Visiting Fiance in canada and applying for a CR-1?

[jessicaDiana 0]

I am thinking about coming to canada from the US to visit for about 6 months with the required amount of money to be allowed to stay that long. While in canada I intend to marry my fiance, but file from canada with a CR-1 to bring her back home with me in the US since the site I've referred to says it takes 3-6 months to receive the visa. we have thought of doing the k1 visa, we just prefer this idea more, because ide like to stay with her for a few moths and she does too and this is just how we would rather do this. i am NOT immigrating nor want to immigrate to canada, i just want to apply for a cr-1 while im up there with my canadian gf and when the cr-1 is approved bring her back home with me together to the USA. will this work? we looked it up online we would like to hear some opinions or experiences.

[LIFE'SJOURNEY 970]

NOTE THE CR1 TAKES AN AVERAGE OF 9 TO 12 MONTHS from begining to end. Read the guides up above.

[canadian_wife 1,822]

3-6 months? Not sure where you got your data from but dealing with Montreal for a spousal visa, look at 9-12 months. It took us 10 months from start to finish.

Good luck

[jessicaDiana 0]

even if it took THAT long can the idea of it work? is really what i was asking.

Edited January 20, 2011 by michael lee

[Inky 1,110]

It can but it can take months to get the marriage certificate in Canada. So don't expect to be able to file right away.

[Pegworth 2]

She can visit you while the CR-1 is being processed.

If she shows ties to Canada and receipt for the CR-1 once it is filed it shows you are going about it the legal way until she enters with the CR-1.

The reason I suggest this is at some point after the CR-1 is issued and she enters on that visa you will have to file a I-130 to show you can support her financially a I-485 for her AOS and a I-785 for her work authorization.

If your in Canada and not working you may have problems showing you meet the financial guide lines for the I-130 unless your financially independent without working.

[Inky 1,110]

She can visit you while the CR-1 is being processed.

If she shows ties to Canada and receipt for the CR-1 once it is filed it shows you are going about it the legal way until she enters with the CR-1.

The reason I suggest this is at some point after the CR-1 is issued and she enters on that visa you will have to file a I-130 to show you can support her financially a I-485 for her AOS and a I-785 for her work authorization.

If your in Canada and not working you may have problems showing you meet the financial guide lines for the I-130 unless your financially independent without working.

Incorrect. CR-1 get an I-155 stamp that is a temporary green card. NOTHING is filed for when entering the USA. The green card comes in the mail a few weeks later as well as the ssn.

There is no work authorization filing and an I-130 is a CR-1 petition not an affidavit of support. The I-864 is filed during the NVC stage for the CR-1.

Sorry peg you may want to go read the instructions.

[Darnell 8,478]

did you refer to a site? oh my.

please read the guides here at VJ - especially the DCF guide.

then work up 2 timetables -

one for Chicago Filing

one for Montreal Filing

compare the two, and let us know the results?

Please?

Purty please with bulgogi on it ?

She can visit you while the CR-1 is being processed.

If she shows ties to Canada and receipt for the CR-1 once it is filed it shows you are going about it the legal way until she enters with the CR-1.

The reason I suggest this is at some point after the CR-1 is issued and she enters on that visa you will have to file a I-130 to show you can support her financially a I-485 for her AOS and a I-785 for her work authorization.

If your in Canada and not working you may have problems showing you meet the financial guide lines for the I-130 unless your financially independent without working.

I declare shenanigans.

Seriously.

Seriously yer reply is rife with errors.

'after the CR-1 is issued' - full stop - the rest of yer post is rife with errors.

Are you ok ?

[Pegworth 2]

did you refer to a site? oh my.

please read the guides here at VJ - especially the DCF guide.

then work up 2 timetables -

one for Chicago Filing

one for Montreal Filing

compare the two, and let us know the results?

Please?

Purty please with bulgogi on it ?

I declare shenanigans.

Seriously.

Seriously yer reply is rife with errors.

'after the CR-1 is issued' - full stop - the rest of yer post is rife with errors.

Are you ok ?

So your saying nobody visits with a pending CR-1 after a marrige? Sorry I don't want suggest something wrong.

http://www.visajourney.com/forums/topic/259696-visiting-usa-while-cr-1-is-pending/

Edited January 20, 2011 by Pegworth

[OBX 51]

She can visit you while the CR-1 is being processed.

If she shows ties to Canada and receipt for the CR-1 once it is filed it shows you are going about it the legal way until she enters with the CR-1.

The reason I suggest this is at some point after the CR-1 is issued and she enters on that visa you will have to file a I-130 to show you can support her financially a I-485 for her AOS and a I-785 for her work authorization.

If your in Canada and not working you may have problems showing you meet the financial guide lines for the I-130 unless your financially independent without working.

So your saying nobody visits with a pending CR-1 after a marrige? Sorry I don't want suggest something wrong.

http://www.visajourn...r-1-is-pending/

The misinformation in your post is not the issue of visiting with a visa pending, it is the information bolded. After the visa is issued and the beneficiary enters the US there is no additional filing of an I-130, AOS or I-785! The CR1/IR1 visa is an immigrant visa allowing one immediate permanent resident status and authorization to work.

[Pegworth 2]

The misinformation in your post is not the issue of visiting with a visa pending, it is the information bolded. After the visa is issued and the beneficiary enters the US there is no additional filing of an I-130, AOS or I-785! The CR1/IR1 visa is an immigrant visa allowing one immediate permanent resident status and authorization to work.

Yes realized my mistake sorry. I thought a CR-1/IR1 was filed if your already married oppose to a fiancé visa but the process was the same after you enter sorry my mistake. So I've learned something thank you. Will he still need to show financial support during the process? This was the main reason for my post and about going this route and her visiting.

[OBX 51]

Yes realized my mistake sorry. I thought a CR-1/IR1 was filed if your already married oppose to a fiancé visa but the process was the same after you enter sorry my mistake. So I've learned something thank you. Will he still need to show financial support during the process? This was the main reason for my post and about going this route and her visiting.

Yes, absolutely. The US petitioner needs to be able show financial support via the I-864 at the NVC stage and must prove their domicile in the US.

[canadian_wife 1,822]

If you manage to be in Canada for the duration of the process, Montreal is VERY strict about 'domicile'. This means the USC must be living in the US - generally they like to see a job and stable home upon the interview, this will be difficult to obtain and maintain if you are traveling for long periods of time to Canada

Good luck

[Pegworth 2]

So me suggesting he stay in the US with a job and her visiting is good advice appose to him waiting around in Canada and doing nothing for 6 months to a year?

Sorry I wasn't sure about how a CR-1 works Darnell but point out what's right and wrong about my post to make your reply constructive instead of saying it's full of mistakes and asking if I'm ok? I mean really how does this help. If you over look my mistakes what I suggest makes sense from what I gather.

[Darnell 8,478]

I dunno, I blame Canada [queue the music from SouthPark]

proving up domicile is a huge issue on interview day - so be aware of that, when doing the CR-1 visa either via Chicago or Montreal.

pegs - as to the info you've put out - ya, it was rife with errors, but - let me whist away the fog, and suggest this -

IF an I-130 petition is filed, the foreign spouse (the Canadien) may or may not be let INTO the USA whilst the paperwork is pending.

It depends on 2 things, IMO -

--attitude and knowledge of the CBP officer at the instant she comes across or

--her ability to prove up that she's NOT immigrating, showing evidence at the border , to a CBP goon, that she's fully ensconched in Canada, showing a lease document, student enrollment papers, leave document / holiday document from the hr department, etc etc...

either one of these can trip up a 'vacationer', always.

or not - depending on that particular CBP goon at that particular moment, whilst the beneficiary is inside the POE.

FWIW, no, the K-1 and the CR-1 are not so similar - if you have a mo, please review the guides section here - I think you can glean the differences from studying the forms list, the processes, and any flowcharts ya find.