Advice? How to proceed with Immigration while engaged to US Citizen?

[Lynne Jenkins 0]

I am looking for any helpful advice!! I am at a complete lose on who I need to contact and where to start. My Fiancee is a US Citizen. He arrived in Canada 5years ago with a Contract to work. We have been in a common law relationship for a little over 4 years. We have recently became engaged.

He is now wanting to move back home to the US {Los Angeles, California}

My question is since he is currently living here, should we get married here in Canada? Or should he move back home and in the mean time I apply for a Fiancee Visa? If I can get a job transfer, is this the best method? Then we get married during the time I am there to work? I just don't have aclue on where to start or what we should and shouldn't do. What Visa's do I apply for? I have been in touch with a few immigration lawyers, however the cost is much more then I am wanting to invest. Approx. $2000.00-$4000.00 I would really appreciate any help and advice

Thanks

[payxibka 10,047]

http://www.visajourney.com/forums/index.ph...amp;page=guides

[Nik+Heather 121]

Hi. For you, I would recommend that you get married and go with for Direct Consular Filing (DCF) It's a cheaper option, fairly fast, and it is an immigrant visa, which means you get your residency as soon as you enter the US - and can start work right away. The big big plus is that you don't have to spend any time apart from each other. Also, it may be easier for you to get a work transfer since you will not have to get your company to sponsor a work visa for you.

Believe me, most of us who could would take this route.

[canadian_wife 1,829]

^^ Agree, you should get married and your fiance (then husband) should file the petition for a Cr-1 visa at the US embassy closest to you. It is quicker and you'll be able to move back to the US together.

For more info on DCF (direct consular filing) post questions on the DCF forum. Lots of people have done it in Canada to help you

Good luck.

PS take a look at the guides that payx posted - it will help you with the paperwork

[Lynne Jenkins 0]

So should we get married here in Canada? And would we need to get married before he goes back home to the US? Or would I need to proceed with this Direct Consular Filing first before we do anything? Would it be wise to ask about a job transfer in advance or would it be in my best interst to wait until we are married? I like how simple your recommendation is. Is it really that easy?

[canadian_wife 1,829]

You can marry wherever you like. You don't do anything, your fiance needs to file the petition. It is better if he files before he leaves - obviously. You may ask about a job transfer if you like, but I'd proceed with the immigration before you move down there.

Good luck.

[payxibka 10,047]

So should we get married here in Canada? And would we need to get married before he goes back home to the US? Or would I need to proceed with this Direct Consular Filing first before we do anything? Would it be wise to ask about a job transfer in advance or would it be in my best interst to wait until we are married? I like how simple your recommendation is. Is it really that easy?

DCF requires him to still be resident of Canada... If he "moves" bask to the US then his eligibility to file DCF is gone. DCF is only available for a petition for a spousal visa and not a fiance(e) visa

[dutchmatt 1]

Is here a permanent resident of canada. I dont think you can apply for DCF if he is just there based on a work visa.

[Lynne Jenkins 0]

No he is not considered a permanent resident of Canada. He is still considered a US resident. I have been informed that I should apply for a work visa. Enter the US for supposed work purposes only. In that time frame, we get married while I am there and then apply for an adjustment of status. I would think because we have been in a common law relationship for so long, they wouldn't really pose a problem with why I want to reside there, however I don't want to take any chances being denied. He is planning on moving fairly soon and we need to be pro active and do it right so I can join him as quickly as possible.

[Nik+Heather 121]

So should we get married here in Canada? And would we need to get married before he goes back home to the US? Or would I need to proceed with this Direct Consular Filing first before we do anything? Would it be wise to ask about a job transfer in advance or would it be in my best interst to wait until we are married? I like how simple your recommendation is. Is it really that easy?

Heh. None of the options are "easy" They are, for the most part straight forward, but you need to take the time and effort to do some research. In the answers you have a lot of vocabulary to start you out

"Canadian Residency"

"Direct Consular Filing"

"Spousal Visa"

etc.

Also, check out the guides at the top of the page for Direct Consular Filing. They will help you along, and hopefully answer your questions a lot better than we can.

As mentioned before you need to marry and file before your husband moves back to the US.

He can move before you get the visa, but not before you file. The visa will have months of validity, so if you feel more comfortable, you can wait until you have it before asking about a transfer. That would remove a variable ("When are you moving?") from the conversation with your employer. On the other hand, maybe you want the offer of a transfer in hand to prove you can support yourself. Up to you.

[Hugglebuggles 60]

No he is not considered a permanent resident of Canada. He is still considered a US resident. I have been informed that I should apply for a work visa. Enter the US for supposed work purposes only. In that time frame, we get married while I am there and then apply for an adjustment of status. I would think because we have been in a common law relationship for so long, they wouldn't really pose a problem with why I want to reside there, however I don't want to take any chances being denied. He is planning on moving fairly soon and we need to be pro active and do it right so I can join him as quickly as possible.

The thing that concerns me about your statement is the "supposed work purposes only" part. If you obtain a work visa with the intentions of going to the US, getting married then adjusting your status, you have been deceitful in your intentions. You must understand that lying to USCIS is the absolute worst violation you can commit, and if you are caught in a lie the penalties are very harsh. I also think you are rather mistaken when you say since you have a long relationship they won't question your intentions on residing there. Infact, I think it would be grounds for suspicion. If you file for a work visa and tell them you've been in a long term relationship with an American citizen, they make question your intentions and think you will marry and adjust your status.

As far as DCF goes, take a look at Trailmix's helpful post in the Canada forum: http://www.visajourney.com/forums/index.ph...4734&hl=DCF. She has a lot of knowledge regarding the DCF process and her advice will help you greatly.

[Lynne Jenkins 0]

Thanks to everyone for the links, advice and suggestions. It has given me a better understanding to the process. Reading more on the DCF this seems to be an option I am considering. From one of the links posted, I should be able to have my Fiancee contact the US Consulate in his area for guidance. It was posted that he can explain our situation in detail and they will let him know if DCF is approved for us to file. If we are denied, I believe I will file for the Fiancee Visa.

The DCF seems to be the most convinient and cost effective method. So I hope we are eligable

I was actually advised via the phone by an Immigration lawyer that I could apply for a work visa, then get married and adjust my status once in the US. So I am glad I found this forum as I want to be sure to get this right the first time. Any small error seems to have a long term impact.

[Nik+Heather 121]

No he is not considered a permanent resident of Canada. He is still considered a US resident. I have been informed that I should apply for a work visa. Enter the US for supposed work purposes only. In that time frame, we get married while I am there and then apply for an adjustment of status. I would think because we have been in a common law relationship for so long, they wouldn't really pose a problem with why I want to reside there, however I don't want to take any chances being denied. He is planning on moving fairly soon and we need to be pro active and do it right so I can join him as quickly as possible.

The thing that concerns me about your statement is the "supposed work purposes only" part. If you obtain a work visa with the intentions of going to the US, getting married then adjusting your status, you have been deceitful in your intentions. You must understand that lying to USCIS is the absolute worst violation you can commit, and if you are caught in a lie the penalties are very harsh. I also think you are rather mistaken when you say since you have a long relationship they won't question your intentions on residing there. Infact, I think it would be grounds for suspicion. If you file for a work visa and tell them you've been in a long term relationship with an American citizen, they make question your intentions and think you will marry and adjust your status.

As far as DCF goes, take a look at Trailmix's helpful post in the Canada forum: http://www.visajourney.com/forums/index.ph...4734&hl=DCF. She has a lot of knowledge regarding the DCF process and her advice will help you greatly.

I am not so sure that your warning is true. For TOURIST visas, Yes, you are not allowed to come in if you intend to stay. I have read that some work visas are "dual intent" I'm not an expert, but your statement conflicts with my understanding from previous readings.

[Nik+Heather 121]

No he is not considered a permanent resident of Canada. He is still considered a US resident. I have been informed that I should apply for a work visa. Enter the US for supposed work purposes only. In that time frame, we get married while I am there and then apply for an adjustment of status. I would think because we have been in a common law relationship for so long, they wouldn't really pose a problem with why I want to reside there, however I don't want to take any chances being denied. He is planning on moving fairly soon and we need to be pro active and do it right so I can join him as quickly as possible.

Is your fiance a US Resident or a US Citizen? US residents are only allowed to apply for spousal visas, and they can take years to go through. If your fiance is only a resident, he would also have to go through the visa process again if he has been living outside of the US for 5 years. US citizens may return at any time after any period.

[Lynne Jenkins 0]

Sorry I used the wrong terminology. My Fiancee is a US Citizen. He was born in California and lived there most of his life. Maybe if I explain the situation in better detail it will help. He came to Canada on a work contract playing a professional sport. This contract was expired after 2 years, however he had enough in savings to remain here and didn't have to legally work in Canada.

He did travel back home a few times a year for no more then a week at a time. He did own a home here in Canada and also has a son here.

He never applied for Canadian Citizen ship. He was always approved back in Canada with no hesitation. This is where I am not sure if we will qualify for DCF? Because he is a US citizen that has been living in Canada for the past 5 years will that be classified as legal? This is why we would like to contact the US Consulate for advice. If he explains our situation, they can at least let us know if we even qualify. Otherwise we will have to take the long route.