K1 vs. K3. vs. CR-1

[andre374 0]

I am looking for some advice on which Visa would work best given our situation.

I (American Citizen) recently got engaged to my Candadian Fiance. I live in MN and he lives in Saskatchewan, he will be moving to MN. I am currently under the impression that all options will require that he cannot visit the US while we are waiting for his Visa to be approved (5 months+). Is this correct? Is it worth the risk of traveling? Am I as the American prohibited from traveling during this time period?

After the visa is approved, whether it be the K1 to marry, or one of the spouse options, he can immediately apply for permanent residency, right? (for the K1 it would be after we marry, then he would apply for permanent residency). Which option will allow my future hubby to freely travel home to Canada to visit his family during the time period we are waiting for the permanent residency visa to go through.

I guess I want to know which way will let him get down here sooner, allow him to travel back and forth at will, allow him to work sooner and take the least amount of waiting time.

Then, let's say we get married now and process K3 or C1 papers, does it matter if we get married in the USA or Canada if he's planning on going back to Canada to work after we marry while we're waiting for the paperwork to go through? He would like to stay working fulltime in Canada as long as he can because he knows he won't be able to look for a job down here right away. Even though I can financially support him while we wait for the visa/permanent residency process.

Any help or advice would be greatly appreciated. Thanks!

[soon2batexan 3]

Americans can travel in and out of Canada pretty freely. We don't have Fiance visas in Canada, so you shouldn't encounter any difficulties. As for your Canadian Fiance, he can visit you as well. Just make sure he brings proof of his ties to Canada (ie lease/title for his home, a letter from his employer stating when he's expected to return to work, a couple of utility bills (cell phone isn't a good enough example..electricity/water bill would be preferred), and any other proof of ties that would compel him to return).

I personally visited the US twice while my K-1 was pending as was never even asked to show proof, although I had it with me to be on the safe side. Also, when I went through customs at the airport, I had a printed copy of my itinerary showing proof of my return airfare, and I handed that over automatically with my boarding pass and passport to the customs officer. That way the don't have to ask how long I'm staying, therefore it reduces the need to ask a bunch of other questions.

There are people who have been denied entry, but it's rare. Your Fiance should answer honestly and confidently, and remember to look the CO in the eye.

Our k-1 took about 3.5 months to process from start to finish. I live in AB, and since your Fiance is in SK he'll most likely interview at the Vancouver Consulate as well (which is an easy and less expensive trip than going to Montreal, which will be required if you file aK-3 or CR-1...Vancouver doesn't process those, at least not that I'm aware of).

[HeatDeath 430]

All of the above is correct, though your timeline may vary. 3.5 months seems abnormally quick (you lucky dogs ).

Because your Canadian half is in SK, I would strongly recommend doing a K-1 rather than a CR-1. (Forget K-3s. There's a new policy which automatically turns K-3 applications into CR-1 applications the vast majority of the time.)

If you apply for a K-1 visa, you will have to pay an extra $1000 to adjust status once you enter the US, but your visa application will progrss much faster, because it will be going through Vancouver, rather than Montreal. Also, there will be no period of forced separation after the wedding, the way there would be for a CR-1.