canada. Visit the Direct Consular Filing subforum -- this is the BEST way to go.

[pinguino_41 0]

Thanks to everyones replies. We truly appreciate it. All that government/legal jargon is enough to make someone feel the only answer is to pack up their stuff and go live in Antartica. This website has really brought hope back into our lives.

I will be posting on the DCF forum to see what kind of advice I can get there!

Good Luck to the rest of you guys!!!