US Citizen marrying Canadian who can't move for a year

[DeborahM 0]

I am a US Citizen. My fiance is a Canadian citizen. We are getting married in 3 weeks in Canada. He will not be free to leave his job in Canada for at least one year from now, so we plan to remain living apart, visiting each other as frequently as possible. He plans to move here when he can leave his job. My questions are: When should we start the process for him to live here permanently, what forms do we need to file, when? Where? Will we be free to travel between countries during the time we are waiting for his case to be reviewed and process? Should we anticipate any trouble at the border as we travel back and forth to visit our spouse? Thanks! Deborah

[TJ2010 5]

I am a US Citizen. My fiance is a Canadian citizen. We are getting married in 3 weeks in Canada. He will not be free to leave his job in Canada for at least one year from now, so we plan to remain living apart, visiting each other as frequently as possible. He plans to move here when he can leave his job. My questions are: When should we start the process for him to live here permanently, what forms do we need to file, when? Where? Will we be free to travel between countries during the time we are waiting for his case to be reviewed and process? Should we anticipate any trouble at the border as we travel back and forth to visit our spouse? Thanks! Deborah

Hi Deborah, since the visa process is a long one, I'd get started right after you get married. If the visa comes through and your husband still has a couple of months in his job, that's okay. The visa will be valid for 6 months so he doesn't have to travel right away. If you think he might have to stay in his job longer than a year from now, you would be wise to wait a few more months after you get married. Since you've got time on your side, the CR-1 visa might be the best way forward. The K-3 visa is the other option. Research both here on the site.

You shouldn't have any trouble travelling back and forth, but it's really up to the border guards on the day.. However, if your husband can take proof with him that he is still employed in Canada and must return for work, and any other proof like rental contracts, return plane tickets (if you fly to and from) etc. this will give proof that he will return as he has ties to Canada.

Good luck!

[Jadenjewel 9]

Hi,

We filed for our visa last Sept 1st. and still have no interview date. I thought we would be done by now naively. we had a couple of bumps on the road. 1. they lost his passport photo opening our I130 and then we had an RFE for the long form birth certificate, which they had it was just the "new" one.

So file ASAP as they seem to be taking longer lately, maybe it is due to the Haitian refugees or just bureaucracy. At least you will expect the year and if it gets approved sooner consider yourself fortunate.

Welcome to Visa Journey!

[Darnell 8,479]

*** not a K-3 visa topic , moving to CR-1/IR-1 forum ***