marrying in US vs. Camada

[elementyl 0]

Hi, I am a US citizen living in Montreal, Canada (on a work permit), and my fiance is a Canadian citizen. We want to move to the US in a few months, so we're not interested in waiting for the K-1 fiance route. Basically, I have a US job offer starting in January, so I would stay here in Canada until then. Ideally he would join me around the same time, or not too long after...

My questions are:

(1) Is it preferable to marry in Canada or the US, if we intend to live in Canada after the marriage and while we wait for the green card to process.

(2) Can we still do direct consular filing (Montreal) if the marriage occurs in the US?

(3) Can my fiance live with me AND WORK in the US while it is still being processed, if it doesn't go through by January?

(4) If not, can he visit me freely (come and go) while it is still being processed?

Thanks!!

[Dan J 277]

Hi, I am a US citizen living in Montreal, Canada (on a work permit), and my fiance is a Canadian citizen. We want to move to the US in a few months, so we're not interested in waiting for the K-1 fiance route. Basically, I have a US job offer starting in January, so I would stay here in Canada until then. Ideally he would join me around the same time, or not too long after...

My questions are:

(1) Is it preferable to marry in Canada or the US, if we intend to live in Canada after the marriage and while we wait for the green card to process.

(2) Can we still do direct consular filing (Montreal) if the marriage occurs in the US?

(3) Can my fiance live with me AND WORK in the US while it is still being processed, if it doesn't go through by January?

(4) If not, can he visit me freely (come and go) while it is still being processed?

Thanks!!

1. Where you marry does not matter. If you decide to marry in the US, your fiance will have to return to Canada until a visa is received.

2. Yes, just need to meet the residency requirements.

3. Visit as a tourist is about all your fiancée will be able to do while the visa is processing.

4. Yes, but he will need to show ties to Canada and that he intends to return.

Montreal does have a long wait for interviews (4-6 months) Its unlikely the visa will be completed before January.

[elementyl 0]

Okay, thanks for the info - though do you know what the residency requirements are for DCF? (I've lived in Montreal just over a year)

[Dan J 277]

Okay, thanks for the info - though do you know what the residency requirements are for DCF? (I've lived in Montreal just over a year)

This page will give you more information: http://www.visajourney.com/consulates/index.php?ctry=Canada&cty=Montreal I didn't see any minimum stay requirement, just need to be a resident.

[Kimbear 53]

IF you head on over to the Canada forum you can get some pretty specific information, including a pinned post on residency and how to prove it etc for returning to the us if your both currently in Canada. Quite a few of our long time posters have gone through the DCF route and you may find their advice and experience invaluable.