Questions About Immigration/Marriage/Citizenships

[yutsoku 1]

Okay, I have a girlfriend/fiance and we are looking into getting married. She is a Canadian Citizen and I am a US Citizen. I am unable to enter Canada because of a past police record, all we want to do is to live together, or at least 'be together' while waiting to get married.

Also Noted: I plan on moving to Canada and becoming a citizen there. It is not crucial for her to become an American Citizen. We just want to be together while we wait for my Criminal Rehabilitation papers to go through.

So I guess my questions are as followed:

1. What is the best rout for us to get married and stay together at the same time?
   
2. Is Canada considered 'overseas' if applying for a K3?
   
3. Is it possible to stay together and return to Canada for the K1 Interview?
   
4. Would we be able to stay together if we got married then petitioned it Via I-30?
   
5. Would it be easier if we stayed together while she was becomming a us resident then got married?
   

Also a couple other questions...

1. Why can't your fiance stay in America with you for the 6 month term on the passport while waiting?
   
2. What would happen if my fiance tried to cross the border while the K1 is processing?
   
3. Is there an easier rout to take if she does not want to become a permanent resident?
   
4. Does she have to apply for a green card after we get our marriage certificate?
   
5. Are there any rules against me moving to Canada after we get married?
   

I'm sorry for all of these questions. We have been together for quite sometime with frequent short visits and frankly we are sick of doing paperwork and just want to be together.

Also sorry if this is the wrong forum, I really don't know where to ask all these questions.

Edited August 19, 2011 by yutsoku

[JoannaV 174]

So. To make sure I am understanding everything right. You and your girlfriend wish to live in Canada. But it will be a while until you are legally able to live in, or even visit, Canada. So you wish to live together in the US in the meantime. (Do you know how long it will take to get your criminal rehabilitation papers?)

Citizenship is irrelevant here, unless your girlfriend is still living in the US in, like, 2015, in which case she will be eligible for US citizenship and so may consider getting it just so that you guys will always have the option to live in the US. But that's a discussion for then, not now :-) (So yeah it probably is the wrong forum lol, hopefully someone can move it.)

You guys will have to apply for either K1 or CR-1. (Fiance or spouse.) (The K3 really isn't likely to be necessary/useful in your case.) In your situation the CR-1 would probably be the cheaper choice, but up to you.

With the K1 you apply, and then after she gets her visa she moves to the US and you guys get married and then apply for her green card. For the CR-1 you guys get married (when she is visiting you in the US), then you apply and once she gets her visa she moves to the US and immediately has a green card.

Both these visa applications involve you living in the US and her living in Canada. However, she is free to visit you at any time and can indeed stay as long as is legal. So, if she does not need to work, then she could indeed manage to be with you most of the time whilst waiting.

If you went the K1 route, then once she moves to America with her visa you would have 90 days to marry. After that she would need to adjust status to get her green card. Ideally this is done as soon as possible. However, technically you can wait to adjust status. Means she can't work or anything, nor travel back to Canada, plus could be bothersome if somehow she runs into a policeman one night, but technically you do not need to apply straight away for the green card.

After she has her green card, there is nothing stopping you both moving to Canada once you are able. She will not be able to keep her green card if you move there permanently, but it will have served its purpose of bringing you two together whilst you waited :-)

Is your girlfriend currently in the US with you? If so it may be possible to marry and adjust status now whilst she is still here, but it depends.

And just checking: I assume your criminal history is not such that it would prevent you from petitioning your girlfriend to live here? Certain sexual crimes prevent you from petitioning.

[yutsoku 1]

So. To make sure I am understanding everything right. You and your girlfriend wish to live in Canada. But it will be a while until you are legally able to live in, or even visit, Canada. So you wish to live together in the US in the meantime. (Do you know how long it will take to get your criminal rehabilitation papers?)

Citizenship is irrelevant here, unless your girlfriend is still living in the US in, like, 2015, in which case she will be eligible for US citizenship and so may consider getting it just so that you guys will always have the option to live in the US. But that's a discussion for then, not now :-) (So yeah it probably is the wrong forum lol, hopefully someone can move it.)

You guys will have to apply for either K1 or CR-1. (Fiance or spouse.) (The K3 really isn't likely to be necessary/useful in your case.) In your situation the CR-1 would probably be the cheaper choice, but up to you.

With the K1 you apply, and then after she gets her visa she moves to the US and you guys get married and then apply for her green card. For the CR-1 you guys get married (when she is visiting you in the US), then you apply and once she gets her visa she moves to the US and immediately has a green card.

Both these visa applications involve you living in the US and her living in Canada. However, she is free to visit you at any time and can indeed stay as long as is legal. So, if she does not need to work, then she could indeed manage to be with you most of the time whilst waiting.

If you went the K1 route, then once she moves to America with her visa you would have 90 days to marry. After that she would need to adjust status to get her green card. Ideally this is done as soon as possible. However, technically you can wait to adjust status. Means she can't work or anything, nor travel back to Canada, plus could be bothersome if somehow she runs into a policeman one night, but technically you do not need to apply straight away for the green card.

After she has her green card, there is nothing stopping you both moving to Canada once you are able. She will not be able to keep her green card if you move there permanently, but it will have served its purpose of bringing you two together whilst you waited :-)

Is your girlfriend currently in the US with you? If so it may be possible to marry and adjust status now whilst she is still here, but it depends.

And just checking: I assume your criminal history is not such that it would prevent you from petitioning your girlfriend to live here? Certain sexual crimes prevent you from petitioning.

My girlfriend/fiance is not living here at the moment, but we do wish to live together ASAP. I was reading that it is technically illegal for her to come and visit me when she crosses the border... because saying she's here just for vacation or whatever is immigration fraud right? Or as long as she shows she plans to go back to Canada, they will let her come visit me still, being honest at the border?

Also for my criminal record, I was arrested for a petty theft in 2004. So I don't really think that it will be any sort of issue... also I don't think the rehabilitation papers will be an issue either, seeing how it was a petty theft from 7 years ago. The time left on the criminal rehabilitation is between 11-17 months... So it's still some time out.

Also, when we do get married in America, will that carry over to Canada as well and make the immigration process easier for me when I go there, seeing how we are legally married in the USA?

Edited August 19, 2011 by yutsoku

[Penguin_ie 5,993]

***** Moving from US citizenship to General Immigration forum *****

- What is the best rout for us to get married and stay together at the same time?

I would suggest you do nothing US immigration wise. You say your criminal case will take 11-17 months, aand for her to immigrate to the US legally will take almost as long, plus fees an d hassle. She can come to the US and getr married to you, but she cannot stay past the allowed time for Canadians, usually 6 months/ year.

- Is Canada considered 'overseas' if applying for a K3?

Yes

- Is it possible to stay together and return to Canada for the K1 Interview?

Part of the time (she can visit with you for 6 months; K1 process will take longer than that)

- Would we be able to stay together if we got married then petitioned it Via I-30?

Part of the time (she can visit with you for 6 months; CR-1 process will take longer than that)

- Would it be easier if we stayed together while she was becomming a us resident then got married?

How would she become a US resident if not through you with a K1 or CR-1?

- Why can't your fiance stay in America with you for the 6 month term on the passport while waiting?

She can. She may be required to show ties to Canada at the border crossing (ie proof she isn't immigrating at that time), though it's unlikely.

- What would happen if my fiance tried to cross the border while the K1 is processing?

They will probably let her in without issues.

- Is there an easier rout to take if she does not want to become a permanent resident?

See my first answer.

- Does she have to apply for a green card after we get our marriage certificate?

If you go for the K1 yes- it is called Adjustment of Status.

- Are there any rules against me moving to Canada after we get married?

You'd need to apply for a Canadian visa.

[JoannaV 174]

If you did decide to live in the US for a while, the K1 looks like the faster route right now. But it can change from month to month. 9 months from today she could be living here...which might be worth it if your rehabilitation stuff takes 17+ months. But probably not be worth the hassle, as she can visit you now anyway.

I would assume it will be easier if you guys get married before immigrating to Canada. I don't know anything about Canadian immigration, but that would be what I would assume. You can get married in America any time, just so long as she doesn't intend on then staying in America.

Yes she should always be totally honest when crossing the border. Often she may not need to offer any information: plenty of people just give their reason for visiting as "pleasure" and leave it at that. (As in, if you take that question to mean business or pleasure.) If asked for more details then indeed she may have to say that she is visiting her husband or whatnot. In which case they may want to see evidence of her ties to Canada.

[yutsoku 1]

If you did decide to live in the US for a while, the K1 looks like the faster route right now. But it can change from month to month. 9 months from today she could be living here...which might be worth it if your rehabilitation stuff takes 17+ months. But probably not be worth the hassle, as she can visit you now anyway.

I would assume it will be easier if you guys get married before immigrating to Canada. I don't know anything about Canadian immigration, but that would be what I would assume. You can get married in America any time, just so long as she doesn't intend on then staying in America.

Yes she should always be totally honest when crossing the border. Often she may not need to offer any information: plenty of people just give their reason for visiting as "pleasure" and leave it at that. (As in, if you take that question to mean business or pleasure.) If asked for more details then indeed she may have to say that she is visiting her husband or whatnot. In which case they may want to see evidence of her ties to Canada.

So if that's the case, do we even need the visa to get married and get the certificate? Or is the visa only useful if she was planning on living here?

Also another question, Say we do get married here, once we are married and say we go to France, are we married in France also? Or do we have to re-apply for a certificate in which ever country we go to? In other words, is a marriage certificate legal worldwide or just for said country?

[Penguin_ie 5,993]

You do not need a visa to get married in the USA- plenty of foreigners get married in Vegas, for example! You only need a US immigration visa if she wants to immigrate, ie live here (the 6 months she gets as a Canadian without a visa is considered a visit, not "residing"). In the other thread, your partner says you may not move immediately after your criminal stuff is sorted; in that case, I would recommend a CR-1 spousal visa. It takes only about a month longer than the K1, ia cheaper and means she has a greencard immediately upon entry to the US (important for work, travel back to Canada). You can get married asap in the USA or Canada, and apply as soon as you have the marriage certificate. She can stay with you for 6 months, then go back to Canada and wait the rest of the visa process. The best thing to do after she gets the visa would be for her to reside with you in the USA for 3 years, then apply for naturalisation. Once she is a US citizen, she can come and go as she pleases (while on a greencard, she must spend the majority of the year in the USA or risk loosing it).

A marriage certificate is legal in all countries (with some exceptions such as proxy or same sex weddings, but those don't apply to you). You can get married in Canada, the USA, France or a tropical island and it will be accepted for immigration and legal purposes in Canada, France and the USA.

[yutsoku 1]

So in theory she could come here for 6 months and stay with me and we could just get married like that, and just wait for the rehabilitation papers to go through, and we could have a marriage certificate? Also, say she came here for 6 months on her passport and went back to Canada and planned to come back again shortly after, what is the wait time before she can come back to America after the initial 6 months?

[Penguin_ie 5,993]

Yes, she could do as you say.

In general, foreigners are supposed to reside abroad and only visit the USA; this means spending less than half of a rolling year in the USA. However, it is up to the border agent at the time of entry. For example if she stays 4 months the first time, then goes back to Canada for a week and comes back, she may be given another two months, or the border agent may give her another 6 months. Or they may be suspicious, especially if she comes with a giant car full of possessions, and not let her in at all (unlikely, but not impossible). As long as she does not lie, even a denial of entry will not affect the spousal visa process.

[yutsoku 1]

Yes, she could do as you say.

In general, foreigners are supposed to reside abroad and only visit the USA; this means spending less than half of a rolling year in the USA. However, it is up to the border agent at the time of entry. For example if she stays 4 months the first time, then goes back to Canada for a week and comes back, she may be given another two months, or the border agent may give her another 6 months. Or they may be suspicious, especially if she comes with a giant car full of possessions, and not let her in at all (unlikely, but not impossible). As long as she does not lie, even a denial of entry will not affect the spousal visa process.

So lets see if I have this straight.

So for our situation we've been talking about getting the K1, She could stay here until her interview at the US Embassy, then she could go there for her interview, then return here after she gets the fiance visa accepted? And that would take around 3 months, so once she does that we have 3 more months to get married, and then we have to file for her SSN/Green Card. And if she wants to be a full dual citizen, she'd have to live in USA for 3 years on the green card(for the majority of the three years) or else it would be 'declined'(the citizenship). Then after that 3 years, I could move to Canada and do the full immigration process there and become a dual citizen as well. Sound about right?

[Penguin_ie 5,993]

So lets see if I have this straight.

So for our situation we've been talking about getting the K1, She could stay here until her interview at the US Embassy, then she could go there for her interview, then return here after she gets the fiance visa accepted? And that would take around 3 months, so once she does that we have 3 more months to get married, and then we have to file for her SSN/Green Card.

No I think you are confused. Both the K1 and the CR-1 take most of a year from initial filing to interview, especially as Canada is backlogged with giving interviews. She cannot stay with you until the interview for either, because she can only stay 6 months. You are really better off to get married first (in the USA or elsewhere, it does not matter), then applying for a spousal visa (CR-1), because with that, she gets a greencard as soon as she crosses the border with the visa, and thus can travel back and forth (such as to visit family). With the K1 visa she'd be stuck in the USA and unable to work for several months.

You got the second part (about citizenship) right.