Canadian engaged to American. Really confused, please help

[Wyld Blu 35]

Deleted because I didn't fully read the post above me!

-Blu-( )

Edited December 11, 2009 by Wyld Blu

[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?

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.

though you are kind of suggesting that. lol

[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.

though you are kind of suggesting that. lol

Well, I'm just assuming she already has it and she got it for reasons other than just getting married. If she already has a student visa, then its basically pointless to file for a K-1 or a Cr-1, isn't it? If she's already in the US, then it just doesn't make any sense. That's all. I basically don't know what I'm talking about to be honest with you

[ashenflowers 5]

I guess the clarification needs to be who is the grad student. The OP says they're the Canadian citizen and refers to the grad student as 'she', implying that the student is the US citizen, in which case, there goes that idea.

[Hugglebuggles 60]

I guess the clarification needs to be who is the grad student. The OP says they're the Canadian citizen and refers to the grad student as 'she', implying that the student is the US citizen, in which case, there goes that idea.

I see that now! Actually, I think you're right. It seems like it may be the American. So clarification would be good. And I guess you can just ignore my last 2 posts if that is the case

I guess that brings up another point to consider for the OP. A petitioner must meet certain income guidelines that may be hard to meet as a student. Otherwise a cosponser must be used.

[evie 0]

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Edited December 11, 2009 by evie

[Rezandy 0]

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.

Thanks for everyone's info, this site is awesome, everyone's so helpful. I think we are going to go with the Cr-1 visa, it seems the most fitting for our situation. I just hope that it doesn't take to long to process.....and I hope that the I don't get denied entry into the US Is there anything that we can do to make the processing time for the Cr-1 visa to go through?.....We just want to be together as soon as possible.

Thank you all!

[Sam and Ben 2]

Unfortunately, the only thing you can do to help your processing time is to not hurt your processing time.

Be diligent in looking through the paperwork you gather and submit so that the government doesn't need to request any necessary evidence. If you are sent an RFE (Request for Evidence), it can add lengthy delays to an already lengthy process.

Read the guides, and adhere to advice from others pertaining to what mistakes they made when filing their own petitions. All of this can be quite helpful in avoiding silly mistakes that the rest of us may have made along the way.

[Hugglebuggles 60]

Unfortunately, the only thing you can do to help your processing time is to not hurt your processing time.

Be diligent in looking through the paperwork you gather and submit so that the government doesn't need to request any necessary evidence. If you are sent an RFE (Request for Evidence), it can add lengthy delays to an already lengthy process.

Read the guides, and adhere to advice from others pertaining to what mistakes they made when filing their own petitions. All of this can be quite helpful in avoiding silly mistakes that the rest of us may have made along the way.

That was great Sam! Good line! And so very true.

Unfortunately CC9, you are looking at about a year before your CR-1 is complete. It is definitely not a very quick process.

Just curious, do you have strong ties to Canada? A job, a mortgage/lease, anything of that nature? Because that would definitely help in your situation.