New & confused about best way to go

[garnet80 1]

Hello! To briefly describe my situation, I am an American citizen (born here). My fiance is Canadian. I am 11 years older than he is.

We met online, and dated for 7 months before he came to visit me for 5 weeks. During his stay with me, he proposed.

We are trying to figure out the smartest way to do things, and also to just understand.

We wish to marry here in my home state of Kansas. If he came to visit me (like just a normal get a ticket and come out here trip), could we marry here (Kansas), then he returns home to Canada, and then we file for the K-3 (or cr-1...)? Or would we have to wed in Canada for this option? I have searched this site and just google in general and find conflicting answers.

I'm a bit worried about our age difference because I am 29, he is 18, and in order to afford the Visa process, we really can't afford anymore trips until either the wedding, or he comes on a K-1. I know those are both potential red flags, so we were thinking perhaps it would be wisest to marry before starting the Visa process.

I have a ton of pictures from our five week trip, airline tickets, but no phone bills because we just use web cams and skype/google talk/aim.

We are very much in love and just want to make the smartest choices so we can be together.

Any advice would be very much appreciated.

[garnet80 1]

Ah, I can't find a way to edit my post? But I forgot to mention that I am in the process of a divorce. My ex was abusive and moved out before I got involved with my fiance, the divorce just wasn't/isn't final yet. Should be finished in about three months (both the two months of processing and the 30 days you have to be divorced before you can remarry). My apologies for not mentioning this at first.

[BradnKim 0]

You cannot apply for a K-3 visa until you are legally divorced. You will need to include copies of your divorce papers with your K-3 visa application. Once you are legally divorced you can marry in the states and go back to Canada and have your spouse petition for you to come to the US (K-3).

Ah, I can't find a way to edit my post? But I forgot to mention that I am in the process of a divorce. My ex was abusive and moved out before I got involved with my fiance, the divorce just wasn't/isn't final yet. Should be finished in about three months (both the two months of processing and the 30 days you have to be divorced before you can remarry). My apologies for not mentioning this at first.

[trailmix 77]

Hi and welcome,

Once you are married (and you can get married anywhere, it doesn't matter) - you can either file for the K3 or CR1.

K3 - You get married, apply for a K3 and once your Husband gets to the U.S. he will have to apply to adjust status, this can take several weeks. At the same time he would apply for an EAD (employment authorization document) - the general time to receive this is 3 months - however it can be longer or shorter. He cannot work until he either receives his EAD or gets his green card (after adjustment of status).

CR1 - With this visa, which you also apply for after marriage, he will be able to work in the U.S. right away if he wants. After 2 years he will have to apply to remove conditions and receive a 10 year green card.

In general, the CR1 visa is superior in that he can work right away, however another thing to consider is where he will travel to interview. You don't mention where he lives in Canada but there are only two consulates that do interviews there. - Montreal and Vancouver. Vancouver generally issues interviews a bit faster, so if he lives in Manitoba or west of there, you may consider filing for a K3 as he would not have to travel to Montreal for the interview.

IR1/CR1/IR5

All IR1 /CR1 and IR5 visas will be processed/interview at Montreal.

K Visas

K visas are processed/interviewed at both Montreal and Vancouver, depending on your Province of Residence:

Manitoba and West: Vancouver

Ontario and East: Montreal

You may also want to visit the Canadian regional forum

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

Edited September 3, 2009 by trailmix

[garnet80 1]

Trainmix, thank you so much for your answer. Much appreciated!

My only real question right now is, my fiance and his parents would be coming to Kansas for the wedding. It's going to be a small affair, like 6-10 people, max. Anyway, is it true that he can't say he is coming to his wedding when he sees customs on his trip over? I think he would be okay with that, but his parents are another story.

Is this a situation where if you show strong intent to return to Canada he could be honest about his plans? Or ? I mean, no question he will be going home within like a week of the wedding. I'm just really in a state of yikes about what the parents will say if they are to omit details when passing customs...

Thanks again.

[garnet80 1]

Thanks too BradnKim as well, I didn't see that reply earlier somehow.

[baron555 934]

Hello! To briefly describe my situation, I am an American citizen (born here). My fiance is Canadian. I am 11 years older than he is.

We met online, and dated for 7 months before he came to visit me for 5 weeks. During his stay with me, he proposed.

We are trying to figure out the smartest way to do things, and also to just understand.

We wish to marry here in my home state of Kansas. If he came to visit me (like just a normal get a ticket and come out here trip), could we marry here (Kansas), then he returns home to Canada, and then we file for the K-3 (or cr-1...)? Or would we have to wed in Canada for this option? I have searched this site and just google in general and find conflicting answers.

I'm a bit worried about our age difference because I am 29, he is 18, and in order to afford the Visa process, we really can't afford anymore trips until either the wedding, or he comes on a K-1. I know those are both potential red flags, so we were thinking perhaps it would be wisest to marry before starting the Visa process.

I have a ton of pictures from our five week trip, airline tickets, but no phone bills because we just use web cams and skype/google talk/aim.

We are very much in love and just want to make the smartest choices so we can be together.

Any advice would be very much appreciated.

I say that there is a problem with him coming here with the intent to marry. If you do, then he used a visitor or other visa with which to enter the US. When you get to the interview stage, they will know what happened and he could be denied and banned for life for committing visa fraud. Yes he would have left but when you go to someone with the intention to marry, the assumption is that you will want to stay with your new spouse. This is just the thinking process they will go through. You NEED to be fully divorced first before anything happens.

My suggestion. Get divorced. Then file for the K-1 visa. He stays there, you stay here. You have the phone and email and Skype with which to keep in touch. Then you will be together.

[Malrothien 6]

Hello! To briefly describe my situation, I am an American citizen (born here). My fiance is Canadian. I am 11 years older than he is.

We met online, and dated for 7 months before he came to visit me for 5 weeks. During his stay with me, he proposed.

We are trying to figure out the smartest way to do things, and also to just understand.

We wish to marry here in my home state of Kansas. If he came to visit me (like just a normal get a ticket and come out here trip), could we marry here (Kansas), then he returns home to Canada, and then we file for the K-3 (or cr-1...)? Or would we have to wed in Canada for this option? I have searched this site and just google in general and find conflicting answers.

I'm a bit worried about our age difference because I am 29, he is 18, and in order to afford the Visa process, we really can't afford anymore trips until either the wedding, or he comes on a K-1. I know those are both potential red flags, so we were thinking perhaps it would be wisest to marry before starting the Visa process.

I have a ton of pictures from our five week trip, airline tickets, but no phone bills because we just use web cams and skype/google talk/aim.

We are very much in love and just want to make the smartest choices so we can be together.

Any advice would be very much appreciated.

I say that there is a problem with him coming here with the intent to marry. If you do, then he used a visitor or other visa with which to enter the US. When you get to the interview stage, they will know what happened and he could be denied and banned for life for committing visa fraud. Yes he would have left but when you go to someone with the intention to marry, the assumption is that you will want to stay with your new spouse. This is just the thinking process they will go through. You NEED to be fully divorced first before anything happens.

My suggestion. Get divorced. Then file for the K-1 visa. He stays there, you stay here. You have the phone and email and Skype with which to keep in touch. Then you will be together.

Ermm.. no. There is no problem with him coming to the US with the intent to get married here (many other Canadians have done this with no problem). He will most likely get an actual visitor visa (which Canadians do not require visas to enter the US, but they will issue then in certain circumstances). He is allowed to get married in the US, but then he must return to Canada. The only case in which he would commit visa fraud (and I'm not even sure why you brought this up) would be if he came to the US, told the border guard he was visiting a friend for a few days/weeks, then turning around to get married and staying in the US.

[imaisha 1]

I say that there is a problem with him coming here with the intent to marry. If you do, then he used a visitor or other visa with which to enter the US. When you get to the interview stage, they will know what happened and he could be denied and banned for life for committing visa fraud. Yes he would have left but when you go to someone with the intention to marry, the assumption is that you will want to stay with your new spouse. This is just the thinking process they will go through.

No. There is no problem with entering on a visitor's visa with the intent to marry.

There is a problem with entering on a visitor's visa with the intent to marry and stay.

IF he is allowed to enter the country and he returns to Canada without overstaying at all while the visa is processing then they've done nothing wrong. That is not fraud.

The "assumption that you will want to stay with your new spouse" is an issue at POE- not at the immigrant visa interview. As long as the beneficiary does not remain in the country, visits are fine. He won't be denied for that reason, or banned for life.

[garnet80 1]

Thanks for the replies. I was never going to do anything until my divorce is totally final.

I am worried about making sure we don't mess this up, thats why I'm asking if he can come over here to the states to get married, and then return home to begin the visa process. I want to make sure we do everything right to avoid complications.

I had never read anything about visitor visas... if he had that, it would be okay to enter the country with intent to marry? He could tell the border guard he was here for his wedding and all would be fine? I don't understand how everyone else is doing this. Are people coming over and getting married on a whim?

There is absolutely no way he is going to stay here after the wedding. He will go home, and we will start the paperwork to get him back.

[Malrothien 6]

Come to the Canadian Regional forums. There is a gal who recently crossed over to get married with no problems. What your fiance needs to do when he comes across is have a giant folder with all proof of ties to Canada: lease, job letter with his intended return date, other bills, etc.