Marriage in Canada or in the U.S.?

[ptbarnum 0]

I am writing to ask a question, and I hope VJ participants could give me some directions. I am U.S. citizen and my fiancee is a citizen of South Africa and will be visiting Canada next year. I don't want her to return to South Africa after the visit since the procurement of fiancee or immigrant visas are difficult. The Embassy and Consulates in that country has this preconceived notions that long-distance relationship is fraud, even when ours is very, very legitimate.

My question is this: should I marry her in Canada immediately she arrives, or should I bring her to the U.S. to get married, then file for adjustment of status?

ptbarnum

[Calypso 464]

Is she moving to Canada for good? Even if you marry her there or not and you'd want to take her to the U.S. from Canada as a fiance or as a wife, you still ought to secure a visa to make her moving possible.

FAE

[ptbarnum 0]

Thanks for your reply Arbind.Ariadne. And no, my fiancee is not moving to Canada for good. She will be visiting for a few months.

ptbarnum

[Calypso 464]

All right then. Just keep in mind that if ever you want to bring her to the U.S., whether she lives in Canada or in South Africa, you still ought to get a visa for her. It's up to you whether you want the CR-1 or the K1. I am a K1 visa holder. My husband (then fiance) and I are about to apply for AOS. I suggest that you choose the CR-1 visa instead, regardless of the place where you want to have your wedding.

FAE

[trailmix 77]

Hi,

You and your fiancee can get married in Canada, however Canada is no different than other countries in that she cannot just stay in Canada - she can visit for a period of time, but she can't just move there until she is ready to move to the U.S.

First she will have to get a visitor visa to enter Canada (just so you know, in case she doesn't have one yet). Information on that can be found here. Visas are generally given for 6 months.

She will have to go back to South Africa to have her medical and interview for a CR1 visa.

You can't have her come to the U.S. and file for adjustment of status - you can't enter the U.S. as a visitor with immigrant intent so that's not an option for you.

Good luck

Edited December 25, 2009 by trailmix

[Calypso 464]

I am writing to ask a question, and I hope VJ participants could give me some directions. I am U.S. citizen and my fiancee is a citizen of South Africa and will be visiting Canada next year. I don't want her to return to South Africa after the visit since the procurement of fiancee or immigrant visas are difficult. The Embassy and Consulates in that country has this preconceived notions that long-distance relationship is fraud, even when ours is very, very legitimate.

My question is this: should I marry her in Canada immediately she arrives, or should I bring her to the U.S. to get married, then file for adjustment of status?

ptbarnum

To know more applicants from South Africa, check out:

http://www.visajourney.com/forums/index.php?showforum=89

I wonder what makes you say that the U.S. Embassies in South Africa have preconceived notions that any long distance relationship is fraud.

FAE

[ptbarnum 0]

Thanks Trailmix for taking the time to explain what I need to do, especially for providing the link to Canada visa information.

ptbarnum

[ptbarnum 0]

To Arbind.Ariadne:

Regarding my statement about the U.S. Embassy in South Africa questioning the validity of my marriage, I have been through this before. I had a fiancee years ago. I filed a K-1 petition on her behalf. Although the petition was approved by USCIS, her visa was denied at the Embassy, and the petition was returned to the U.S. I went to South Africa, married her, returned to the U.S., and filed an I-130. After 18 months of waiting and in limbo, USCIS could not tell us anything about approval or denial. Frustrated, my wife filed for a divorce...that was later granted. Apart from the loss of my marriage, the amount of money I wasted was incredible. Never again will I file a CR-1. With my present lady, I don't want her doing any interview in South Africa, as a prerequisite of moving to the United States.

ptbarnum