US Citizen Marrying A Canadian Citizen + Immigration

[Willho 0]

You guys have all been extremely helpful, and I'd like you all to know that the information has been absolutely amazing.. I'm really grateful for all of the advice, and from the look of things, I believe we're ready to take a shot at this and get the process started. I've got some more questions, and I'm not gonna lie: I am still really, really confused about sponsorship and when it comes into play, but I'll ask about that in a bit. So, to start off.. We're not engaged, and we'd rather not go through anything to do with engagement. From what Pocheros said near the beginning of the thread, it looks like a CR-1 will be our best bet. This will obviously required getting married. Now, I've been married before, so I'm no stranger to the process (save for the fact that, with our limited time, it looks like we'll probably have to get the mayor to marry us and have a wedding later on down the road, not that either of us are complaining) of getting a marriage license; however, how different is it going to be? Let me see if I can lay it out, and you guys can poke holes in or throw additional information at my layout. It's filled with a lot of questions, too.. I'm sorry if any of you have had to reiterate several times.

My love is planning to visit, once again, for six weeks. This will be the first time that she's visiting without a return ticket. We ARE NOT married or engaged yet, and she also packs very, very light(one bag). The reason we got her a one-way ticket is because we planned on purchasing tickets to travel back to Canada together so that I could spend time with her and her family before I need to get to college in August. Is there any chance she'll get rejected since she only has a one way ticket? I've been worried about this, but she swears it's fine. She just plans to tell them she's visiting her best friend in Indiana and going there for tourism and plans to return with me in about a month or so. So, that's my first question.

Next. She will be staying 4-6 weeks. If I recall correctly, I think it was Inky who said that people often enter other countries and marry? The plan is basically for her to arrive, we go up to the courthouse and file for the marriage license, we wait on it (If I recall, back when I was first married, it took.. two weeks?), then we go through the process of having the mayor wed us. Now, this may be a stupid question, but I'd really like to do all of this in my hometown (I live in a city about an hour away).. This wouldn't cause any complications, would it? With people getting married on vacations and all of that, I assume it's no trouble at all, but will we run into any complications since my sweetheart is a Canadian? Inky made it sound pretty simple, so I was just curious as to whether or not it really was that simple. Still on that topic, if it is pretty basic, then what all will we need to take to the courthouse so that we can be married(Mostly, what is my Canadian sweetie going to need to bring from home? Birth certificate, SIN, etc)?

I'm not gonna dive back into the CR1 yet, since it's a little ways down the road, but I have some quick questions: Once we're married and she goes back to Canada, that's when I file for.. the I-130? Not to sound completely oblivious here or anything(definitely am, despite the very clear answers I've been given, that's my bad), but .. once I file for the I-130, then what happens? Also, back to sponsorship! How soon will I need someone to be able to sponsor my honey? I take it that that's on the form? I have family that's willing to die for my honey, so getting one of them to sign (my mom has already agreed to do so without hesitation, but she's in the process of finding a job, though she should have one within the next month or so I'd say) isn't going to be a problem. I've looked at the guides several times over, I'm just looking for a lot of clarification, I suppose.. This is the route we're looking to take, summarized:

-She visits during June and July

-We get married while she is here

-I file for the I-130 when she goes back

-She plans to spend pretty much the entire process in Canada, with attempted visits(we'll try our hardest, but if DOES get declined, how soon can she attempt to cross the border again?)

-What's the interview process she will end up having to go through, and what exactly does she need to know? She definitely knows everything there is to know about me, and she's extremely tight with my family. They're willing to do anything and everything to help and make this happen.

-Meanwhile, during this process, she's going to be finishing up a degree that she really has no interest in doing, but it's the only way she can get HER family to support her.

FINALLY: Once we're married, what effect will this have on our lives? Aside from our marital status changing, what else is going to change? (I mean, legally.. taxes, etc) Since we won't be living together, is much going to be affected, or does that not really start until we live together?

[pocheros 101]

1. Again this is up to the individual border patrol officer. Since she is merely visiting a "friend", not her "spouse" I would guess the officer will be easier on her since if you were her spouse she'd have more of a reason to illegally immigrate 4-6 weeks isn't prohibitively long. I suggest that in case the officer asks for it she bring some evidence of ties, for example a letter from her employer (does she work?). Also if it's not too expensive she should invest in a refundable ticket.

She does not have to state her intentions to marry at the border- unless, of course, she had a wedding dress in her luggage. When I visited I referred to my partner as my boyfriend- I would just feel too awkward saying "friend" or "best friend" and didn't want to "sound" like a liar. Though friend isn't technically incorrect be aware that she may be asked further questions about it. (I was asked lots of questions about my boyfriend, but they were basic stuff like "where does he work," etc.)

2. Nope, you'll be fine. Foreigners marry all the time. It's just as simple as any two americans getting married. Just look up the marriage license requirements for your state since it varies throughout the country and make sure she brings the correct documentation. I think I just needed a few pieces of ID for mine, but I got married in Las Vegas which is the easiest place in America to get married. The form may ask for her SSN but rest assured it is not required to get married since she obviously won't have one.

3. Yes, you file for the I-130. You can even work on it with your partner while she's visiting and mail it off while she's there. I recommend doing this since the forms ask for a lot of information about both of you.

Here is a step by step guide for CR1 visas: http://www.visajourney.com/content/i130guide1 Please check out the guides at the top left hand side of VJ, they are very useful.

I did not get a CR1 visa myself so I am only going by what is posted here- I may be wrong. It seems like the steps basically go like this:

1. get married and obtain marriage certificate (different from license)

2. Fill out I-130 and mail it to USCIS. This is the part that takes the longest. In a couple weeks you'll receive a NOA1 which is basically a receipt stating that they received your package. Then your petition will sit around at USCIS for 4-6 months. When they have finally reviewed your package, if it's approved they will send you a NOA2. NOA1 and NOA2 are important documents- do not lose them.

3. When USCIS is done they forward your petition to NVC or National Visa Center. NVC will then ask for the I-864 (sponsorship forms) in addition to some other things. I'm not really clear about this part of the process. If this page is correct then you have about 5-6 months before you need to start worrying about sponsorship.

4. NVC forwards your petition to Montreal. Montreal schedules a interview for your partner. You partner goes to the interview, gets asked a few questions and then is approved. Note: The american is not required to attend the interview.

5. Montreal keeps your partner's passport for a few business days. Montreal then glues her visa into her passport and mails it back to her.

6. Your partner receives her passport and is able to finally cross the border and start living with you. Yay!

This is a very, very barebones outline. If you don't have a printer I recommend you get one as all the forms you need for the process are found online. You can start by looking at the I-130 on the USCIS website. USCIS also includes instructions for each form online. Print out the instructions and read them very carefully. Make checklists for everything it asks for and cross it off as you go.

She plans to spend pretty much the entire process in Canada, with attempted visits(we'll try our hardest, but if DOES get declined, how soon can she attempt to cross the border again?)

Again, up to the border officer. Sometimes they'll tell you not to try crossing the border again till X date, sometimes they don't say anything and you can successfully cross the border the very next day, sometimes they don't say anything and people have trouble crossing the border for the next three months.

Aside from our marital status changing, what else is going to change? (I mean, legally.. taxes, etc)

If you want to be taxed less you should inform your employer of your marital status. Not sure what else would change...

-What's the interview process she will end up having to go through, and what exactly does she need to know? She definitely knows everything there is to know about me, and she's extremely tight with my family. They're willing to do anything and everything to help and make this happen.

The interview is the easiest step of the process. They usually ask very basic questions- when did you get married, how do you meet, what does your spouse do for a living, when was your spouse born, etc. There is a link at the top of VJ that says Reviews, you can read about people's individual experiences in Montreal there.

Edited May 30, 2012 by pocheros

[Willho 0]

(: Your post hit all of the right spots, Pocheros. I really appreciate your response, along with all of the other posts so far. I'm sure I'll come back with more questions in time, but for now, it looks like I have everything I need.. I also checked out your link.. and wow, it's pretty intimidating.. I'm just hoping the sponsorship part goes okay.. I'm really, really terrified of rejection, and I'm even more terrified of how much money I might end up losing if my sweetheart DOES get rejected.. What it's going to cost, at least to me, is not easy money to come by, but we're hoping that her family plans to chip in as well. Once my sweetheart gets here, and after we're married, we'll start filling out the paperwork, and I have no doubts that I'll have a lot more questions, but in the mean time.. I have a lot of time to do more research as well.. Thanks again, all of you. Your advice means the world to me.

[BlueBonnet 84]

I didnt see this mentioned either.

In Canada, there are only 2 places to interview.

One is Vancouver the other is Montreal.

Vancouver ONLY processes K1, but its also geographical, they only take from Man - BC

Montreal will process both K1 and CR1, for K1 they do from Ontario -> east, for the CR1 they cover ALL of Canada.

So the waiting times are backed up. I went to Vancouver for my K1, and from Pkg 3 - pkg 4 was 3 weeks. In Montreal pkg 3 - pkg 4 can take 6 months. So you definetley need to take that into consideration too.

[Willho 0]

Look, I'm back already with another quick question or two.

Note: Evidence of a Bonifide Marriage

I need some tips on what all we can include, because the only ones that apply would be:

5. Affidavits sworn to or affirmed by third parties havingpersonal knowledge of the bona fides of the maritalrelationship (Each affidavit must contain the full nameand address, date and place of birth of the person makingthe affidavit, his or her relationship to the petitioner ofbeneficiary, if any, and complete information and detailsexplaining how the person acquired his or herknowledge of your marriage); or

6. Any other relevant documentation to establish that thereis an ongoing marital union.

The I-864 is the Affidavit of Support:

I already know I won't be able to meet the requirements, so I'm inquiring about a joint sponsor.. it says they need to make over the poverty line, yadda yadda.. My mother has worked pretty much all of her life, but she got laid off a few years back. Using her severance package, her husband's support, and unemployment, she was able to go through college and graduate. So, she hasn't been working, obviously.. Now, if she gets a job and starts working, would she need to work there for a certain amount of time before she could be used as a joint sponsor, or does she just need to prove that her wages would net her the required amount of money? Sad to say, the majority of my family does not make enough to be considered as a joint sponsor, and one of the only people who could is obsessed with conspiracy theories and hates the government, so signing a legally binding contract is kind of a huge no.

Big edit:

Also a huge question that could change everything.. What if, instead of getting her residency here, we were to get married, and I was to attempt to become a Canadian resident. Is it at all easier? The deciding factor in all of this is what's easier, and what's going to actually allow us to be together. We're both completely willing to move. All that matters is being together. How different is the process if I wish to become a Canadian citizen rather than my honey becoming a U.S. citizen?

Edited May 30, 2012 by Willho

[pocheros 101]

(: Your post hit all of the right spots, Pocheros. I really appreciate your response, along with all of the other posts so far. I'm sure I'll come back with more questions in time, but for now, it looks like I have everything I need.. I also checked out your link.. and wow, it's pretty intimidating.. I'm just hoping the sponsorship part goes okay.. I'm really, really terrified of rejection, and I'm even more terrified of how much money I might end up losing if my sweetheart DOES get rejected.. What it's going to cost, at least to me, is not easy money to come by, but we're hoping that her family plans to chip in as well. Once my sweetheart gets here, and after we're married, we'll start filling out the paperwork, and I have no doubts that I'll have a lot more questions, but in the mean time.. I have a lot of time to do more research as well.. Thanks again, all of you. Your advice means the world to me.

You're welcome The process always starts out very intimidating, what with all the information to read and paperwork to fill out. But just to reassure you it is very, very rare for a Canadian to get outright rejected. Usually if you miss something in your paperwork they send you a Request For Evidence or RFE- so it's simply solved just by mailing in whatever it is they ask for. RFEs can happen at any point in the process but it's no reason to be intimidated. It just makes things a little slower.

Lots of VJers have you used co-sponsors before- if you have someone who's willing and meets the income requirements you're good to go. The sponsorship form IS one of the most important pieces of paperwork but it's very straightforward.

Anyways, just rest assured that there's a 99% chance you won't be rejected. Rejection happens to people who don't do their research or commit fraud. The road can be very bumpy, for others it's smooth, but there's a light at the end of the tunnel.

[pocheros 101]

Big edit:

Also a huge question that could change everything.. What if, instead of getting her residency here, we were to get married, and I was to attempt to become a Canadian resident. Is it at all easier? The deciding factor in all of this is what's easier, and what's going to actually allow us to be together. We're both completely willing to move. All that matters is being together. How different is the process if I wish to become a Canadian citizen rather than my honey becoming a U.S. citizen?

Just addressing this one thing before I go run to do my errands: Yes, it is easier for you to move to Canada. There is still an immigration process involved, of course, and I am not terribly familiar with it, but the impression I get is that it is a bit easier.

Visa journey addresses moving to the US. Check out http://www.roadtocanada.com/forums/index.php to go to canada.

I think- I AM NOT SURE- I read somewhere that you do not need to meet an income guideline to bring a spouse to Canada. So that's worth looking into if that's a problem, although it is possible for you to bring your partner to America if your mother takes a job that would net her the income requirements or you have a friend (co-sponsor doesn't have to be a relative) who could help out. (will write more on this later, or hopefully another VJer will come alone and address this concern, as i am not to educated on the I-864)

It's still a lengthy process to get a visa to move to canada but is completely doable and less of a headache than moving to the US. Citizenship occurs after you have been a PR of Canada for some time, just like in the US, although I am not sure how long you have to be a PR of Canada to qualify. Naturally you will have to consider the many advantages and disadvantages of living in Canada vs. the US. Both are options.

[dukeandduchess 141]

My love is planning to visit, once again, for six weeks. This will be the first time that she's visiting without a return ticket. We ARE NOT married or engaged yet, and she also packs very, very light(one bag). The reason we got her a one-way ticket is because we planned on purchasing tickets to travel back to Canada together so that I could spend time with her and her family before I need to get to college in August. Is there any chance she'll get rejected since she only has a one way ticket? I've been worried about this, but she swears it's fine. She just plans to tell them she's visiting her best friend in Indiana and going there for tourism and plans to return with me in about a month or so. So, that's my first question.

NEVERRRRRR lie or misrepresent ANYTHING to a border officer. Your partner needs to tell the TRUTH about her visit. What has she been saying on other trips? She needs to say "I am going to visit my boyfriend." If she says she's going to visit a friend that is a lie. It makes your life a million times more difficult when you tell the truth, but it's much better than getting banned or turned away at the border. The best thing to do is arm yourself by bringing proof of ties to Canada. Each time I went to visit my boyfriend/fiance I always told them that was what I was doing. Each time I brought: a bank statement, letter from my employer stating I was on vacation, a copy of my lease, and a return ticket. I learned the hard way that you "have no right to enter the US, since you're not an American citizen" (yes, they actually said this). I was interrogated, pulled aside into a tiny room, and asked a BILLION questions (this was before I even met my husband!!!). It may be uncomfortable for us, but they are doing their job. So, a return ticket is a good idea but it is not necessary as long as she can prove she can pay for a return ticket home and is planning to return to Canada.

This wouldn't cause any complications, would it? With people getting married on vacations and all of that, I assume it's no trouble at all, but will we run into any complications since my sweetheart is a Canadian? Inky made it sound pretty simple, so I was just curious as to whether or not it really was that simple. Still on that topic, if it is pretty basic, then what all will we need to take to the courthouse so that we can be married(Mostly, what is my Canadian sweetie going to need to bring from home? Birth certificate, SIN, etc)?

You can get married however you want, whenever you want, as long as you are both free to marry. What you need to get married depends on your state/county. You will need to look that up on your own. Just google it or phone your local Registrar's office. All I needed was my passport (government issued picture ID) but that was in California.

How soon will I need someone to be able to sponsor my honey? I take it that that's on the form?

According to the CR-1 guide on Visajourney (please read! http://www.visajourney.com/content/i130guide1), you need the I-864 for the interview (which is after the initial petition is approved). So probably in 6 months after you file your I-130. I could be wrong because I am not completely familiar with the ins and outs of a CR-1 visa.

-She visits during June and July

-We get married while she is here

-I file for the I-130 when she goes back

-She plans to spend pretty much the entire process in Canada, with attempted visits(we'll try our hardest, but if DOES get declined, how soon can she attempt to cross the border again?)

They will probably tell you, but I don't think there would be much point unless she had more proof-of-ties to Canada. I never did a CR-1 visa so I can't answer the question about the interview but the interview is trying to make sure you have a real marriage.

FINALLY: Once we're married, what effect will this have on our lives? Aside from our marital status changing, what else is going to change? (I mean, legally.. taxes, etc) Since we won't be living together, is much going to be affected, or does that not really start until we live together?

It really only changes once you start living together. You can change your status to married if you want (my husband did that at work so they take less taxes off because he is supporting me [not eligible to work yet]). I believe you can file taxes as Married, filing separately but that is something you can search for on VJ because it is asked every year around tax time.

[dukeandduchess 141]

would she need to work there for a certain amount of time before she could be used as a joint sponsor, or does she just need to prove that her wages would net her the required amount of money?

You need to look at it from the government's point of view. They want to be CERTAIN that your spouse will not leech from the system. They don't know you or your spouse, nor do they really care. They just want to know that if your spouse leeches from the system they can hold someone accountable. That someone needs to be making enough money TO BE ACCOUNTABLE. So yeah, it looks better if they have been working a steady job for a few years. Your mother would probably be fine though since she worked most of her life and paid her taxes. They do know life happens. Worst case scenario they would issue you a RFE (Request for Evidence) and make you get a different sponsor if she wasn't making enough money.

This really isn't my business, but are you sure you are ready to get married and go through all of this legal stuff? Sounds like you are both in school at the moment and both of you rely on family to support you. My husband and I did the same, but didn't start our paperwork until I was finished school and he was really close to finishing school. I busted my butt for an entire year (almost 2) working and saving money before we filed BECAUSE this is expensive and BECAUSE my husband was in school. I lived in Vancouver (expensive) and still managed to scrimp and save close to 10k before I moved here. I only have about 6k left (been here since February) and I've only paid for the wedding/visa stuff/Groceries as well as a few random purchases. Please don't take this as being judgmental, I just want you to know (from someone who has gone through this) that it is a long, stressful, and expensive process. You're worried about a co-sponsor but you need to be worried about how you will support yourself and your wife once she moves. I refused to move until my husband got a good full-time job. I didn't want to give up my decent paying job to come down here when he was working part-time. I wanted to be with him but I also want to be financially able to support myself. I almost didn't move because he was slow to get a job, but in the end it all worked out and he got a job that can support us both. That said, you haven't said much about your plans (nor is it my business), I'm just concerned for you, that's all.

Big edit:

Also a huge question that could change everything.. What if, instead of getting her residency here, we were to get married, and I was to attempt to become a Canadian resident. Is it at all easier? The deciding factor in all of this is what's easier, and what's going to actually allow us to be together. We're both completely willing to move. All that matters is being together. How different is the process if I wish to become a Canadian citizen rather than my honey becoming a U.S. citizen?

Most people here don't know too much about that. I believe one member (Colleens [?]) recently moved back to Canada with her American husband so she may be able to provide more information. However, from the research I did when we were still considering our options...

It takes a longer time to become a Canadian resident (I believe processing was something like 20 months!). That said, I believe you can live in Canada while it is processing (but you wouldn't be able to work). You would still need to prove that she can financially support you or find a sponsor. So really it's the same thing. I believe www.roadtocanada.com (?) is the website that would have more information for you.

I must stress again: weigh your options, read everything, and make sure you are READY (financially/emotionally) to go through with all of this. It is tough. Is it worth it? Of course.

[alizon 77]

-What's the interview process she will end up having to go through, and what exactly does she need to know? She definitely knows everything there is to know about me, and she's extremely tight with my family. They're willing to do anything and everything to help and make this happen.

FINALLY: Once we're married, what effect will this have on our lives? Aside from our marital status changing, what else is going to change? (I mean, legally.. taxes, etc) Since we won't be living together, is much going to be affected, or does that not really start until we live together?

The interview is quite straightforward. They'll make sure they have all the original documents that they need (medical, birth certificate, marriage certificate, police clearance, etc.), check to make sure you have met the sponsorship obligation (either by yourself or with a cosponsor), and then ask some basic questions about how you met, what she plans to do in the US, etc. Our interview was barely 10 minutes.

As for taxes, you are going to have to file as married here in the US, even if you aren't living together. In order to file jointly (to get the biggest return), you will have to get her an ITIN (individual taxpayer identification number, I think), then apply to exclude all of her foreign income from your taxes.

3. When USCIS is done they forward your petition to NVC or National Visa Center. NVC will then ask for the I-864 (sponsorship forms) in addition to some other things. I'm not really clear about this part of the process. If this page is correct then you have about 5-6 months before you need to start worrying about sponsorship.

4. NVC forwards your petition to Montreal. Montreal schedules a interview for your partner. You partner goes to the interview, gets asked a few questions and then is approved. Note: The american is not required to attend the interview.

You have 5-6 months after filing your I-130 to worry about sponsorship, but once the I-130 has been approved, things can move pretty quickly. There is no necessary 5-6 month wait once you're at the NVC. You have the option of delaying your petition at this stage up to a year, but if you have your paperwork in order, you can get through the NVC in a matter of weeks, especially because you'll be submitting electronic forms and emailing scans of your original documents. All that can wait for now though: plenty of time to figure it out while you're waiting for your NOA2.

Just one more little nit-pick: NVC holds on to your file until the interview is scheduled. It is sent to Montreal after you receive package 4 (the interview date letter), which lately has not been taking six months, more like a few weeks to a month to get your interview date, which will be another month or two from the time you are notified.

I need some tips on what all we can include, because the only ones that apply would be:

5. Affidavits sworn to or affirmed by third parties havingpersonal knowledge of the bona fides of the maritalrelationship (Each affidavit must contain the full nameand address, date and place of birth of the person makingthe affidavit, his or her relationship to the petitioner ofbeneficiary, if any, and complete information and detailsexplaining how the person acquired his or herknowledge of your marriage); or

6. Any other relevant documentation to establish that thereis an ongoing marital union.

Emails, photos, evidence of having visited each other (plane tickets, hotel receipts), phone records, text records, gift receipts. You don't have to send them every piece of communication you've ever had, just a sample that shows sustained communication over a period of time. We sent summary pages that showed months of texts exchanged without showing the actual content of those texts.

How different is the process if I wish to become a Canadian citizen rather than my honey becoming a U.S. citizen?

Remember that neither of you is becoming a citizen at this point, just a permanent resident. Citizenship is years away.

Edited May 31, 2012 by alizon

[Willho 0]

We sent summary pages that showed months of texts exchanged without showing the actual content of those texts.

This would be absolutely AMAZING. Do you know how to go about this?

[alizon 77]

This would be absolutely AMAZING. Do you know how to go about this?

Well, we were using google voice to text each other because it's free to text from the US to Canada, and it keeps a record of all your texts, so I just took screen shots of all that. Maybe your phone bill shows something similar?

[Willho 0]

Well, we were using google voice to text each other because it's free to text from the US to Canada, and it keeps a record of all your texts, so I just took screen shots of all that. Maybe your phone bill shows something similar?

I'll look into that!!!! Thank you SO much for the suggestion!!!

[alizon 77]

I'll look into that!!!! Thank you SO much for the suggestion!!!

No problem, here to help!

[pocheros 101]

I didnt see this mentioned either.

In Canada, there are only 2 places to interview.

One is Vancouver the other is Montreal.

Vancouver ONLY processes K1, but its also geographical, they only take from Man - BC

Montreal will process both K1 and CR1, for K1 they do from Ontario -> east, for the CR1 they cover ALL of Canada.

So the waiting times are backed up. I went to Vancouver for my K1, and from Pkg 3 - pkg 4 was 3 weeks. In Montreal pkg 3 - pkg 4 can take 6 months. So you definetley need to take that into consideration too.

I did mention this in one of my earlier posts. Packet 3 and 4 DO NOT take 6 months in Montreal! They take about 4-6 weeks. I got a K1 from Montreal last year and it only took 8 months from start to finish.

Alizon: thanks for the clarification re: NVC and interview scheduling.