Complicated position...could use some input

[rmassillon 0]

My fiance and I have been engaged for about 5 months now and we're looking for the best next step. Either K1 or CR1. However, she lives with her family in Canada but is a German citizen. She came to Canada about 5 years ago on a student visa and finished school in Canada. Her visa recently expired and after having applied for a work permit she was denied and ordered to leave the country within 90 days. She is going to re-apply for the work permit with the hopes of being approved not to sure as to why she was denied in the first place. Her sister was approved who is 20 while she is 23. So our plans at first were to apply for the K1 while she is Canada and has a legal residence status under whichever permit holds her legal status in Canada. With this situation now it sort of poses a problem since its possible that she might be denied once again.

I guess it would make no sense to start the K1 process with a Canadian address if that country does not see her as a legal residence. She has the option of going back to Germany as well in which we can either apply for the K1 from there or get married first and then file for the CR1 in Canada or Germany depending on when/where we get married.

Would it be ok to change the address of the beneficiary during the process in case she has to go back to Germany? IF she has to go back and we call NVC to change address, would this be sort of a flag considering that she would only have been in Germany for a few months? I understand that she has to list all the places she has lived with a timeline and having been there for just a few short months might pose a few questions for the process.

We have planned as of right now w/o any ties to certain wedding arrangements to marry on May 6th of 2011. Having that date fixed in mind I know we have a year and I wanted to start early just to give enough time in case their are any RFE's requiring a return/resend. Plus she has the 6 months to enter the country so its beyond possible to fit that date with the K1.

But if we went the CR1 route, she could still make it here by May too dependent upon when we get married...right? She wants to goto Germany for a few job offers and stay temporarily around Sept..(She is a photographer)

Could I take any of these routes and simply reroute the beneficiary address on a whim due to circumstances that just might change?

Thank you guys in advance for the replies..

This is a great site with helpful people.

Just a little bit of background. Her name is Randy Lange and we have been together now as of today for 2 years 3 months and 3 days. :)We try to see each other 1-2 a month. As for the last couple of months I have been visiting more often since she is bound to Canada since her renewal was in process. I just visited 2 weeks ago and its just an amazing feeling to be with the one you want to marry after not having been with each other for weeks. I just wish to have the plans set to make it permanent.

[canadian_wife 1,822]

I do not think that the consulates in Montreal or Vancouver will let a non-resident apply for a visa regardless if it is a K-1 or a Cr-1. She will need legal status in Canada to interview there.

Honestly, I would apply now with a German address. If her legal status in Canada changes, you can have the consulate changed later on in the process. Just my advice

Good luck.

[Filipinawife0210 15]

IMHO, I would wait until you know what her status is going to be. If she is denied annother work visa, she will have to go back to Germany anyways. Timewise, you should be fine either way, but there's no sense in making it more complex than it is already. Take it one process at a time. I would rather know definitely what her status in Canada is before submitting paperwork.

Edited May 19, 2010 by Filipinawife0210

[Darnell 8,478]

I would suggest, instead of 'work permit', to apply for a 'permanent residence status', in Canada.

Her family is there (I must assume 1 parent) so it'd be a bit stronger 'tie' to remain in Canada than just a 'work permit'.