To marry or not to marry

[BlueBonnet 84]

Im fairly new to this site in the posting side of things. I am usualy good at being able to find what Im looking for. Im pretty sure this has been asked before, but I am having difficulty finding it. Not only that, but Im not sure if im posting in the proper place. For all the mistakes I may have made so far in this post, I appologise.

My question.

Which do you think, or have you done .. the K1 or K3. By this question, I mean ... Would you rather come over with a K1 in hand .. the 90 days ... then stay in the USA waiting for a greencard, so you can go to work.

Or , would you rather go to the USA, marry your loved one, return to your country, and start the K3 visa process. This process takes longer than the K1 .. in timeline ...however, you arrive at the border with a greencard waiting for you.

Here is my problem .. because I would K3 in a heartbeat. My problem is that if you go to the USA and marry a US citizen under 30 days of being in the country ( I cant spend more than a week at a time due to responsibilites at home ) the immigration officers view this as .... well, they become skepical I guess. And if they dont think you married for love but for status .. they can deny you.

So, has anyone gone to the USA to marry, under 30 days, and returned home to start the K3 process. How did it go. And which would you do ... K1 or K3 ?

I am Canadian, he is American. We intend on me moving to him. We would marry tomorrow if it was possible.

[Dakine 26]

K3s are pretty much obsolete and dinosaurs. Either K1 or CR-1 are the way to go.

Edited February 7, 2010 by Dakine

[Calypso 464]

If you would get married first before getting a visa, choose CR-1, not K3.

[mrs. wife! 3]

If you marry him and leave, then there is nothing illegal. What they see as fraud is if you marry him and try to adjust status.

So I'd go there, get married, leave and file for CR1.

K3 is not an option anymore. Check the link "important notice about K3" (CR1 would be your best choice anyway).

[SunDrop 59]

If it's important to you that you can work immediately, then CR-1 it. If it's about being together a little faster, then K1 it.

I think, but I might be wrong so check with fellow Canadians, that all CR-1s are processed through Montreal but K1s it depends if you're closer to Vancouver or Montreal. If I'm correct and all CR-1s are in Montreal and you're actually closer to Vancouver, I'd go K1 if only because Montreal is very backed up when it comes to interviewing... Not sure about Vancouver, but it isn't reported as being as bad from what I've read. Again, check with fellow Canadians...

[Downtoride 0]

I married my wife and had no problems at the border. we did Cr-1 and had no problems just went thru the poe no problems.. thats the way to go if you can visit as often as i did... if you want her here but work is not a problem then k-1.

[trailmix 77]

Hi,

Which do you think, or have you done .. the K1 or K3. By this question, I mean ... Would you rather come over with a K1 in hand .. the 90 days ... then stay in the USA waiting for a greencard, so you can go to work.

Or , would you rather go to the USA, marry your loved one, return to your country, and start the K3 visa process. This process takes longer than the K1 .. in timeline ...however, you arrive at the border with a greencard waiting for you.

The K3 does not produce an immediate greencard - you have to adjust status, just like you do with a K1 - K3 is a non-immigrant visa. Your choices are really K1 or CR1.

Here is my problem .. because I would K3 in a heartbeat. My problem is that if you go to the USA and marry a US citizen under 30 days of being in the country ( I cant spend more than a week at a time due to responsibilites at home ) the immigration officers view this as .... well, they become skepical I guess. And if they dont think you married for love but for status .. they can deny you.

With the CR1 - it doesn't matter if you marry within 5 minutes of entering the country or 30 days - I think what you are talking about is getting married in the U.S. and then staying there and adjusting status - as in, that is the advice you have been reading. When you file your I-130 it is up to you to send good evidence of your bonafide relationship. If you had only MET for 2 weeks and then got married, well that might raise a red flag, but that is not the case here.

Anyway, the K3 is basically a waste of time, someone mentioned the 'important news' thread regarding the K3, that can be found here:

http://www.visajourney.com/forums/index.php?showtopic=240802

But to answer what I think is your question - you have two options. Apply for a K1, as a fiancee - or get married, then apply for the CR1.

Which one you choose will really depend on your priorities. If your Number 1 priority is to get to the U.S. to live as soon as possible AND if you live in Manitoba or west - then you might want to choose the K1. Getting an interview in Vancouver is faster. If you live East of Manitoba - may as well go with a CR1, processing time will only be a few weeks longer.

If you must be able to work immediately, then choose the CR1. You are able to work right away and should have your greencard within a couple of weeks. After two years you will remove conditions. All CR1 interviews take place in Montreal, they are slower scheduling interviews.

So really it comes down to two things. Number 1 priority and where you live in Canada.

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

[BlueBonnet 84]

Oh Boy !

Learning new things everyday here. Ok, I had the chit chat with my fiance, and he says to apply for whichever gets me to him sooner. So that sounds like were leaning towards the K1. Now you guys tell me Ill do my interview in Vancouver ?!?!

So now I will need to book a flight there, possibly Hotel, cab and a flight home ?!?

Oh my ... I was really under the impression that you would just interview in your own city. I know we have a US embassy here in the city I live in, I just assumed. My bad. So many little hiccups in this process ... but the other half waiting for us, are so worth it.

Thank you for the updates and replies, and new knowledge. Its really appreciated.