US citizen, marry in Canada, return to US

[matchs 0]

Hi all,

After spending days combing the forums, I'm reaching out for some insight. Feel free to link me to a previous topic if there's one that's relevant (as I haven't found it).

Background:

I'm a US citizen, she's Canadian. We just got engaged on Saturday as she was with me visiting family in the South.

We plan to live in the US after we marry. But, all of her family and friends are in Canada (Alberta) with family coming from the Middle East and India, and it will be easier (and much preferred) to marry in Alberta.

And here is where I need some help. As I understand it, I have a couple options. I'm not interested in lying or misleading any border agents or otherwise.

Is there a process that would allow us to have our time apart happen now - ie before the wedding - rather than after we are officially married? Here's an example:

In the K1 process, she comes to the US when visa is in-hand (say, 8 months from now) and a Justice of the Peace marries us, then we return to Canada to have the "actual" wedding ceremony. However, isn't the K1 a one-entry visa? Since she came to the US for us to marry, could we legally enter the US again as husband and wife, or is there another process we need to get through to make that happen? Are we talking months of waiting? Also, would I have trouble getting into Canada for the "ceremony" if I had proof of returning to the US?

I've also read all of the guides on the CR1, but it seems that we would have to spend many months commuting between countries to visit each other (after marrying) until that process was complete, or am I misunderstanding?

Finally, would either route allow us to marry and then move to a different, third country to be together while we await her US visa? We wouldn't mind spending 6 months wandering around Europe or South America while these things process, if that's an option.

I appreciate your help and creative thoughts...

[Stephalex 2]

I'm going to try and answer this the best I can to my full knowledge of it all.

You can have time before the wedding to have your time apart, which yes, you would apply for the K-1 Visa and then get married after she comes to the States.

The one little twist to the story is that yes, it's a one time entry.. and if you leave within that 90 days, I'm pretty sure you can't come back again because the rest of the process hasn't been fulfilled.

You won't be able to have her come to the states and then leave again to get married in Canada.. What my suggestion/idea would be, is have the LEGAL wedding in your US State, and then once all the interviews and AOS are done and over with and she has her green card, then you can go and have your family wedding in Canada with her family, unless they want to come to the legal one.

I planned with my fiance to have a reception in Canada once my AOS and everything is completed and my AP is passed so I can come and go to Canada when I want but the legality of it would be getting married in the States and then have the big family wedding in my home country.

I don't know too much about the CR-1 but we decided against this because there are more loopholes and often a longer waiting period, but yes, you would be commuting back and forth, as she won't be able to stay with you in the US.

For the last part, I don't think either route would be feasible to move to a different country, maybe travelling but if she is Canadian, we only get 6 months before we have to be back in Canada and I don't know if they frown on that, waiting in a different country than Canada while waiting for your visa application to go through may not be acceptable but don't quote me on this.

[Kathryn41 3,205]

Welcome to Visa Journey and congratulations on your engagement .

There are some problems in the plans you propose, and you have some choices to make which will entail compromising what you want, unfortunately. You can, however, chose between the compromises to get close to what you want.

First, the K-1 visa is good for a one time entry to the US. She cannot be married to enter the US on a K-1 visa and once she enters on the Visa she needs to get married IN the US within 90 days. Once she is married, she then needs to apply for permission to remain in the US by adjusting her status from a non-immigrant fiance to a permanent resident. This is done by filing an application called Adjustment of Status (AOS) and once approved will give her a 'green card'. Once she has a green card she is allowed to leave - and return to the US. She can also apply for special travel permission called Advance Parole (AP) at the same time as she applies for the green card. This is generally approved faster than the green card and is permission for her to leave the US and return while her AOS application is being processed. So, she needs either a green card or an Advance Parole in order to leave the US and be allowed to return. If she leaves without either of those then she needs to start the whole immigration process over again from the beginning with a Spousal Visa, called a CR-1/IR-1 Visa.

So, one option is as Stephalex suggested - to apply for the K-1, get legally married in the US (many do Court House marriages), apply for the AOS and the AP and when one of those arrives, then go to Canada for a big family wedding/reception. The problem is that it is hard to determine a date in advance and she will almost definitely have to remain in the US for about 3 months minimum in order to allow time for the wedding, applying for the AOS and AP and receiving the AP.

So, the second main option is to plan on a wedding in Canada, then apply for an IR-1/CR-1 spousal visa after the wedding. You will still be separated as she will have to remain in Canada while the visa is being processed (as well as attend an interview in Montreal) but she will probably be allowed to visit during that time, as long as she can show proof of strong ties to Canada (job, residential commitments, ongoing financial commitments, etc.).

Both processes can take between 9 months to over a year to complete. The K-1 process makes it difficult to plan for a big wedding on a pre-determined schedule while the CR-1 makes separation after the wedding necessary.

Regarding living in a third country while you wait for the process, the biggest concern would be with a document called the Affidavit of Support. You have to provide proof of US based income that meets 125% of the poverty level for a household of your size (the 2 of you plus any dependent children) for both the AOS and the CR-1 visa, or else you need to have someone as a co-sponsor who does meet the requirement with US based income. If you are able to meet this financial requirement while living in a third country (eg working for a US employer overseas) then this may work but you may find that the price you have to pay for your being together comes at the cost of not being able to be together in the US.

Another consideration about travelling around a third country is that while the first part of the process takes place in the US when you file either the I-129f petition or the I-130 petition, once your petition is approved (basically requesting permission for her to apply for a visa), the process moves to Canada. Your fiancee/wife has things she will need to do in Canada which include obtaining certain documents, undergoing security checks, having an immigration medical and attending an interview. For the K-1 that interview will be in Vancouver; for the CR-1 visa that interview will be in Montreal. She needs to be available in Canada to take care of these matters so while you may be able to travel during the first part of the process, she would need to be available during the second phase of the processing.

Unfortunately, US immigration is not relationship friendly, and many of us have had to make compromises on what we would like for what we need to do to make it work. It is the price we pay for loving someone from another country. We have just learned to recognize that the short-term pain (relatively speaking) is worth the long term gain.

I hope this helps you with your decision.

Edited June 23, 2011 by Kathryn41

[matchs 0]

Many thanks to both of you for the very helpful responses. I'll read them over a couple times and be sure I understand, then have that crucial discussion with her. I appreciate the clarity.

The process makes me curious if there's a way for me to be in Canada with her if we marry there; I'm happy to be there for the time being if it means less time apart. I know that Canada doesn't have a 'fiance' visa, and that she'd have to be my sponsor if I was to stay, but is there a method that would give me immediate rights to stay if we married? I assume it probably comes down to intent at the border. Of course, I could always try to find an employer and get in that way.

Again, I sincerely appreciate your help.

[Stephalex 2]

Many thanks to both of you for the very helpful responses. I'll read them over a couple times and be sure I understand, then have that crucial discussion with her. I appreciate the clarity.

The process makes me curious if there's a way for me to be in Canada with her if we marry there; I'm happy to be there for the time being if it means less time apart. I know that Canada doesn't have a 'fiance' visa, and that she'd have to be my sponsor if I was to stay, but is there a method that would give me immediate rights to stay if we married? I assume it probably comes down to intent at the border. Of course, I could always try to find an employer and get in that way.

Again, I sincerely appreciate your help.

There is a way that you can be with her in Canada to get married before you file for a visa but that being said, your only option after marriage is for the CR-1.

My suggestion is that you can probably stay in Canada for a couple months while you wait for the processes to go through the system, and it would mean less time apart.

Are you proposing to move to Canada or have her come to the US still?

I don't believe there is any method that would give you immediate rights to stay, only options are the K-1 and CR-1 but only the CR-1 applies if you become married.

Those who apply for work visas have a bit of a different time frame on their acceptance but even work visas are NOT permanent.

I know someone who has a work Visa and she can only stay for so long, and then has to come home for a bit, and then go back.

It would almost be fraudulent to marry her and try and come and stay in the country on a work visa because nothing guarantees you any immediate rights to stay.