Should we get married in the US or in Canada?

[TorontoGF 1]

I am a Canadian citizen and my boyfriend is a US citizen.

Until now, our life has been in Canada but we want to settle in the US because he has started a PhD in California.

Ideally I would like to get married in Canada because all of our friends and my parents are here, while his family lives just over the border.

However, the objective is not to live in Canada because he has committed to school in the US and I would like to be with him.

Will this significantly increase the time we will have to spend apart?

Would processing be faster if we got married in the US while I was on a K-1 visa?

I am also interested in applying to a programme in California.

Would it be easier to go through AOS from a student visa after we marry? And would we have to marry in the US to do that?

In sum, what are the limitations to living in the same place if you get married in one country or the other?

Sorry for all the questions.

Thanks for all your input on this forum it is super awesome!!

[jaycali 415]

The process for a CR-1 spousal visa is no more than a month or so longer than the K-1 fiance visa process (if started at the same time). However, when entering the US on a CR-1 visa you'll be a legal permanent resident from day 1. When entering on a K-1, you'll have to get married within 90 days, then file for adjustment of status, meaning you won't be able to work or travel abroad for about 3 - 6 months after entry depending on how soon you get married.

Of course, the K-1 process can be started today, whereas the CR-1 process cannot begin until you actually have your marriage certificate in hand.

The cost of the CR-1 process will be approx. $1000. The K-1 process will come out to about $1500 plus any lost income you may have from not working for a few months. Time wise, you're looking at about 6 - 9 months for a K-1, 7 - 10 months for a CR-1. If the US citizen actually lives in Canada when filing, this is often a lot shorter.. Possibly as much as 3 - 4 months shorter.

You cannot get a student visa if you intend to adjust status.

Edited November 22, 2012 by Jay Jay

[TorontoGF 1]

Thanks so much, Jay Jay!

And just to clarify - with a K-1 we would have to get married in the US, whereas we would apply for a CR-1 if we got married in Canada?

Good luck with the snail mail!

[jaycali 415]

Thanks so much, Jay Jay!And just to clarify - with a K-1 we would have to get married in the US, whereas we would apply for a CR-1 if we got married in Canada? Good luck with the snail mail!

Correct.

Thanks!

[C-ma'am 684]

**Moved from K1 to General Immigration Discussion;

OP - Jay Jay explained it very well. Here's a comparison chart http://www.visajourney.com/content/compare (just don't pay attention to the K3 option).

[TorontoGF 1]

Thanks for your responses!

And to summarize,

On the plus side, with a CR-1 we could

get married in Canada,

save money on the filing process, and

the overall process is faster.

On the other hand, the comparison chart points out that with the CR-1 process, "separation from family may be longer than if filing for a K-3 Visa (or K-1 visa for a non-married fiance). The applicant will most likely not be able to enter the US while their IR1-CR-1 Visa is being processed".

That's perhaps several months apart.

So, if I understand correctly,

the upside of the K-1 process is that

I would be able to stay in the US while processes Adjustment of Status, once the K-1 Fiancee visa petition is approved.

Meaning that even if the overall process to get conditional permanent residency is longer than the CR-1 process, the separation time is shorter.

Seems like a difficult decision to me.

Thanks for the info and good luck everyone!

Edited November 23, 2012 by TorontoGF

[Harpa Timsah 13,258]

The VJ guide is wrong on that, and should be changed. You can still visit while the CR-1 visa is processing. The time from filing a spouse petition to getting the visa to the US is about the same as the time from filing a fiance petition and getting the fiance visa.

[aaron2020 11,651]

Thanks for your responses!

And to summarize,

On the plus side, with a CR-1 we could

get married in Canada,

save money on the filing process, and

the overall process is faster.

On the other hand, the comparison chart points out that with the CR-1 process, "separation from family may be longer than if filing for a K-3 Visa (or K-1 visa for a non-married fiance). The applicant will most likely not be able to enter the US while their IR1-CR-1 Visa is being processed".

That's perhaps several months apart.

So, if I understand correctly,

the upside of the K-1 process is that

I would be able to stay in the US while processes Adjustment of Status, once the K-1 Fiancee visa petition is approved.

Meaning that even if the overall process to get conditional permanent residency is longer than the CR-1 process, the separation time is shorter.

Seems like a difficult decision to me.

Thanks for the info and good luck everyone!

The separation time is not necessarily shorter for the K-1 than the CR-1. If it is, then it is a month or two.

The K-1 to green card process will take 12-18 months. The CR-1 to green card process can happen in 6-12 months.

It's not a significant difference to wait 6 months for a K-1 versus 7 months for a CR-1. However the CR-1 costs less and gets you a green card upon entry which allows you to work and go to school. With a K-1, you have to get marry within 90 days, file to adjust, wait for your EAD/AP which allows you to work and leave the US without abandoning the entire process (2-3 months wait). It will take 5-6 months for you to get your green card.

Personally, I would go for the CR-1 route considering that you are currently both in Canada and he's a student. Go with the cheaper and quicker overall option which allows you to work and go to school immediately in the US. You do not want to be here for 2-3 months on a K-1 with nothing to do.

[C-ma'am 684]

Loved the smiley faces hehehe

With the CR1 - You are apart after marriage but you are a LPR (Legal Permanent Resident) as soon as you set foot in US soil.

With the K1 - You will be together after marriage, but you won't be able to do certain things (including, but not limited to: traveling outside the US) until you have your GC (or AP).

You will have to be away from each other, with either one of these ... so pick the one that will best suit your needs. For either case, being apart is a sacrifice and pays off at the end.

[The Mean Lady 604]

If you have more friends and family in canada, then I say do it in canada.

Family location aside, it really depends on when you're intending to get married.

If you're not getting married for like 6 months to a year, then you might want to file the K1 process now because you have the next 6 - 12 months to get the paperwork approved.

If you want to get married within the next few months, then it would be silly to do a K1 visa, because you're going to spend however many months waiting to get married since you CANT to it until the k1 is processed and you're in the states.

If you want to get married in January/February, you have the option of doing it in Canada, then filing the CR1/IR1 visa application for approval w/in 6-10 months-ish. Really the approval time is ALL over the board now because of the inclusion of the NBC location in August which has some people looking to possibly be approved for full process in maybe 4-5 months total.

You can visit your spouse as you wish in the US, but you'll always have to have your ties to canada (leases, bank statements, letters from employer, etc) that show you're returning after your visit.

My husband has been visiting me in the states for 2 years POST MARRIAGE and PRE paperwork.

This christmas will be our first attempt into the US during the filing process and I am EXTREMELY confident we'll have no issues as we've already discussed this with the border officers in the past who have stated that showing our paperwork in process will only help to show that we are doing things legally.

Edited November 23, 2012 by KDubovik