K1 vs K3

[freem 0]

I am in Vancouver and my bf currently lives in WA. He will be moving to the east coast to start a new job next year and we are currently looking at different options and doing some research.

We are deciding between filing for a K-1 and going through that route or getting married up in Canada and then having him sponsor me as a spouse. What are your thoughts, experiences on the two options? What's the paperwork involved in an American marrying in Canada but not wanting to go through the immigration or resident procedure?

[bigbigblake 2]

K3 is a dependent of a K1.

Its K1 or IR1 (married first)

[freem 0]

Thanks for the clarification. Either way, what are the pros and cons of the IR-1 vs the K-1? I have found several comparison links but a lot of them don't seem to apply to Canadians.

[Inky 1,111]

K3 is a dependent of a K1.

Its K1 or IR1 (married first)

K-3 is not a dependant omg.

K-3 is a SPOUSAL VISA.

K-2 is a dependant of a K-1.

IR-1 is for only people married MORE than 2 years.

CR-1 is for people who are newly married up to 2 years.

PLEASE see the comparison charts.... K-3 visa is more expensive and takes longer for you to be able to work.

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

[freem 0]

Thanks for the comparison charts. That's exactly what I was looking for. I am reading about the K-3 and IR-1/CR-1, and fail to see what the advantage of getting a K3 over CR1 would be. It seems like in the latter case, you would immediately be able to work and travel around freely. Plus it takes less time and money.

[Udella&Wiz 325]

If you look at it from a selfish stand point (which is quite ok!).....if you go K1 - the waiting and being apart occurs while you're engaged and filing the K1 (you can still travel to see one another)- once approved you move to the US, marry, adjust status (AOS) and live happily ever after - all the rest of the waiting is done together....you can work in Canada until you move and then you will have a period of unemployment while you're adjusting status and become eligible to work. From what I understand the Vancouver consulate is faster then Montreal (bonus for you) - hopefully someone can chime in with the timelines.

I know less about the CR1 - but you marry first and then file afterwards, once the VISA is issued you are eligible to work immediately when you enter the US...it still requires waiting in Canada until the VISA is granted. We chose the K1 route and I liked it just fine - I'm sure others will comment.

Don't quite understand your comment 'What's the paperwork involved in an American marrying in Canada but not wanting to go through the immigration or resident procedure?' Are you asking if you can have the wedding here?

[freem 0]

Don't quite understand your comment 'What's the paperwork involved in an American marrying in Canada but not wanting to go through the immigration or resident procedure?' Are you asking if you can have the wedding here?

If we were to go the CR1 route, we'd have to get married up in Canada. Are there special papers that he, as an American, would have to file to get married up here? He is not planning to stay in Canada as we obviously want to move to the US.

[Inky 1,111]

If we were to go the CR1 route, we'd have to get married up in Canada. Are there special papers that he, as an American, would have to file to get married up here? He is not planning to stay in Canada as we obviously want to move to the US.

You can get married ANYWHERE in the world that you want to. There is NO requirement to marry in Canada.

The only requirement is that you are married to file for CR-1.

So if you want to get married on a cruise you can do it. If you wanna marry in the USA you can do it etc etc etc.

[Flames9_RN 358]

Everyone's situation is different, so have a good look at that chart that compares the k1 and CR-1! The CR-1 is a superior visa, but it takes a lot longer! Just look over that comparison chart.

[Udella&Wiz 325]

I suppose the only thing to mind when he travels up for the wedding is what he says at the border and to make sure he has good evidence of ties to the US.

He should be honest 100% and say he is coming up to marry his fiancée but will be returning to teh US by X.... but be prepared to prove that he is not planning to stay in Canada afterwards (that would be a no-no). Just like when Cdn fiancés visit the US...he should come prepared with an employer letter stating when they expect his return and anything else that proves he has responsibilities back in the US that he's returning to.

Have you checked into how long it takes to get your marriage certificate back from the BC gov't? I've heard it can be pretty long in ON and that might hold up your CR1 application more then anything because you can't send it without it.

Edited August 11, 2011 by Udella&Wiz

[SapphireDreams 71]

^^ Actually, Neiks mentioned in another thread that an American travelling to Canada doesn't really have to have as strong of ties, since you can technically apply to be a resident from within Canada. I'm paraphrasing, but that was my understanding and that's why it's not as strict for Americans travelling to the US with a one way ticket or to provide ties to the US.

Anyways, the K1 visa is more expensive, but it is slightly faster, especially for you since you can go through the Vancouver consulate. The CR-1 visa will allow you more freedom to work once you move to the US, and save you the time adjusting your status, but you could be waiting longer in Canada to get the visa. If you are okay with waiting an additional 3-5 months for the CR-1 to save some money and to be able to work right away, and are okay with being apart while married, then I'd probably go for the CR-1.

I personally, wanted to go the K1 route, despite it being a bit more expensive and not being able to work right away. I didn't want to be married and living apart.

Your fiance can travel to Canada and get married no problem. You'll just need the marriage license from whatever city you get married in and all cities have different rules on when you can go get one and how long you have to wait to get married, so just look into that.

Good luck.

[zyggy 9]

Yeah, the Canadians don't have the whole immigrant intent thing at least with Americans. They have no problem with you marrying in Canada and then staying and applying for permanent residency within Canada.

[bigbigblake 2]

I don't believe the whole "its easier to get into Canada" routine.

The first time I went to visit my future wife I got pulled into secondary and questioned for a long time. They gave me an entry visa and told me I had to be out of the country in 14 days.

[Inky 1,111]

I don't believe the whole "its easier to get into Canada" routine.

The first time I went to visit my future wife I got pulled into secondary and questioned for a long time. They gave me an entry visa and told me I had to be out of the country in 14 days.

More or less the same thing happened to my guy when he first came to visit as my boyfriend AND hes US active duty military. They still treated him like a piece of garbage, put him in secondary, yelled at him and told him he cant stay. Then they left him in the room alone. They came back and told him he can only stay for one week, gave him his stuff back and let him go to meet me. He never wanted to come back to Canada again after that.

[zyggy 9]

More or less the same thing happened to my guy when he first came to visit as my boyfriend AND hes US active duty military. They still treated him like a piece of garbage, put him in secondary, yelled at him and told him he cant stay. Then they left him in the room alone. They came back and told him he can only stay for one week, gave him his stuff back and let him go to meet me. He never wanted to come back to Canada again after that.

There's a difference between, I'm going to see my boyfriend and I'm entering to marry my fiancee. Since Canada doesn't have a fiancee visa, there are two routes. 1) You can get married outside of Canada and apply for a permanent residence visa or you can get married in Canada and apply for permanent residency inside Canada. I have helped people do both with success. Since a lot of countries don't necessarily allow some types of marriages, they are somewhat open in allowing entry for a marriage.