american engaged to canadian living in UK

[leier 0]

I am an American who is engaged to a Canadian and currently living in the UK. We plan to return to the US in January 2007 and have a June wedding in Canada; we would then live in the Washington State from January 2007 for just under 2-years and then move permanently to Canada. (Although we would like to maintain some flexibility, I am in international business and never know where I may end up next, and since the company base is in the States the 2-years could become indefinite). I am hearing from a larger number of people that getting married in Canada could cause immigration problems and it is advisable to first get a fiancé visa and follow standard protocol. The problem with this option is that it limits our ability to travel and therefore jeopardizes my job (it also forces us to have the wedding not at our desired location). As a side note, my fiancé is a builder and so any work done in the States would likely involve him renovating bank reposed homes and flipping them for profit, so I believe that this would avoid any employment issues. Any thoughts or suggestions?

[Cygnet 0]

Welcome to VJ!

You may have better luck with getting answers if you post in the K-1 or the CR-1 forums. I don't think you'll be able to do DCF in Canada.

If you marry in Canada in June 2007, you'll be able to apply for a CR-1 and/or K-3 after the wedding. But this means that he can't come and live with you in the US until he has his visa.

If you change your mind and get married in the US (instead of Canada), you can start your K-1 application now. This is the fiance visa. Can you use your parents' address for the forms? At any rate, it is extremely difficult to figure out when he'll get a visa. If you start your visa application now, you'll probably get it in time for a summer wedding next year... but then, of course, you'll have to get married in the US.

In terms of his ability to travel, I think he'd be able to apply for Advanced Parole. Otherwise, you may have to do some travelling on your own (so as not to jeopardize your job) while he waits to adjust status.

I have no idea how his status will affect his self-employment (ie. flipping houses)... so have no real thoughts on this at the moment. However, I do have a suggestion on where to get married. If it's easier to get a K-1, why don't you have a small civil ceremony in the US and then do a bigger celebration in Canada later on. You can have the ceremony(like a renewal of vows) and reception in Canada. You can ask the officiant to help you to word it so it seems like this is your real wedding.

Good luck!

Edited July 4, 2006 by Cygnet

[meauxna 15]

I am an American who is engaged to a Canadian and currently living in the UK. We plan to return to the US in January 2007 and have a June wedding in Canada; we would then live in the Washington State from January 2007 for just under 2-years and then move permanently to Canada. (Although we would like to maintain some flexibility, I am in international business and never know where I may end up next, and since the company base is in the States the 2-years could become indefinite). I am hearing from a larger number of people that getting married in Canada could cause immigration problems and it is advisable to first get a fiancé visa and follow standard protocol. The problem with this option is that it limits our ability to travel and therefore jeopardizes my job (it also forces us to have the wedding not at our desired location). As a side note, my fiancé is a builder and so any work done in the States would likely involve him renovating bank reposed homes and flipping them for profit, so I believe that this would avoid any employment issues. Any thoughts or suggestions?

leier,

Would you consider getting married NOW in the UK (civil service) so you have a basis for immigrating your fiance?

If not, I'd strongly recommend that you strategize this with a lawyer. Your want list doesn't jibe too well with US immigration.

However, I can see a case for a civil service now, begining the immigrant visa process (which you *might* just get done in time for Jan07 IF you start immediately) which at completion would allow you to have a ceremony in Canada and re-enter the US easily.

This would also cover any potential employment authorization issues (and yes, he would have them). Another plus is that your then-husband would qualify for lending services for his business.

See the DCF Guide here at VJ: http://www.visajourney.com/forums/index.ph...om&page=dcf