Can I bring my fiance here and keep her here during IR-1/CR-1 process ??

[LostConfused 0]

Hi everyone, I have a question regarding this process and wanted your input.

I am a USC and my fiance is a Canadian citizen. Is it possible for her to come to the US and marry me but stay here during the IR-1/CR-1 process. Basically come in as a visitor, get married, start filing, and not leave. I have heard that it can be a risky approach but I wanted to understand why ? If this is not preferred, what would be the best way for me to go about this process? Bring her in as my fiance or marry her in Canada and bring her here under the IR-1/CR-1? Thanks for any help or direction you can provide me.

LC

[Amy and Nick 37]

The short answer is no.

While is is possible file for an adjustment of status, she must already be in the US when you decide to carry it out. If she enters the USA with immigration intent, this is visa fraud. Its not a risky approach, it is an illegal approach that could seriously lead to deportation and a ban for her. Its is just not worth the risk IMO.

The "correct" way to do it depends on your personal circumstances. Check out the K1 forum for advice on he fiance visa. Something to bear in mind is that spousal visas are currently only processed in Montreal, and last I checked there was a 5 months wait for interviews. However K1's are processed I think by Montreal and Vancouver.

Keep trawling through the threads and youll find lots of advice!

Good Luck!

[Scott and Mhay 57]

You can get married in the US under a visitor visa, but it is best to have her go back before her visitor visa is expired. The whole thing with coming to the US with the motive to get married and adjust status is not a good idea (visa fraud)and could get her denied entry to the US.

Edited January 29, 2011 by Scott and Mhay

[canadian_wife 1,829]

She can enter on a visitors visa, marry you and stay for the duration she is allowed by the CBP (this can be up to 6 months) however entering with intentions of marrying you...she must return to Canada for the rest of the processing

You CANNOT use a visitors entrance to circumvent the immigration system. This is where it gets tricky.

Good luck

PS- follow the guides for the CR-1 visa (in my opinion, the superior visa to a K-1)

http://www.visajourney.com/content/i130guide1

[LostConfused 0]

Great, thanks for the advice ! So, i looked at the K1 vs the CR1 and I see where it can be superior based on permanent residency upon arrival, however, it can take a small bit longer for the process to complete. I guess I would prefer the CR1 since I would wait a little longer but wouldn't have to apply for AOS and EAD documents as necessary with the K1.

So basically, I would have to go to Canada, get married, and then file for the CR-1 and hopefully, within 9 months, i'm good to go and my wife will be allowed in to the US and be a permanent resident...correct?

[Done--Really 331]

No need to get married in Canada--you can do it anywhere.

[LostConfused 0]

Well since I live in the US and she lives in Canada, I figured it would be easier if we did it here or there...and since getting married in the US runs somewhat of a risk of "fraud" then i'd rather do it in Canada. I understand that we can both go down to Mexico and get married as well.

[canadian_wife 1,829]

no risk of fraud getting married in the US, she MUST return to Canada however

If she lives in Ontario, also bank on 6-8 weeks after the wedding before you can file - it takes that long to get the marriage certificat. Also, the Cr-1 visa will be held in Montreal so make sure you alott the fiances for that as well

Good luck

[OBX 51]

no risk of fraud getting married in the US, she MUST return to Canada however

If she lives in Ontario, also bank on 6-8 weeks after the wedding before you can file - it takes that long to get the marriage certificat. Also, the Cr-1 visa will be held in Montreal so make sure you alott the fiances for that as well

Good luck

^^ Agree. You will need your marriage certificate to file; so waiting for that will set you back a bit of time if you marry in Ontario.

We married in the US, were able to obtain our marriage certificate the same day, mailed our petition the same week and I returned to Canada to wait out the process. We had no issue at all. Good luck.

[Amy and Nick 37]

and just to reiterate. Nothing wrong with getting married in the US, I did and numerous others have. The issue is intent to immigrate. So long as she returns within the allocated time, shes fine.

[LostConfused 0]

Got it, thanks for all the details ! Should make the decisions easier.

[Wobbles 0]

The short answer is no.

While is is possible file for an adjustment of status, she must already be in the US when you decide to carry it out. If she enters the USA with immigration intent, this is visa fraud. Its not a risky approach, it is an illegal approach that could seriously lead to deportation and a ban for her. Its is just not worth the risk IMO.

The "correct" way to do it depends on your personal circumstances. Check out the K1 forum for advice on he fiance visa. Something to bear in mind is that spousal visas are currently only processed in Montreal, and last I checked there was a 5 months wait for interviews. However K1's are processed I think by Montreal and Vancouver.

Keep trawling through the threads and youll find lots of advice!

Good Luck!

The short answer is no.

While is is possible file for an adjustment of status, she must already be in the US when you decide to carry it out. If she enters the USA with immigration intent, this is visa fraud. Its not a risky approach, it is an illegal approach that could seriously lead to deportation and a ban for her. Its is just not worth the risk IMO.

The "correct" way to do it depends on your personal circumstances. Check out the K1 forum for advice on he fiance visa. Something to bear in mind is that spousal visas are currently only processed in Montreal, and last I checked there was a 5 months wait for interviews. However K1's are processed I think by Montreal and Vancouver.

Keep trawling through the threads and youll find lots of advice!

Good Luck!

[Wobbles 0]

Are you serious? There's a 5 month waiting time for spousal visa interviews in Montreal? We just sent in my IV package and were hoping that the interview would be scheduled in the next month or so...am I dreaming in technicolour? Is there a place on this board where I can check out these waiting times? Good grief.

[canadian_wife 1,829]

https://spreadsheets.google.com/ccc?key=0AoHUzXDIb8k7dHkzeldWSHFTdHY1ak1KR0RVWmhNaVE&hl=en&authkey=CKnQx7gC#gid=0

As you can see, those who just interviewed in NOvember waited upwards of 150 days (which is 5months) however, recently it has gone down. No promises that it won't go back up again. Be prepared for a wait but pleasntly surprised if there isn't one

Good luck