Should We Marry in the U.S. or Canada?

[Margotrita 0]

New to the forum and thrilled to have found this site! After receiving so much conflicting information from the less than helpful USCIS, customer service person, I thought there has to be a resource for other long distance couples.

I live in the U.S.; my fiance lives in Canada. We started the fiance visa (I-129) process and is taking months and we have received our second request for additional information. We are very frustrated waiting, and did not think this process would take as long as it has (we started in October 2011.) After consulting an immigration lawyer, here in the U.S., it sounds as if we should withdraw the I-129. Go ahead and get married. Apply for I-130 after we are married. My fiance and I realize we will be apart after marriage, but we are okay with that. We have been apart for a long time, so at least we would be married and hopefully, on our way to being able to live together. He has a good job in Canada and a home he will have to sell, so the time apart after marriage, he will be working and trying to sell his house.

My question is....Does it matter which country in which we marry? Does marrying here make it easier for the spouse visa process? Also, if we decided to marry in a country other than U.S. or Canada, would that be legally recognized in our home countries as a legal marriage?

Thank you in advance for any information. Our heads are spinning and we want to move forward with our lives!

[Anh map 2,098]

From what you are saying it sounds like you've made your mistakes and now have submitted all the required documentation. At this point stopping, marrying, and then filing for the spouse visa will take longer to arrive at the interview than simply keeping the fiance visa process rolling. Plus you will have to pay a new petition filing fee.

[canadian_wife 1,822]

Why did your lawyer suggest getting married?

Honestly, to do that would start from the beginning which doesn't make sense since you already seem frustrated by the length of this process and the spousal visa actually takes longer.

You are on the right path if you ask me. Sit tight, your NOA is around the corner

What were your RFE's for?

Good luck

[Margotrita 0]

Why did your lawyer suggest getting married?

Honestly, to do that would start from the beginning which doesn't make sense since you already seem frustrated by the length of this process and the spousal visa actually takes longer.

You are on the right path if you ask me. Sit tight, your NOA is around the corner

What were your RFE's for

Good luck

The lawyer suggested to get married, because the lawyer said fiancé would not be able to work in the US during that time with K1. He has such a good job that he really needs to work in Canada and not leave until he is employable here. If he stays in Canada while spouse visa is processing, once approved, he is able to legally work upon him moving here.

Maybe I have misunderstood, but I was under the impression he cannot work when he arrives with just a K1?

[Anh map 2,098]

The lawyer suggested to get married, because the lawyer said fiancé would not be able to work in the US during that time with K1. He has such a good job that he really needs to work in Canada and not leave until he is employable here. If he stays in Canada while spouse visa is processing, once approved, he is able to legally work upon him moving here.

Maybe I have misunderstood, but I was under the impression he cannot work when he arrives with just a K1?

You did not mention the need for him to be eligible for employment immediately. If so, then K1 is not what you want.

Withdraw the K1 petition and file the I-130 for the CR1 petition. http://www.visajourney.com/content/i130guide1

Marry asap wherever is easiest so that you can start that clock running.

[canadian_wife 1,822]

Since you did not mention the need to work, then yes, withdraw the K-1 and marry then file for the spousal visa.

Now, where to marry. If you marry in Canada, you'll want to see how long it will take to get the marriage certificate. We married in Ontario and it takes between 6 - 8 weeks to get the marriage certificate, so you cannot file until you have the marriage licence in hand

Good luck

PS - if you have a lawyer, why didn't he suggest this BEFORE You filed?

[Margotrita 0]

We did not/do not have a lawyer. After applying for the fiancé visa when we got engaged, we have had 2 requests for evidence. After the second request, we did a telephone consult with a lawyer, thinking there was a magic answer that just want obvious to us.

After describing to her our circumstances, needing to sell his house and work in Canada until he is employable in the U.S., she suggested getting changing our course.

We were quite naive to the process.

Thank you, everyone, for your imput!

[canadian_wife 1,822]

Out of curiosity, what were your RFEs for?

Good luck

[Margotrita 0]

Out of curiosity, what were your RFEs for?

Good luck

The first RFE was for proof that I was divorced and free to marry. Very frustrating, I have been divorced for many years and sent a copy of my divorce decree. They did not accept the copy. I was afraid to send the original. I am contacting my county's clerk office to obtain a copy from them. I hope they offer a certified copy.

The second RFE is that the copies of our pass port stamps did not show up very well in the copies. I had the copies made at Kinkos which is a professional copy service. I can't make the copies any more "clear." I attached travel receipts, itineraries to support those dates, but they said it was not proof of seeing each other. I was in the process of getting affidavits from my children and his friends that have been present while we are together, when I called the lawyer to see if I was on the right track.

Not earth shattering, and I know these same issues will need to be addressed for our visa process after we marry, so I continue to add "supporting evidence" to our file folder

Now we need to get busy planning our wedding! We both reside in beautiful areas, so we need to pick the one that can produce the marriage certificate in the most timely manner.

The other point that the lawyer said probably red flagged our case is that we were engaged in the 1990's and that did not result in a marriage. That was explained in our paper work. The lawyer said for us, it would be easier to prove that we ARE married, rather than we INTEND to marry. My Canadian fiance and I have an interesting story of lost loves reconnecting after manner years, but USCIS doesn't find it so!

Thank you for all of the support!

[pushbrk 12,884]

When you file the I-130 after marriage, make sure you include a photocopy of a "Certified Copy" of your divorce decree. Obtain an actual CERTIFIED COPY from the court by following the procedure applicable to your local jurisdiction. If they didn't accept the copy the first time, then it wasn't a copy of a Certified Copy. This time, either get professional help or study and prepare in advance by using the guides here and careful study of official I-130 instructions.

[JohnR! 5,495]

Someone please correct me if I am wrong, but if he comes to the US to marry and declares his intentions to do so at the border, won't he run the risk of not being allowed to enter the US?

[Cathi 5,748]

Since you did not mention the need to work, then yes, withdraw the K-1 and marry then file for the spousal visa.

Now, where to marry. If you marry in Canada, you'll want to see how long it will take to get the marriage certificate. We married in Ontario and it takes between 6 - 8 weeks to get the marriage certificate, so you cannot file until you have the marriage licence in hand

Good luck

PS - if you have a lawyer, why didn't he suggest this BEFORE You filed?

They cannot file with a marriage license as you stated at the end, they need the marriage certificate to file.

[Margotrita 0]

Someone please correct me if I am wrong, but if he comes to the US to marry and declares his intentions to do so at the border, won't he run the risk of not being allowed to enter the US?

I have the same concerns. From what I understand, when he travels, he will need to show proof of his return ticket to Canada, copies of his mortgage papers to prove property ownership, bank statements and letter from employer. Would that be sufficient?

If we marry in Nova Scotia (which would be lovely!)I would be traveling with my three children, which would be expensive. I would much rather put plane ticket $ for the four of us toward our wedding, here in the states. Also, my home state, Tennessee, has a quick turn around time for the actual wedding certificate to acquire after the wedding for our CR1 visa process.

Edited June 13, 2012 by Margotrita

[pushbrk 12,884]

Someone please correct me if I am wrong, but if he comes to the US to marry and declares his intentions to do so at the border, won't he run the risk of not being allowed to enter the US?

Potentially but a generic truthful answer when asked for the purpose of the visit is just fine. No special visa or permission is required to marry in the USA. If while already here and married, one were to decide to stay and adjust status, that also is OK. Never lie to a CBP officer, other immigration official or on an immigration form.