Canadian married an American, now what?

[trishp 0]

I am a Canadian who married her American fiance in Canada this past Friday. I have to stay in Canada as the last time i went down I was told "don't even try and return to the USA without the proper paperwork visas". What does that mean? How do I get a travel visa to at least visit and stay for a while. We are filing the I-130 and the Registration for permanent residence in a couple of weeks when we get the actual marriage certificate (takes two weeks before I can get a copy). There has to be a way. We got married in Canada as we were told that once the I-130 is being processed I can go back and forth (I have an aging mother, brother with cancer and my kids live here) between the US and Canada. It was tough saying goodbye at the airport this morning to my husband when we should be together. Any other Canadians out there gone through this? Also there is an Embassy in Calgary but I have been told by other people that I would have to go to Vancouver for the interview and Montreal for a green card. anyone know anything about this? Seems like the more websites and forums I read the more confused I get. Please help

[payxibka 10,047]

Moving thread to Canadian regional forum.... better chance of a good Canadian specific answer to your questions

[trishp 0]

Moving thread to Canadian regional forum.... better chance of a good Canadian specific answer to your questions

Thanks, how do I do that? Just new here.

[payxibka 10,047]

Thanks, how do I do that? Just new here.

You cannot... A group of us designated by the Admin can.

[Kathryn41 3,205]

I am a Canadian who married her American fiance in Canada this past Friday. I have to stay in Canada as the last time i went down I was told "don't even try and return to the USA without the proper paperwork visas". What does that mean? How do I get a travel visa to at least visit and stay for a while. We are filing the I-130 and the Registration for permanent residence in a couple of weeks when we get the actual marriage certificate (takes two weeks before I can get a copy). There has to be a way. We got married in Canada as we were told that once the I-130 is being processed I can go back and forth (I have an aging mother, brother with cancer and my kids live here) between the US and Canada. It was tough saying goodbye at the airport this morning to my husband when we should be together. Any other Canadians out there gone through this? Also there is an Embassy in Calgary but I have been told by other people that I would have to go to Vancouver for the interview and Montreal for a green card. anyone know anything about this? Seems like the more websites and forums I read the more confused I get. Please help

Hi trishp,

Payxibka moved your post to the Canadian forum already so you don't have to worry about it anymore.

Welcome to VJ. You will find lots of other American/Canadian couples here who will be happy to help out and do have lots of experience with what you are now starting. First of all, congratulations on your marriage!

You've started the correct process with your husband filing for the I-130 and then the other forms as required in order for you to get a green card. After the paperwork portion of the application is approved, the immigration process will move to Canada. Unfortunately, the only US Consulate in Canada that processes Spousal visas - the CR-1 - is the one in Montreal, so you won't have the luxury of using either the Calgary or the Vancouver Consulate. The interview will be in Montreal but you will only have to go once, not twice. Prior to the Interview you will also need to get together all of the necessary documents and requirements for the interview, including a Canada Wide police (or RCMP) Criminal record check and an immigration medical done by an approved physician. Unfortunately, there are only a few approved physicians as well and the closest is in Vancouver. There are others in Toronto and in Montreal, so you may need to schedule your immigration medical in Montreal for when you have the interview. Other members from Western Canada here who have gone this process will be able to help you out with the details for this.

Regarding being able to visit, you should be able to but on each and every visit it will be up to the border authority whether or not you will be allowed in. You will definitely not be allowed to live or to study in the US unless you have visas for those purposes and you will be turned back at the border if the border guard believes either of those is your intent when you arrive at the border. You will need to put together a package of documents that prove you have strong ties to Canada and are not an immigration risk at this time. Documents include a letter from your employer or school stating when you expected to return; a lease or mortgage or proof of ongoing accommodations that you are maintaining in Canada; ongoing utility bills; family responsibilities in Canada (your sick brother and your children will fit this category), things like that which show you need to return to Canada. Also, carry a copy of the I-130 and the immigration paperwork you have and add to it the various things you receive back from US immigration during the process. This shows that you are following the correct procedure and will help reassure US authorities that you won't jeopardize your chance at a visa.

At all times when you cross the border you must be honest. You cannot lie or try to hide or mitigate the truth as this is considered misrepresentation by US immigration and can lead to a denial of the Visa and a ban on entering the US, sometimes for life. It is better to endure the uncomfortable months of separation leading up to getting the visa rather than run the risk of losing out on it permanently. So, gather as much evidence as you can, be honest when you try to cross the border that you are visiting your husband for XXX amount of time while you are waiting for the immigration paperwork to be completed, and you will be returning to Canada on XXX date. Many Canadians have been able to visit without a problem, but there are others who have not been able to visit; it depends on the border guard.

You will probably find the Guides listed at the top of the CR-1 forum useful. Here is the link: http://www.visajourney.com/forums/topic/302-ir1-cr1-general-guides-and-info/ Don't hesitate to ask questions here and those who are going through or have recently gone through the same process will be happy to help you figure out the best approaches. Good luck.

Edited June 20, 2010 by Kathryn41

[HeatDeath 430]

Traveling to the US wile you have a visa application process underway is doable, but uncertain. Whether or not you are admitted to the US, and for how long, is at the sole discretion of the CBP officer you get when you hit the airport customs lane / land crossing, and is really a total roll of the dice. Best advice is to be completely honest - never EVER lie to anyone in the US government regarding anything even tangentially related to visiting or immigrating, EVER! At the same time volunteering that you are visiting your USC husband, if you have no additional documentation, will probably get your entry denied, so you will be strongly tempted to not volunteer that. On the other, other hand, not volunteering that you have a USC husband can look bad if it comes out later in the conversation. There is a solution to this dilemma, I think - see below.

CBP will be looking for evidence that you are not an illegal-immigration risk - that you intend to return to Canada in a reasonably short period of time. The standard advice is to bring a folder of documentation with you that will help you to prove this. Things like a letter from an employer describing your job and specifying an expected return date; Evidence of a mortgage or rental agreement, showing you have property in Canada that walking away from would be unreasonable; Basic medical information about your mother and brother might be helpful. One of the most important pieces of documentation you can bring is the initial USCIS NOA1 receipt for the K-3 visa petition. This proves that you and your husband have already invested hundreds of dollars in doing this properly. If you have this it is probably safe and probably even preferable to volunteer that you are married to a USC to the CBP officer. It is vitally important that you have a return ticket purchased, dated for not more than a few weeks later. Staying with your husband for more than a relatively short period at a time is, unfortunately, simply not an option.

It may happen that, at some point prior to the issuance of your visa, you may be denied entry to the US. DO NOT WORRY IF THIS HAPPENS! Denial of permission to visit has no bearing whatsoever on your K-3 visa. They are totally different categories, and denial of an attempt to visit has no bearing on whether or not you will be allowed to immigrate. I'm just telling you this so you can be prepared, and so you won't panic or breakdown, worrying about the implications for your future life together.

BTW, you will find that your K-3 visa will be administratively switched over to a CR-1 visa process by the NVC. There is a gotcha regarding that transition you should know about now. In the K-3 process, the initial petition requires you to list any children coming with you on the initial petition, but requires no additional paperwork for them. The CR-1 process requires that I-130s be filed out for each child. Many K-3 applicants have been caught flat-footed when their applications got switched to CR-1 applications, and they had not filed out and filed I-130s for their children. I'm no expert on this process (entered using a K-1 fiance visa) but you'll want to read the forums here carefully and make sure you understand both the K-3 and CR-1 processes and how they relate when (not if) you get switched over a few months from now.

[ValerieA 350]

H, trishp, and congratulations on your marriage!

You will need to do a CR-1 visa, which is the 'marriage visa'. Most are allowed to come and go during that time, but you have to have good ties to Canada to prove that you are not crossing with immigrant intent before you receive the visa. I don't know if the border guard maybe flagged you in their system the last time you crossed, though, that might be an issue. The CR-1 guide is here, you will need to review these for the process and post any questions on it in either the CR-1 forum or the Canada forum, whichever is more appropriate for the question.

Your interview will be in Montreal, they are the only consulate in Canada that processes CR-1 visas. The green card will be issued to you once you move to the US and activate your visa at the point of entry (POE).

Good luck! The whole process takes time (Montreal is slow, you can expect it to take 9 months or more for your CR-1 to be issued before you can move to the US), but it is, of course, worth it to be with your husband!

Edited June 20, 2010 by ValerieA

[trishp 0]

Thank you so much for the information. I think, just to be safe, my husband can make the trips to visit me here in Canada rather than the other way around. He has stronger ties to the US than I do in Canada (I am unemployed and looking and don't own a home) As for children, we are both in our 50's with grown children so it will be just I immigrating. I see that the CR-1 is the way to go but looks like I will be doing some travelling to Vancouver and Montreal in teh process. Oh job, don't know a sole in either place. Thanks again

Traveling to the US wile you have a visa application process underway is doable, but uncertain. Whether or not you are admitted to the US, and for how long, is at the sole discretion of the CBP officer you get when you hit the airport customs lane / land crossing, and is really a total roll of the dice. Best advice is to be completely honest - never EVER lie to anyone in the US government regarding anything even tangentially related to visiting or immigrating, EVER! At the same time volunteering that you are visiting your USC husband, if you have no additional documentation, will probably get your entry denied, so you will be strongly tempted to not volunteer that. On the other, other hand, not volunteering that you have a USC husband can look bad if it comes out later in the conversation. There is a solution to this dilemma, I think - see below.

CBP will be looking for evidence that you are not an illegal-immigration risk - that you intend to return to Canada in a reasonably short period of time. The standard advice is to bring a folder of documentation with you that will help you to prove this. Things like a letter from an employer describing your job and specifying an expected return date; Evidence of a mortgage or rental agreement, showing you have property in Canada that walking away from would be unreasonable; Basic medical information about your mother and brother might be helpful. One of the most important pieces of documentation you can bring is the initial USCIS NOA1 receipt for the K-3 visa petition. This proves that you and your husband have already invested hundreds of dollars in doing this properly. If you have this it is probably safe and probably even preferable to volunteer that you are married to a USC to the CBP officer. It is vitally important that you have a return ticket purchased, dated for not more than a few weeks later. Staying with your husband for more than a relatively short period at a time is, unfortunately, simply not an option.

It may happen that, at some point prior to the issuance of your visa, you may be denied entry to the US. DO NOT WORRY IF THIS HAPPENS! Denial of permission to visit has no bearing whatsoever on your K-3 visa. They are totally different categories, and denial of an attempt to visit has no bearing on whether or not you will be allowed to immigrate. I'm just telling you this so you can be prepared, and so you won't panic or breakdown, worrying about the implications for your future life together.

BTW, you will find that your K-3 visa will be administratively switched over to a CR-1 visa process by the NVC. There is a gotcha regarding that transition you should know about now. In the K-3 process, the initial petition requires you to list any children coming with you on the initial petition, but requires no additional paperwork for them. The CR-1 process requires that I-130s be filed out for each child. Many K-3 applicants have been caught flat-footed when their applications got switched to CR-1 applications, and they had not filed out and filed I-130s for their children. I'm no expert on this process (entered using a K-1 fiance visa) but you'll want to read the forums here carefully and make sure you understand both the K-3 and CR-1 processes and how they relate when (not if) you get switched over a few months from now.

[trishp 0]

Thank you so much for your very informative response. You have helped quite a bit. this having to fly to Montreal and Vancounver is a pain but will do what I have to do. I think I will let my husband do the travelling back and forth to visit, he has stronger ties to the US than I do Canada. i was told at the border that just having my family and my kids here, not working at present and no ownership of a house is not enough. Thanks again and i will probably be talking to you again.

Hi trishp,

Payxibka moved your post to the Canadian forum already so you don't have to worry about it anymore.

Welcome to VJ. You will find lots of other American/Canadian couples here who will be happy to help out and do have lots of experience with what you are now starting. First of all, congratulations on your marriage!

You've started the correct process with your husband filing for the I-130 and then the other forms as required in order for you to get a green card. After the paperwork portion of the application is approved, the immigration process will move to Canada. Unfortunately, the only US Consulate in Canada that processes Spousal visas - the CR-1 - is the one in Montreal, so you won't have the luxury of using either the Calgary or the Vancouver Consulate. The interview will be in Montreal but you will only have to go once, not twice. Prior to the Interview you will also need to get together all of the necessary documents and requirements for the interview, including a Canada Wide police (or RCMP) Criminal record check and an immigration medical done by an approved physician. Unfortunately, there are only a few approved physicians as well and the closest is in Vancouver. There are others in Toronto and in Montreal, so you may need to schedule your immigration medical in Montreal for when you have the interview. Other members from Western Canada here who have gone this process will be able to help you out with the details for this.

Regarding being able to visit, you should be able to but on each and every visit it will be up to the border authority whether or not you will be allowed in. You will definitely not be allowed to live or to study in the US unless you have visas for those purposes and you will be turned back at the border if the border guard believes either of those is your intent when you arrive at the border. You will need to put together a package of documents that prove you have strong ties to Canada and are not an immigration risk at this time. Documents include a letter from your employer or school stating when you expected to return; a lease or mortgage or proof of ongoing accommodations that you are maintaining in Canada; ongoing utility bills; family responsibilities in Canada (your sick brother and your children will fit this category), things like that which show you need to return to Canada. Also, carry a copy of the I-130 and the immigration paperwork you have and add to it the various things you receive back from US immigration during the process. This shows that you are following the correct procedure and will help reassure US authorities that you won't jeopardize your chance at a visa.

At all times when you cross the border you must be honest. You cannot lie or try to hide or mitigate the truth as this is considered misrepresentation by US immigration and can lead to a denial of the Visa and a ban on entering the US, sometimes for life. It is better to endure the uncomfortable months of separation leading up to getting the visa rather than run the risk of losing out on it permanently. So, gather as much evidence as you can, be honest when you try to cross the border that you are visiting your husband for XXX amount of time while you are waiting for the immigration paperwork to be completed, and you will be returning to Canada on XXX date. Many Canadians have been able to visit without a problem, but there are others who have not been able to visit; it depends on the border guard.

You will probably find the Guides listed at the top of the CR-1 forum useful. Here is the link: http://www.visajourney.com/forums/topic/302-ir1-cr1-general-guides-and-info/ Don't hesitate to ask questions here and those who are going through or have recently gone through the same process will be happy to help you figure out the best approaches. Good luck.

[Flames9_RN 358]

If ur going the CR-1 route, vancouver isn't even in the picture! Montreal is the ONLY consulate in Canada that handles the cr-1. You can do ur medical in any of the approved physicians, which are only on Montreal, Toronto and Vancouver, but it will be awhile before u have to worry about that! Whole process takes anywhere from 6 months to 1 yr! I would count on it being closer to 1 yr, but ya never know, as nothing in the immigration process makes much sense at times

[HeatDeath 430]

Thank you so much for your very informative response. You have helped quite a bit. this having to fly to Montreal and Vancounver is a pain but will do what I have to do. I think I will let my husband do the travelling back and forth to visit, he has stronger ties to the US than I do Canada. i was told at the border that just having my family and my kids here, not working at present and no ownership of a house is not enough. Thanks again and i will probably be talking to you again.

You will definitely have to go to Montreal. All CR-1 visas are issued through there. I'm not quite sure why you'd have to go to Vancouver though. You can do the medical in Montreal on the same trip you do the interview on. It just takes a little extra planing, but the medical clinics are used to that.

[daboyz 36]

Hi trishp,

Payxibka moved your post to the Canadian forum already so you don't have to worry about it anymore.

Welcome to VJ. You will find lots of other American/Canadian couples here who will be happy to help out and do have lots of experience with what you are now starting. First of all, congratulations on your marriage!

You've started the correct process with your husband filing for the I-130 and then the other forms as required in order for you to get a green card. After the paperwork portion of the application is approved, the immigration process will move to Canada. Unfortunately, the only US Consulate in Canada that processes Spousal visas - the CR-1 - is the one in Montreal, so you won't have the luxury of using either the Calgary or the Vancouver Consulate. The interview will be in Montreal but you will only have to go once, not twice. Prior to the Interview you will also need to get together all of the necessary documents and requirements for the interview, including a Canada Wide police (or RCMP) Criminal record check and an immigration medical done by an approved physician. Unfortunately, there are only a few approved physicians as well and the closest is in Vancouver. There are others in Toronto and in Montreal, so you may need to schedule your immigration medical in Montreal for when you have the interview. Other members from Western Canada here who have gone this process will be able to help you out with the details for this.

Regarding being able to visit, you should be able to but on each and every visit it will be up to the border authority whether or not you will be allowed in. You will definitely not be allowed to live or to study in the US unless you have visas for those purposes and you will be turned back at the border if the border guard believes either of those is your intent when you arrive at the border. You will need to put together a package of documents that prove you have strong ties to Canada and are not an immigration risk at this time. Documents include a letter from your employer or school stating when you expected to return; a lease or mortgage or proof of ongoing accommodations that you are maintaining in Canada; ongoing utility bills; family responsibilities in Canada (your sick brother and your children will fit this category), things like that which show you need to return to Canada. Also, carry a copy of the I-130 and the immigration paperwork you have and add to it the various things you receive back from US immigration during the process. This shows that you are following the correct procedure and will help reassure US authorities that you won't jeopardize your chance at a visa.

At all times when you cross the border you must be honest. You cannot lie or try to hide or mitigate the truth as this is considered misrepresentation by US immigration and can lead to a denial of the Visa and a ban on entering the US, sometimes for life. It is better to endure the uncomfortable months of separation leading up to getting the visa rather than run the risk of losing out on it permanently. So, gather as much evidence as you can, be honest when you try to cross the border that you are visiting your husband for XXX amount of time while you are waiting for the immigration paperwork to be completed, and you will be returning to Canada on XXX date. Many Canadians have been able to visit without a problem, but there are others who have not been able to visit; it depends on the border guard.

You will probably find the Guides listed at the top of the CR-1 forum useful. Here is the link: http://www.visajourney.com/forums/topic/302-ir1-cr1-general-guides-and-info/ Don't hesitate to ask questions here and those who are going through or have recently gone through the same process will be happy to help you figure out the best approaches. Good luck.

Nice post. You should try to have that pinned in the Canadian forum. I see the "Vancouver/Montreal" question asked alot.

[trishp 0]

Thanks for the reply. I will remember that about the bombing thing. LOL. What was the interview like?

Nice post. You should try to have that pinned in the Canadian forum. I see the "Vancouver/Montreal" question asked alot.