Canadian engaged to American. Really confused, please help

[Rezandy 0]

Hi,

I'm a Canadian citizen engaged to an American citizen, and I would like to know how long I'm legally allowed to stay in the US, and what steps I have to take in order to go live with my fiance in the US? (Have you heard of the Visa Waiver Program? Does it apply to me?)

We are planning on getting married in the US in March 2010, what steps do we need to take prior to getting married? From what I've read on this site the Spousal Visa K3 seems to be the best for our situation, She will be attending grad school in the US, and I want to be with her as soon as possible.

Thank you very much, any help I can get is greatly appreciated!

[payxibka 10,047]

Visa waiver program (VWP) allows visa free visits of up to 90 days. Canada is not a participating country in the VWP. Canada does however have a special "treaty" with the USA that allows visa free visits of up to 6 mos. The authorized stay period is determined at the point of entry by the border officials. If allowed entry (no guaranty), a 6 mos. authorized stay period is most common, but it too is not guaranteed.

You may want to post in the Canada regional forum for more information from experienced Canadian members

Edited December 10, 2009 by payxibka

[canadian_wife 1,829]

If you want to stay for 6 months however, you'll need strong ties to Canada to show you intend to return to Canada. Such as a lease/mortgage, utility bills, employment letter with expected return date.

You're looking at 8 - 10 months from filing to her being granted a visa.

Don't go the K-3 route. It is slow, expensive, and will not speed up your process any, espeically if you are interviewing in Montreal.

Good luck.

[New Beginnings 32]

K3 is obsolete.

Why not file the K1 right now and have your fiance come on the fiance visa?

[Rezandy 0]

Visa waiver program (VWP) allows visa free visits of up to 90 days. Canada is not a participating country in the VWP. Canada does however have a special "treaty" with the USA that allows visa free visits of up to 6 mos. The authorized stay period is determined at the point of entry by the border officials. If allowed entry (no guaranty), a 6 mos. authorized stay period is most common, but it too is not guaranteed.

You may want to post in the Canada regional forum for more information from experienced Canadian members

I just started using this website, I'm not really familiar with it quite yet. How do I post in the Canada regional forum?

Thank you all for your help

[Rezandy 0]

Hi,

I'm a Canadian citizen engaged to an American citizen, and I would like to know how long I'm legally allowed to stay in the US, and what steps I have to take in order to go live with my fiance in the US? (Have you heard of the Visa Waiver Program? Does it apply to me?)

We are planning on getting married in the US in March 2010, what steps do we need to take prior to getting married? From what I've read on this site the Spousal Visa K3 seems to be the best for our situation, She will be attending grad school in the US, and I want to be with her as soon as possible.

Thank you very much, any help I can get is greatly appreciated!

[trailmix 77]

Hi and welcome,

A few people already replied in your other thread:

http://www.visajourney.com/forums/index.ph...=232237&hl=

you can just ask a moderator to combine the two threads if you like.

http://www.visajourney.com/forums/index.ph...mp;CODE=leaders

[Danu 19]

You can legally visit up to 6 months at a time, but its up to the descretion of the border patrol to let you in. You would need strong ties to Canada usually for them to let you in for that long (work letter expecting you back, loans, leases etc) You can get married down there for sure but you cannot stay while its processing. Even if you are allowed to stay for 6 months at some point in the processing you would have to come home, as the process does take longer than 6 months and you will have to do things like the medical and interview up here. If you are planning to do the K3 I would suggest the CR1 instead as it is cheeper, about the same length of wait and you would be able to work right upon entering the states. The K3 use to be faster but isnt now.

[payxibka 10,047]

moving this thread to the Canada Regional forum

[Ban Hammer 13,590]

duplicate topics merged.

[ashenflowers 5]

Have you already made steadfast wedding plans for March? I.e. booked things, sent out invites, etc. Are you expecting to be able to move immediate after you marry? Are you going to be living in the US?

If you start the K1 Visa right now, you will not be able to get married in March. However, if you wait until March, then file paperwork you could go the route of the CR-1 Visa. You can find out more info in the guides here: http://www.visajourney.com/forums/index.ph...amp;page=guides

Welcome to VJ and good luck. Don't get a lawyer. People on VJ can help you more than an immigration lawyer can.

[Hugglebuggles 60]

Like the others pointed out, you have a couple different options. You can apply for a K-1 visa now, which will likely take 7-9 months to process, which you can use to move to the US and marry your fiance. You would need to marry within 90 days of your entry in the US, and then apply for AOS and your travel and work authorization (I-765, I-131). While this is pending you will be unable to work in the US or travel outside of the country. This is the quickest visa, however you would most definately not have it in time for a March wedding.

If you really want to get married in the US in March, you would need to enter as a visitor, marry, and then return to Canada before your 6 months are up. The thing you need to be mindful of when going this route, is the burden is on you to prove you intend to return to Canada. In order to do this you would likely need to provide evidence of significant ties to the country- a letter from your employer with a concrete return date, a return ticket, a lease or mortgage, an enrollement letter from a school in Canada, or something of that nature. Generally things like bank account information and select utility bills are not enough to show strong ties. Also be aware that it is a serious offence to lie to a border guard. It is fairly unlikely you will be denied entry if you show up at the border and proclaim you are going to the US to get married. You must walk a fine line- check out Flames9 signature for some good advice on not being denied entry. And keep im mind that it is 100% up to the discretion of the officer at the POE to let you in or not.

After the marriage you can apply for a Cr-1 visa, either from the US or when you return to Canada. At some point during this process you would need to return to Canada, for your immigration medical, your interview, and taking care of other small tasks like getting a police certificate or a new birth certificate if need be. If processing the visa takes longer than 6 months, which is will, you would need to return before 180 days as to not overstay your visitors visa.

You say she will be attending grad school in the US, do you know when? There is nothing illegal with her entering on a student visa, you marry, and then adjust her status from the US. If she will be entering as a student before March, this would be the most logical solution for you both.

[CDAgirlMI 51]

Welcome to VJ and good luck. Don't get a lawyer. People on VJ can help you more than an immigration lawyer can.

Ditto

[ashenflowers 5]

You say she will be attending grad school in the US, do you know when? There is nothing illegal with her entering on a student visa, you marry, and then adjust her status from the US. If she will be entering as a student before March, this would be the most logical solution for you both.

hmm.. , do you think it would create a problem considering they ALREADY have intent to marry?

Edited December 10, 2009 by ashenflowers

[Hugglebuggles 60]

You say she will be attending grad school in the US, do you know when? There is nothing illegal with her entering on a student visa, you marry, and then adjust her status from the US. If she will be entering as a student before March, this would be the most logical solution for you both.

hmm.. , do you think it would create a problem considering they ALREADY have intent to marry?

Well I'm definately no expert when it comes to adjusting from anything but a K-1, but logic tells me no. If I'm wrong somebody tell me so, I don't mind eating my words!

But I'm thinking that some visas allow duel intent, like a work visa for example. My understanding is that some people (if eligable) use work visas as a way to go to the US without committing to moving permanently. So, if one came to the US on a work visa and their primary intention was to work, and then decided to marry while their visa was still valid, I don't see anything wrong with that. So, they have intent to marry, but her primary intent is to attend school in the US. The smartest thing would be to wait a little while and file the AOS, as not to create a situation where they can suggest she used the student visa as a quick way to move and marry. I'm not trying to suggest anything illegal here, I just don't see it as an issue.