getting married on a visit!!!

[paul8579 0]

My girlfriend and I are wanting to get married when she visits in the next few months. We already know that its possible and that we would apply for the IR1/CR1 VISA AFTER MARRYING! My question is i know she'll have to go back to canada for the interview at the embassy but howhelp long will the process be and exactly what all goes down with this process? will she be allowed to come back to the united states or will she have to remain in canada? thanks guys and gals?

[OBX 51]

My girlfriend and I are wanting to get married when she visits in the next few months. We already know that its possible and that we would apply for the IR1/CR1 VISA AFTER MARRYING! My question is i know she'll have to go back to canada for the interview at the embassy but howhelp long will the process be and exactly what all goes down with this process? will she be allowed to come back to the united states or will she have to remain in canada? thanks guys and gals?

You might find the answer Kathryn41 gave in a similar thread helpful. The process from I-130 submission to interview is taking roughly 9 months. You might want to check out the Canada forum for more timelines. Good luck.

Just to clarify - you are allowed to 'visit' the US. You are not allowed to 'live' in the US and if the border authorities suspect this is the case you will be denied entry. While Canadians are technically allowed to spend up to 6 months in the US as a visitor, it is up to the border authorities when you cross the border to determine how long you are actually allowed to stay. If they say 1 month, then their decision overrides every other option. If they do not specify a time period, then you have up to 6 months - as long as it is a visit and not living in the US.

Be prepared to show evidence of your 'ties' to Canada during the processing of the CR-1. You need to reassure the border authorities when you cross that you have commitments in Canada that necessitate your return and will not be trying to evade the immigration process by remaining in the US. Letter/contract from your employer, lease/mortgage documents, ongoing utility payments all provide good evidence of ties to Canada. When you have filed for the CR-1 carrying a copy of the full petition and application is also good as it shows your intent of following the correct immigration process.

One other quick comment. You are not allowed to cross the border as a visitor with the intent of getting married AND remaining in the US to adjust status (get a green card). That is considered visa fraud and carries with it severe penalties if discovered. You are allowed to enter the US as a visitor with the intention of getting married, getting married, and then pursuing the immigration process from outside of the US (CR-1). It is the intent upon entry that is relevant on whether you can remain in the US to adjust status after marriage or not. Since you are already talking about entering the US to get married, you don't have that option available now - legally.

Be sure to drop by the Canada Regional Forum as well - there are many Canadian/American couples there who have gone or are going through the same process.

[zenaxe 22]

My girlfriend and I are wanting to get married when she visits in the next few months. We already know that its possible and that we would apply for the IR1/CR1 VISA AFTER MARRYING! My question is i know she'll have to go back to canada for the interview at the embassy but howhelp long will the process be and exactly what all goes down with this process? will she be allowed to come back to the united states or will she have to remain in canada? thanks guys and gals?

I'm Canadian and my wife is American; we got married in the USA. We sent off our petition I 130 and I left shortly thereafter and returned to Canada. I did go visit her in Feb and I had no problem crossing the border. Always be honest with the good folks at the border and answer their questions truthfully. To cross over the border she'll require strong ties to Canada ie lease, mortgage and title, current utility bills, employment letter advising of your employment and expected date of return etc.

She does have to eventually interview in Montreal as the final step in the visa process. The process can take anywhere from 7 months to over a year; I think the average is about 9 months.

You should get familiear with the guides on visa journey - they are quite helpful with the entire process including filing your petition.

Good luck.