Need to leave the US while waiting approval?

[tase22 0]

Hi

I am just beginning this journey. The more I read, the more confused I get. I'm sure I will be able to follow the steps once I better understand the path I should take.

Situation:I was born raised and lived in the US for almost 50 years. I want to marry a Canadian citizen.

I hope I am wrong, but in my researching today it appears that my wife to be will have to remain outside of the United States for a period of time, while the forms get processed.

Our plan was to get married in the US and fill out forms (whatever they turn out to be) but have her here living with me the entire time. Is this not possible? Does she need to stay in Canada for a period of time?

We have no problem going the fiance route if determined to be better or easier.

Also

She has told me based on her research that we can get married in US, and then I will be her sponsor, and thus she can remain in the US the entire time, but will not be eligible for employment for 5 years. I did not see anything relating to the 5 year law.

I have read about the K-1, K-3 and the IR-1/CR-1, but still sit here overwhelmed.

Any advice, clarification, suggestions are welcome

Thanks

Mark

[canadian_wife 1,829]

First, your fiance cannot live in the US with you. She may visit but not live. As a Canadian, she may visit for up to 6 months at a time. It's a good idea that she have ties to Canada to show in case the agent asks for proof that she will return to Canada.

The K-3 is dead, no longer an option. You may apply today for the K-1 or you may wait and get married (she may enter the US to get married but must return to Canada when the terms of her stay are up) and apply for the Cr-1 spousal visa

Not sure where these 5 years of unemployment came from but you found the right place to sort all this out. Start by reading the guides to figure out what visa is best for you.

What she cannot to is enter the US as a visitor with the intentions of staying an immigrating. That is immigration fraud and can result in a lifetime ban from the US

Good luck, welcome to VJ

[tase22 0]

Thanks Canadian-Wife

Is there any chance that some type of approval can be received during that 6 months that will allow her to stay?

She will be making quite a few trips to Canada durung that 6 months. she has heavy ties to Canada.

All the answers are here I'm sure, but I really appreciate your help.

[pushbrk 13,181]

Thanks Canadian-Wife

Is there any chance that some type of approval can be received during that 6 months that will allow her to stay?

She will be making quite a few trips to Canada durung that 6 months. she has heavy ties to Canada.

All the answers are here I'm sure, but I really appreciate your help.

Start carefully studying the CR1 guide. No, her approval to reside in the USA will occur at a visa interview in Montreal. She may visit but each entry is always risking a denial of entry. Handled correctly, she should be able to spend most of the time in the USA as the process moves forward but there's no way to guarantee any entry.

[Brother Hesekiel 2,236]

Your question comes up quite frequently, and it always causes people to disagree with each other on how to "interpret" immigration law in regard to "intent" (to visit, marry, and then adjust status to permanent resident).

Yet, your case is rather simple. Yes, you can marry your fiance in the US, have a fantastic honeymoon, afterward should file the CR-1 paperwork for your then wife. For the interview she has to go back to Canada, but there's no law that prevents her to visit you while waiting for your petition to be administered. Luckily for you, Canada is just a jump away; if you were to live in Australia, the whole process would take a whole different dimension.

As it has been stated in one of the previous responses, it is ultimately up to the CBP officer to allow your then wife to visit you while her immigration case is being processed, but since by that time you have initiated the immigration process in the correct and formal manner, I don't see why she should have any problems doing so.

[OBX 51]

Thanks Canadian-Wife

Is there any chance that some type of approval can be received during that 6 months that will allow her to stay?

She will be making quite a few trips to Canada durung that 6 months. she has heavy ties to Canada.

All the answers are here I'm sure, but I really appreciate your help.

Unfortunately the chances of completing the process from submission of CR1 to interview date within 6 months is slim. At this point the process is averaging 9 - 11 months. You will find more detailed information about timelines in the Canada forum as well as support from many others in your situation. Good luck.

[pushbrk 13,181]

Unfortunately the chances of completing the process from submission of CR1 to interview date within 6 months is slim. At this point the process is averaging 9 - 11 months. You will find more detailed information about timelines in the Canada forum as well as support from many others in your situation. Good luck.

People taking that long to complete the process aren't using the NVC shortcuts or opting for electronic processing through NVC that's available for Montreal and Guangzhou cases. It COULD take that long and the "approval" of the visa MUST take place in Montreal but done well, the process should only take 5 to 7 months from filing to interview.

[canadian_wife 1,829]

Montreal is a slow consulate. Just a little while ago people were waiting 5 months for an interview after a completed case from NVC. Although it is getting better, it is not nearly as quick as some other consulates. Look at 2-3 months from a complete case at NVC to an interview

Good luck.

[OBX 51]

People taking that long to complete the process aren't using the NVC shortcuts or opting for electronic processing through NVC that's available for Montreal and Guangzhou cases. It COULD take that long and the "approval" of the visa MUST take place in Montreal but done well, the process should only take 5 to 7 months from filing to interview.

I did not take the option of EP into account in my previous post, however, filers that have recently completed the process (and used the EP option) have taken longer than 5 -7 months. Perhaps that is a reflection of the 4-5 month wait for an interview that canadian_wife noted. Hopefully things will speed up and the 5 to 7 month estimate you noted will become the norm.

[pushbrk 13,181]

I did not take the option of EP into account in my previous post, however, filers that have recently completed the process (and used the EP option) have taken longer than 5 -7 months. Perhaps that is a reflection of the 4-5 month wait for an interview that canadian_wife noted. Hopefully things will speed up and the 5 to 7 month estimate you noted will become the norm.

Have there been many reports of EP completions through Montreal. For Guangzhou the NVC complete to interview is two to three months less with EP. How is that working through Montreal?

[OBX 51]

Have there been many reports of EP completions through Montreal. For Guangzhou the NVC complete to interview is two to three months less with EP. How is that working through Montreal?

Not many so far but I would expect that to change as more filers complete and post their experiences. From what I have seen from the timelines of the few that have completed to date, they have taken 4-6 weeks to get through NVC and then the 3-4 month wait for an interview. It has been the wait for a Montreal interview that seems to have been holding things up. It will be interesting to see if the times decrease as more opt into EP.

Edited March 19, 2010 by OBX

[pushbrk 13,181]

Not many so far but I would expect that to change as more filers complete and post their experiences. From what I have seen from the timelines of the few that have completed to date, they have taken 4-6 weeks to get through NVC and then the 3-4 month wait for an interview. It has been the wait for a Montreal interview that seems to have been holding things up. It will be interesting to see if the times decrease as more opt into EP.

Well it would be interesting to know if non EP cases in the same time frame were waiting longer for interviews. What do you know about that?

[OBX 51]

Well it would be interesting to know if non EP cases in the same time frame were waiting longer for interviews. What do you know about that?

Doesn't seem to be the case so far. This will be an interesting topic to follow though.

[pushbrk 13,181]

Doesn't seem to be the case so far. This will be an interesting topic to follow though.

For Guangzhou NVC complete to interview is 2 to 4 months shorter but a lot of that is the delay in GUZ taking delivery of paper case files. Montreal doesn't have that issue and from what you're saying the EP cases aren't jumping ahead in the line like in GUZ.

[zenaxe 22]

Hi

I am just beginning this journey. The more I read, the more confused I get. I'm sure I will be able to follow the steps once I better understand the path I should take.

Situation:I was born raised and lived in the US for almost 50 years. I want to marry a Canadian citizen.

I hope I am wrong, but in my researching today it appears that my wife to be will have to remain outside of the United States for a period of time, while the forms get processed.

Our plan was to get married in the US and fill out forms (whatever they turn out to be) but have her here living with me the entire time. Is this not possible? Does she need to stay in Canada for a period of time?

We have no problem going the fiance route if determined to be better or easier.

Also

She has told me based on her research that we can get married in US, and then I will be her sponsor, and thus she can remain in the US the entire time, but will not be eligible for employment for 5 years. I did not see anything relating to the 5 year law.

I have read about the K-1, K-3 and the IR-1/CR-1, but still sit here overwhelmed.

Any advice, clarification, suggestions are welcome

Thanks

Mark

It can get overwhelming at first but once you start getting familiar with it and read the guides at the top of the visajourney menu etc you'll have a better understanding. See the section on the different types of visas and also on how to file etc. People have alread replied to your post.

You have a few options as previously pointed out. You can file a K 1 petition for a fiance. You file for her and she remains in Canada. There is a process and it takes time. If you file a K 1 and it's approved - she'll have to have an interview in Canada - she then comes down and after crossing into the USA on that K1 visa, you guys have 90 days to marry. If you fail to marry within the 90 days the visa expires and she'll have to leave the country. The K1 visa doesn't allow her to work or allow her to leave the USA. It's a one time entry visa for marriage. You would have to apply to adjust her status after marriage and you would apply for Emmployment Authorization and Advanced parole. One gets her legal to work and the other allows travel. These additonal permits take a few months as well. After the marriage , the adjustment of status is the road to getting her green card.

With the CR 1 visa. You guys could marry in the USA and she would then have to leave the country and return to Canada. Then you file for the I 130 petition and there is a lot to know and file but if you follow the guides and ask questions, you should get a better understanding. When you file the petition it goes through various stages until a final approval is granted. I wont bore you with the gory details here but the guides will help you.

She would be allowed to visit you while the petition and visa applications are being processed but crossing the border depends on the border officer. She would have to bring strong ties to Canada when she crosses ie return ticket helps - no one way trips, lease or mortgage, utility bills current, letter from an employer showing her status and a clear date of when she is expected back to work etc etc. She's no longer just a regular visitor when you marry and file the petition so be prepared.

Again get familiar with the guides on the site and ask questions. You'll learn if you apply yourself. As well you can seek the advise of immigration lawyers and consult as to what may be your best plan. I was going to use a lawyer and had email consultations and one telephone consultation with a legal beagle but decided I could do this without legal representation based on what I learned on visa journey. It's great and people are very helpful.

Good luck.