Marrying a Canadian in Canada

[Saddle Bronc 124]

I am not sure of the exact name of the visa, but I do know that it is only a temporary work visa, I can check later n try to get more info. Sorry, I know nothing about all this, so I am confused myself! Thats why I am here!, I have looked all over the USCIS website and I am kind of confused on what the correct way to do this is, which obviously varies according to sitiuation! And no she is not a U.S. permanent resident, and yes I will need to check into it some more but I believe her temp. visa will expire before the wedding, so thats why I was wondering if anyone would know if we could cross the border shortly after the wedding.

Ok so maybe I was misunderstanding you - since her visa is expiring before the wedding - the question is why would she be going back to the States after the wedding - for your honeymoon? Is she renewing the visa?

The wedding and honeymoon will be in Canada, the reason for coming back to the states is that we plan to live in Missouri, if she wants to continue to work in the U.S., and she just renews the temp. visa, will that effect the filing of a K-3 visa? from what I understand, it would, but maybe I am wrong?

Hi,

You might want to disregard most of the replies as most people didn't read the thread and are talking about family based visas - they didn't read that your wife is not a U.S. PR and not a U.S. citizen.

My question to you is, how can you file a K3 visa when she is not a U.S. PR or Citizen? She has to be a citizen to file for that visa.

I asked originally what kind of visa she has as that will determine whether or not you are allowed to go live with her there or not.

Eh, trailmix, antdirt was asking if he could file paperwork for his wife--he can if he's a USC.

If she's already a US PR, then entire thread becomes waste of bandwidth.

[trailmix 77]

Eh, trailmix, antdirt was asking if he could file paperwork for his wife--he can if he's a USC.

If she's already a US PR, then entire thread becomes waste of bandwidth.

Err Cherry, you might not want to be so damn quick with your replies.

I went and reread some of the posts after posting that and changed my reply. But thanks, that's really helpful.

[Saddle Bronc 124]

I am trying to find information for my case, I am looking to marry a Canadian that is currently in the U.S. She has a SS number and teaches school here. The wedding will be in Canada, what is the best process to use that will be the most time savy? Is there a way to start on paperwork before the wedding? And is it possible that she would be able to cross within two weeks after the wedding? I know this is several questions, but its kinda all the same topic, thanks alot for your help!

You need to tell us what visa your wife has that enables her to work in the U.S.

I'm a bit confused by your question: And is it possible that she would be able to cross within two weeks after the wedding?

She has a work permit in the U.S. - so I see no reason why she wouldn't be able to enter the U.S. (hence my confusion)

This will not be a 'family sponsorship' visa per-se as, from the little info you have given, it does not appear that she is a U.S. citizen or a U.S. permanent resident?

I am not sure of the exact name of the visa, but I do know that it is only a temporary work visa, I can check later n try to get more info. Sorry, I know nothing about all this, so I am confused myself! Thats why I am here!, I have looked all over the USCIS website and I am kind of confused on what the correct way to do this is, which obviously varies according to sitiuation! And no she is not a U.S. permanent resident, and yes I will need to check into it some more but I believe her temp. visa will expire before the wedding, so thats why I was wondering if anyone would know if we could cross the border shortly after the wedding.

It depends on which work visa:

• if H1-b, the visa can be renewed in US prior to wedding, and you can then have wedding in Canada
• if R-1 (she's teaching in Religious-oriented school), as with H1-b
• if TN-1, you'd be playing with fire as the TN-1 is (supposed to be) non-dual-intent; the marriage should then be done in the US

Notes about TN-1:

• the holder (if not in a state of having I-485 filed, or in "hurry-up-and-wait" mode for priority-date to enable I-485 filing) can renew the visa at POE/PFI
• with approved I-140 (labour GC) prior to filing I-485 or Consular packets (whether able to file I-485 or in "hurry-up-and wait" mode) TN-1 can be renewed in the US by mailing I-129 to NSC (I actually did that between 1997 and 1999 when I was in "hurry-up-wait")

I believe it is R1 that she is currently here on right now, Religious tradition is that the wedding will be in Canada(her hometown),

Then she should have her employer file an I-129 (note: not the same as the I-129F which is used for K-1 and K-3) for its renewal, and wait until she has the approval notice in hand before going to Canada. It generally is not a good idea to leave the US with a temp-work-visa in "renewal/issue limbo" status--unless the holder is specifically leaving the US for a Consular Immigrant Visa interview.

[AAD... 4EVER!!! 0]

Antdirt are you Canadian also?

Good question Reeena. I now see that he said 'here' - therefore he is probably American.

Yes, I am an American born citizen

[AAD... 4EVER!!! 0]

So if she is here on a R-1 visa, she returns, to Canada, I go up there and we get married, before the R-1 expires, then she should be able to re- enter the states? What would be the correct paperwork to file then?

[Saddle Bronc 124]

So if she is here on a R-1 visa, she returns, to Canada, I go up there and we get married, before the R-1 expires, then she should be able to re- enter the states? What would be the correct paperwork to file then?

Choices:

• I-130 specifying Consular Processing at Montreal (leads to CR-1)
• I-130/I-485/I-131/I-765 package (if you wish to do the processing in US)

[Reba 2]

Depends on if they allow her back into the country after the wedding or not. They can deny her entry based on her marriage to you, and then you'll have to do the CR1/K3 and live apart for a year.

[Saddle Bronc 124]

antdirt, how about the option of doing a civil wedding in US, filing I-130/I-485/I-765/I-131 package, waiting till your wife has AP in hand and doing the religious "real" wedding in Canada afterwards?

(civil wedding followed by religious is "time-honoured").

[trailmix 77]

antdirt, how about the option of doing a civil wedding in US, filing I-130/I-485/I-765/I-131 package, waiting till your wife has AP in hand and doing the religious "real" wedding in Canada afterwards?

(civil wedding followed by religious is "time-honoured").

Do not R1 visa holders have the option of applying for a green card after 2 years?

[Married_my_love 0]

Ah, it would have been lovely if we had been able to get married in Canada and then come back together, but instead I flew home to US from my honeymoon alone.

I am posting to tell you DO NOT try and get married there and have her try to come back to US. After my husband and I decided to bail on our US visa and me move to Canada, my husband came down to help me pack/move back to Canada. He had with him leases, letters from his employer, copies of my moving contract, a whole SLEW of stuff showing he would be only coming here for a few days to help me come back to Canada and he was taking off the airport shuttle bus at the border and held for quite a long while to determine if they were going to allow him to do this. It was a scary nervous time for him. Just my 2c.