Get married in Canada, and wait out the CR-1 process..

[Peter/Lindsey 0]

Hey all,

About a year ago, we were on here looking for advice regarding a possible K3/CR-1 route. A few months later we decided to go with the K1, and began the process. We skipped out of it not long after, and decided to slow down and plan it all out better. What we have now decided to do is go through with the original plan of getting married in Canada, and have the USC live in Canada as the process moves along. When it's done, we want to be US bound. At the time we first came seeking advice, a few members ("wowswift" and "jonesg111") gave us a few pieces of advice. We haven't been able to private message them for further info, and so we thought the best course of action was to start over on our search for advice on this route (any hopefully they'll see this again).

So, all that being said, how can we go about this? We'd love to hear of how the process should be tackled, and what types of obstacles to expect. It seems a little more complicated when you're getting into tourist visa limits, and domicile, and whatever else it out there. It's been difficult starting all of this over!

Thanks a lot for your help, guys! Much appreciated.

[Peter/Lindsey 0]

As a follow-up, we just read through the domicile thread. It wasn't exaclty a positive thing to scan through. We are very concerned with the issue of domicile.

[jonesg111 0]

As a follow-up, we just read through the domicile thread. It wasn't exaclty a positive thing to scan through. We are very concerned with the issue of domicile.

In hind sight that would also be my main concern. I think it really depends on your situation which route you should take. If you want to be in Canada for an indefinite amount of time then go the CR-1 route since you may get hung up on the domicile issue. We went this way because of my job that I had and the idea of me not being able to work for a few months right after getting married just didn't seem like the best idea. We did not want to be in "limbo" like we are now for almost a year after our interview and again in hind site I think we would have gone k-1.

[trailmix 77]

The only real obstacles in the CR1 process, when both parties live in Canada, are domicile and the affidavit of support. You've read the thread so you know what to expect. You have about a year to get your ducks in a row, it can be done, you just have to decide if you are willing to do that and you are willing to risk being sent away for further evidence.

Most of the people who were asked for further evidence stated they were already domiciled in the U.S. or had maintained domicile. Both of these are almost impossible to prove (for the Montreal Consulate).

If you want to prove reestablishing domicile, you just need to focus on that alone. What will your status in Canada be? Are you just going to be a tourist? If you are planning on applying for Canadian PR - well that is another obstacle.

I haven't updated the domicile thread in a couple of months. I believe two people were recently approved. One case was way out of the norm - so not worth mentioning, the other one, I can't remember who it was. Hopefully they will see your thread and comment.

Edited March 22, 2010 by trailmix

[Malrothien 6]

I am a USC that was living in Canada - have a PR card. I elected to move back to the US a month and a half before our interview because of the domicile issue.

To warn you: the CO went into our interview ready to deny us based on the domicile evidence we had sent to NVC (bank account being opened and a lease agreement letter which used to be sufficient).

I had put together a 1.5 inch folder with re-establishment of domicile proof and out of all the things in there only three made her approve us: copy of my pay-stub, a formal, legally binding lease agreement, and my oath of office.

[Peter/Lindsey 0]

Thanks for the advice thus far.

The domicile issue seems to be (for the most part) the biggest hurdle on this route.

What it seems to come down to is a willingness to take some massive risks. We're just not sure how much we're willing to risk our future plans by deciding on a particular route.

Our goal is to be in the US long-term, and would rather be there sooner than later. As we mentioned in a message with "wowswift" (who has been also helpful), our decision to keep Canada as part of the process is merely a personal one for Peter's parents, so we can be married locally to them as a tribute before leaving for the States forever.

But the thing is, that if we want to avoid physical separation, domicile risks, and ultimately a potential denial of locating back to the US, where does that leave us in our decision-making? Would it be better for us to re-advance on the K1? We'd love to get married in Canada, and then have a simple transition to the South, but it doesn't appear as though we'll be able to have our cake and eat it too.

Wowswift also mentioned that if we were to re-apply for the K1 as the same two applicants, we should think about including a letter stating why we are deciding to re-apply on another one. If we did go this route (again), anything particular we should mention on that letter, or is it pretty much straightforward?

Thanks again for all your help. It's been very much appreciated.

[trailmix 77]

Nothing special to include in the letter, just tell the truth. Yes the K1 is a safer route, domicile wise. You are not completing the I-864 until the beneficiary moves to the U.S.

If you really don't think you can prove reestablishing domicile - then the K1 is a better bet for you.

[Hugglebuggles 60]

Since getting married in Canada is so important to you, have you considered doing a small civil wedding in the US and having a larger, formal wedding celebration in Canada later? This may seem a little unconventional, but a lot of K-1's have went this route.

[Peter/Lindsey 0]

Since getting married in Canada is so important to you, have you considered doing a small civil wedding in the US and having a larger, formal wedding celebration in Canada later? This may seem a little unconventional, but a lot of K-1's have went this route.

Yeah, this is something we have talked about. Unconventional, as you mentioned, but totally a route that could work out on both ends. Thanks for the suggestion.

[Peter/Lindsey 0]

Nothing special to include in the letter, just tell the truth. Yes the K1 is a safer route, domicile wise. You are not completing the I-864 until the beneficiary moves to the U.S.

If you really don't think you can prove reestablishing domicile - then the K1 is a better bet for you.

Thanks for the help.

Reestablishing domicile appears (from the domicile thread) to be something of greater difficulty than in the past (at least in Montreal). We could produce some documents easily (bank accounts, lease agreement, etc), but it's the potential separation as newlyweds (to prove the domicile issue), as well as the experiences we have witnessed other newlyweds encounter that looks unappealing.

[Sprailenes 47]

There isn't anything appealing about this process... no matter which way you do it.

[JlovesA 109]

But the thing is, that if we want to avoid physical separation, domicile risks, and ultimately a potential denial of locating back to the US, where does that leave us in our decision-making? Would it be better for us to re-advance on the K1? We'd love to get married in Canada, and then have a simple transition to the South, but it doesn't appear as though we'll be able to have our cake and eat it too.

The fact of the matter is, the process sucks no matter what your situation is. Most of deal/dealt with being apart from our partner. Like it or not, it's not meant to be a cakewalk.

[Peter/Lindsey 0]

There isn't anything appealing about this process... no matter which way you do it.

The fact of the matter is, the process sucks no matter what your situation is. Most of deal/dealt with being apart from our partner. Like it or not, it's not meant to be a cakewalk.

Agreed.

What you have to consider, is that a K1 allows you to be together after getting married inside the US. You go with the CR-1, get married together outside the boundaries of the US, and it's whole other road (as we've been getting at in this thread). Personally, if we had the choice, we'd much rather be apart before getting married, than afterwards. That's the part that's not appealing, and if we can avoid it on a K1, then it's something we shall have to figure out.

That's what we're getting at right now.

Edited March 22, 2010 by Peter/Lindsey

[Hugglebuggles 60]

That's exactly why we chose the K-1- the thought of being separated and married somehow seemed more difficult. Ideally, I wish I would have been able to get married in Canada as well, but not being separated as newly weds ended up being more important. So, I definitely understand your frustrations. We ended up having a nice small wedding here in the US and I was surprised by how many Canadian friends and family members who were willing to travel to attend.

[Marilyn. 340]

we got married in Canada and then went the Cr1 route.. the hubster would come visit me about every other month.. it took just over a year to get my visa but we also had a couple of RFE's so I possibly could have gotten my visa sooner..

yeah it is a little weird not living with your husband but I didn't miss the hubster anymore then I did before we were married..

I really think the CR1 is a slightly better visa because you don't have to deal with AOS etc...