Keeping my Canadian job

[Rose13 30]

I've not seen the topic so here goes:

I'm a Canadian resident. I'm getting my Canadian citizenship in 4 months. My fiance is an American who lives in the USA. I live in Windsor, ON and he lives in Detroit MI. We see each about three times a week and would like to get married in 2013. After reviewing the options I think that the best visa option is the K3, but here's the thing. I want to keep my job in Windsor. That would entail traveling back and forth from Detroit to Windsor 6 days a week. The trip takes about an hour without traffic. My question is, can I travel back and forth when the K3 is going through? Thanks so much guys!!!

[LadySarabi 0]

I've not seen the topic so here goes:

I'm a Canadian resident. I'm getting my Canadian citizenship in 4 months. My fiance is an American who lives in the USA. I live in Windsor, ON and he lives in Detroit MI. We see each about three times a week and would like to get married in 2013. After reviewing the options I think that the best visa option is the K3, but here's the thing. I want to keep my job in Windsor. That would entail traveling back and forth from Detroit to Windsor 6 days a week. The trip takes about an hour without traffic. My question is, can I travel back and forth when the K3 is going through? Thanks so much guys!!!

Hi,

i do not think you can file a K-3 because you're not married as yet but a K-1 is for fiancé.

Eligibility for K-3

U.S. citizens legally married to a foreign national may petition for a K-3 visa. Please see the Marriage Visa Comparison to see the difference between a K-3 and IR-1 / CR-1 Visa. A large percentage of applicants choose the IR-1 / CR-1 Visa over the K-3 Visa Option

Eligibility for K-1

U.S. citizens who will be getting married to a foreign national in the United States may petition for a fiancé(e) classification (K-1) for their fiancé(e). You and your fiancé(e) must be free to marry. This means that both of you are unmarried, or that any previous marriages have ended through divorce, annulment or death. You must also have met with your fiancé(e) in person within the last two years prior beginning the K-1 Visa petition process (filing the I-129F). This requirement can be waived only if meeting the non US Citizen's fiancé(e) in person would violate long-established customs, or if it would create extreme hardship on the US Citizen

I hope this helps and maybe someone else can answer about working back & forth...

[Rose13 30]

I know I can't file for a K3 without being married but we plan to get married and then file

[nickbits 43]

I think the CR1 would be a better option. You get a green card right away. You have to adjust status from a K3 and there is a period of time you cannot cross.

[Rose13 30]

I think the CR1 would be a better option. You get a green card right away. You have to adjust status from a K3 and there is a period of time you cannot cross.

Won't the CR1 mean that I won't be able to re-enter the USA while the papers are going through?

[SapphireDreams 71]

The K3 is basically extinct in Canada.

You would need to get married and then file for the CR1 visa.

The K1 fiance visa would not work for you since that would not let you cross back over once you enter on the visa. The CR1 allows for reentry and you get the greencard as soon as you cross using it.

[pushbrk 13,033]

The K3 is basically extinct in Canada.

You would need to get married and then file for the CR1 visa.

The K1 fiance visa would not work for you since that would not let you cross back over once you enter on the visa. The CR1 allows for reentry and you get the greencard as soon as you cross using it.

K3 is extinct everywhere. If not for that, it would be perfect for you.

You don't move to or reside in the USA after marriage until you have the CR1 visa in hand. Once you do, commuting to your job in Windsor is no problem. During the process, there's no reason you can't continue to "visit" the USA but you'll need to maintain your "residence" in Canada until you have an immigrant visa. (CR1)

[Ryan H 3,819]

After reviewing the options I think that the best visa option is the K3,

As others have posted, the K3 visa is virtually unobtainable now. The petitions are tied together by USCIS and usually received by the NVC at the same time. Per NVC policy, the K3 path is administratively closed when they have an approved I-130 on station when an I-129F that was filed to start the K3 process is received.

[Rose13 30]

As others have posted, the K3 visa is virtually unobtainable now. The petitions are tied together by USCIS and usually received by the NVC at the same time. Per NVC policy, the K3 path is administratively closed when they have an approved I-130 on station when an I-129F that was filed to start the K3 process is received.

Thanks for the info. Can the paperwork be done without a lawyer? Thx.

[jaycali 415]

Thanks for the info. Can the paperwork be done without a lawyer? Thx.

Unless you want to waste a few grand on a lawyer, absolutely! As long as you have a clean criminal record and no negative immigration history, it's a fairly straightforward process, and everything you could possibly need you can find here on VJ.

Read the forums, and study the CR-1 guide here: http://www.visajourney.com/content/i130guide1

Don't hesitate to ask if you have questions!

[SapphireDreams 71]

Thanks for the info. Can the paperwork be done without a lawyer? Thx.

You can also visit the Canadian forum for all Canadian-specific questions. There are lots of knowledgable folks there.

[BlueBonnet 84]

Why file anything at all really ?

You can get married, anyone can marry anyone anywhere, so thats a non issue.

You are very lucky that you get to see each other so often.

If you want to stay working in Canada, and im thinking living too, so its easier to get to work, it makes sense that youre not going for a US residency.

Im not seeing any reason why youre looking at any type of immigration right now if you want to keep your job in Canada. As a Canadian, you have 6 months a year that you can spend in the USA, no visa required, and vise versa for your SO. what i would do, is apply to ... i cant think of the name, i think its nexxus ... and get him one too.

[pushbrk 13,033]

Why file anything at all really ?

You can get married, anyone can marry anyone anywhere, so thats a non issue.

You are very lucky that you get to see each other so often.

If you want to stay working in Canada, and im thinking living too, so its easier to get to work, it makes sense that youre not going for a US residency.

Im not seeing any reason why youre looking at any type of immigration right now if you want to keep your job in Canada. As a Canadian, you have 6 months a year that you can spend in the USA, no visa required, and vise versa for your SO. what i would do, is apply to ... i cant think of the name, i think its nexxus ... and get him one too.

Certainly a possibility but it only works if the couple intends to maintain two residences with all the associated expenses and responsibility that goes with that.

[Ontarkie 14,354]

Why file anything at all really ?

You can get married, anyone can marry anyone anywhere, so thats a non issue.

You are very lucky that you get to see each other so often.

If you want to stay working in Canada, and im thinking living too, so its easier to get to work, it makes sense that youre not going for a US residency.

Im not seeing any reason why youre looking at any type of immigration right now if you want to keep your job in Canada. As a Canadian, you have 6 months a year that you can spend in the USA, no visa required, and vise versa for your SO. what i would do, is apply to ... i cant think of the name, i think its nexxus ... and get him one too.

Someone that posted not to long ago that exact senerio. Guess what happend, they where told to stop doing that and pick a country to live in.

Edited May 24, 2012 by Ontarkie

[BlueBonnet 84]

Someone that posted not to long ago that exact senerio. Guess what happend, they where told to stop doing that and pick a country to live in.

but you do, you live and work in Canada, and visit the USA. No laws against that. Alot of people have homes in multiple countries. Ive met Americans who spend 6 months in the USA and have another home in Mexico where they spend 6 months. Why would what 1 person says dicate your life decisions ? I have a friend right now heading to his home country for 5 months . . . so Im not seeing how your above answer is really applicable