K1 vs CR1(or other options) in this situation

[lakersfan4ever 0]

Here's the situation. I'm an US citizen and my fiance is a Canadian citizen (from Alberta). Our schedule is flexible in terms of where we get married, but we want to be together as ASAP and make the best informed decision. I been doing a lot of reading and so far it seems like my only options are going the K-1 or CR-1 route (please let me know if there are any other options).

It seems to me if I file the K-1, it would be faster, but more expensive. Once she gets her visa (in 6-8 months), she can stay in the US permanently assuming we do the 2nd process (AOS) and follow through with the interview? Can she stay in the US during that whole process and just go back to Vancouver for the interview?

With the CR-1, it would be cheaper. But she can't stay here until she gets her visa in 8-12 months (vs. K-1, she can live with me in 7 months).

Let's say she visits me in December, and we get married in the US. Or would it better if I married her in Canada? And I go about the CR-1 route. Can she visit me in June and stay here? Because she is allowed to stay for up to 6 months. I'm guessing by that 6 month, she will be getting her interview in Montreal and everything will be completed. Does she need to stay in Canada for anything during that period of time? The common question is can she stay with me while either the K-1 or CR-1 is being processed? It seems to me with the K-1, she can stay with me because it's likely that she will get her interview in Vancouver faster. Where as with the CR-1 route, she has to go back because it would take longer than 6 months to her interview.

Or would the K-1 route be better? Ultimately I want her stay with me as much as possible without jeopardizing her visa status and/or visiting rights to the US while everything is being processed.

Thanks everyone!

[NikLR 13,232]

I believe she can visit you for up to 6 months during the cr1. Right now they're getting approved in a few months but that may change and VJ doesn't really have a huge approval data base to give estimates on atm. (Mine says end of Dec and we filed the I-130 mid October.) Personally I have always had mixed feelings about the two but the fact that the CR1 is cheaper, and that I could come and go, and work asap was a major factor for us choosing that route. With a K1 visa I believe you POE, get married and then adjust status. It's more expensive to do a K1.

I visit my husband or he visits me every couple of months and there are others on here that do it a lot more. My husband is just not driving distance.

If it is important for you to be together after marriage then do the K1. If you want a cheaper route with more options upon entry to the USA do the Cr1.

I'm not sure if she can visit or stay during the K1. I know you can visit during a cr1 but generally you have to show ties to your country if they ask.

[lakersfan4ever 0]

I believe she can visit you for up to 6 months during the cr1. Right now they're getting approved in a few months but that may change and VJ doesn't really have a huge approval data base to give estimates on atm. (Mine says end of Dec and we filed the I-130 mid October.) Personally I have always had mixed feelings about the two but the fact that the CR1 is cheaper, and that I could come and go, and work asap was a major factor for us choosing that route. With a K1 visa I believe you POE, get married and then adjust status. It's more expensive to do a K1.

I visit my husband or he visits me every couple of months and there are others on here that do it a lot more. My husband is just not driving distance.

If it is important for you to be together after marriage then do the K1. If you want a cheaper route with more options upon entry to the USA do the Cr1.

I'm not sure if she can visit or stay during the K1. I know you can visit during a cr1 but generally you have to show ties to your country if they ask.

Thanks for the response. In theory would you able to stay in the US with your husband until you get your interview in Montreal? Also has the border officer given you any problems at all when you want to to visit your husband with the CR-1 pending? Also did you get married in Canada or in the US? Thanks.

Edited November 27, 2012 by lakersfan4ever

[pocheros 101]

For a CR1 you can get married in either Canada or the US, it doesn't matter, but IIRC it's generally faster to obtain a marriage certificate int he US than in Canada although this varies by province/state so you would have to research Alberta vs. whatever state you reside in or intend to get married in.

K1 will get her to the US faster but keep in mind that once she's in the US, until she obtains her green card or advance parole (minimum 3 mos or so) she will be unable to exit and re-enter the US. So if she gets to the US and there's an emergency in Canada she can't leave without AP, although I believe you can apply for an expedited/emergency AP but I'm not sure of how long that takes or how reliable it is. Just something to consider. If she enters on a CR1 she can travel abroad freely.

K1s may visit during the process but it's all up to the individual border officers! If she tries to tote 6 months worth of clothing and personal items across the border she will most likely get questioned, and if she doesn't have strong ties to Canada- such as a return ticket, lease, or letter of employment- they might not let her through! I would suggest that you try for shorter visits of a couple or a few weeks at a time.

Also yes K1 and CR1 are the only marriage based visa options besides K3, which is a dead visa that ultimately results in either a K1 or CR1 anyways.

BTW, just a tip: if she somehow manages to stay for 6 months in the US, absolutely make sure she doesn't overstay her 180 days at all! Overstays will come back to bite you in the butt.

Edited November 27, 2012 by pocheros

[NikLR 13,232]

Thanks for the response. In theory would you able to stay in the US with your husband until you get your interview in Montreal? Also has the border officer given you any problems at all when you want to to visit your husband with the CR-1 pending? Also did you get married in Canada or in the US? Thanks.

In theory you could, but you'd most likely get denied entry honestly. You have to show you're not immigrating plus there is a lot to do like get police certificates and the medical (if you don't have immunization records like I don't, you need blood tests to show immunization.) The two times I have gone down to visit my husband I haven't have any trouble. Granted the first time I was very worried and said I was visiting friends. We have friends there, my husband is also a friend, but I should have just said visiting my husband. The second time I did, had a few more questions asked like how we met, but otherwise It was easy. There are some horror stories from people in Canada being highly questioned or denied though. (in fact a thread of it in this forum) but I think most often, a person is fine.

I brought my employer's business card and mine (he had drafted a letter but stated I was visiting a friend and I didn't any conflict so I didn't bring it) a copy of my NOA1, my itinerary showing the return ticket and a pay stub to show I have a job. I'm a supervisor so It's not like I'm gonna up and just skeedadle. My stay was only for 9 days. I don't doubt that anything over a month would lead to at least secondary questioning. Heck my ex went into secondary the last time he went to Hawaii for 9 days for his niece's graduation!

I was married in Canada. In BC actually and I live in Alberta. It took about a month for the marriage certificate to get to me. I do not recommend getting married in Alberta... After the registration is sent in you have to order your own certificate, you do not get a "free" one in the mail like you do with BC. Typical Alberta nickel and dime. Also my friend was married in July, the registration was sent in ASAP and they lost her registration! It's a good thing there was a copy of it but they had to send it out again and have it all resigned. /facepalm. Plus my mom is a minister in BC and she married us. Nothing says family approval like being married by your mother! LOL!!

*** edit *** When I say 'you' I mean it in general, not specifically YOU... Your fiance would be the one who would be the 'you' in this situation... sorry for any confusion.

Edited November 27, 2012 by NikiR

[lakersfan4ever 0]

Hey Niki thanks for responding. I noticed you mentioned that now CR-1 is being processed quickly? What do you mean by that? Doesn't it take 8-12 months total? Do you already have an interview scheduled at Montreal?

[NikLR 13,232]

Oh Heck no I don't! Lol! I wish!!! I received my noa1 on Oct 17. But with recent transfers after Aug 15 we have seen approvals in the 60 to 90 day range. Take a look in the Cr1 forum. But I would still count on the 5 month rule. I don't want to get my hopes up too much. You can make the nvc stage take a few weeks if you're on the ball though.

[The Mean Lady 604]

With the recent change in processing times, I'm hoping to be moved by end of June (filed mid november).

I think that's an ambitious thought, but not completely out of the realm of realism.

Staying together for 6 months is completely unrealistic if you both have normal jobs.

In order for him to visit you in the US, he will need to show ties to Canada such as a letter for employer about when he'll be returning, a lease, bank accounts, etc.

So, unless you have the ability to work from the computer and visit him in Canada for an extended period of time, you will most certainly be separated for a large amount of this process.

If you can drive, plan on some weekend visits whenever you can.

Edited November 28, 2012 by KDubovik

[Flames9_RN 358]

Some recent cr-1/ir-1 have lucked out and make it quicker than most, but thats the joy of the immigration process---some luck out--some are average--and some take way longer. Same goes for the k1 process! Really boils down what works best for you. http://www.visajourney.com/content/compare compares them

As you have read---people can still visit no matter what route they go. Really boils down to the POE officer. One should have proof of ties to Canada with them when they travel--you do not have to present it to the POE officer unless he asks for it. My 2 cents on visiting is down below in my signature. I traveled monthly to DC with no problems, never asked for anything---lot of it has to do on how you present yourself and be respectful--and the POE officer,lol

[SF2007 48]

I wouldn't base this decision on processing times as those fluctuate a lot. There is no guarantee a K1 is/will be processed faster than a CR1. Mine took forever and there was nothing special about my case.

For the K1 route, you also have to consider the AOS fees, which are a little over 1000$ and more paperwork. It also implies your fiancée waits at least 3 months from application to be able to work and about 6 months to receive her Green Card. She will not be able to leave the U.S. during the process or she will abandon her petition. Not until she has obtained her green card (or Advance Parole if she chooses to apply for it). If money is no object, then you can pick whatever you want. I personally didn't like the idea of marrying my husband and then having to be apart for months.

Also keep in mind the medical examination must be done in Canada as well as the interview.

[lakersfan4ever 0]

Thanks for the replies everyone. I think since we are getting married in 3 weeks, it makes more sense to go the CR-1 route especially when it seems like it's taking less than the estimated 8-12 months to get visa approved.

Is there any step by step guide specially for US/Canadians marriage?

[Flames9_RN 358]

Thanks for the replies everyone. I think since we are getting married in 3 weeks, it makes more sense to go the CR-1 route especially when it seems like it's taking less than the estimated 8-12 months to get visa approved.

Is there any step by step guide specially for US/Canadians marriage?

if ur getting married in 3 weeks--then ur only option would be the cr-1. Check out the CR-1 forum--nothing special!!

[hikergirl 277]

Thanks for the replies everyone. I think since we are getting married in 3 weeks, it makes more sense to go the CR-1 route especially when it seems like it's taking less than the estimated 8-12 months to get visa approved.

Is there any step by step guide specially for US/Canadians marriage?

As far as I know there is not anything like that because it is all dependant on where you get married. Each State/Province has their own way of doing things. We got married in GA because SC was going to be a pain in the rear without a SSN. GA just wanted my Alberta driver's licence for ID. We were able to hand carry our wedding licence/certificate back to the Probate Clerks office after the wedding, the clerk registered us and we got it back immediately (instead of having the minister take it in then the certificate get mailed).

[lakersfan4ever 0]

Because it takes longer to get the marriage certificate in Canada, we plan to get married here vs. in Calgary. I'm going to Calgary in late December to have our engagement party and staying there for a few days before coming back to the States with her. Afterwards we plan to get married and apply for the CR-1 right away. Does that look bad? Will they ask why she came to the US just to get married or whatever? And can she stay with me while the CR-1 is processing? I understand she has to eventually go back and cannot stay for longer than 6 months. But I plan to maximize my time with her in the constraint of that 6 months if it's possible.

Thanks

Edited December 14, 2012 by lakersfan4ever

[Flames9_RN 358]

Because it takes longer to get the marriage certificate in Canada, we plan to get married here vs. in Calgary. I'm going to Calgary in late December to have our engagement party and staying there for a few days before coming back to the States with her. Afterwards we plan to get married and apply for the CR-1 right away. Does that look bad? Will they ask why she came to the US just to get married or whatever? And can she stay with me while the CR-1 is processing? I understand she has to eventually go back and cannot stay for longer than 6 months. But I plan to maximize my time with her in the constraint of that 6 months if it's possible.

Thanks

Have you researched in how long it would be to get the marriage cert back?

Many--including myself--have gone to the USA and gotten married right away--I did it on a 4 or 5 day visit to DC. I left after that and went back to my Air Force job! Now if you coem up to the POE window and tel them you are getting married in the USA and staying for 6 months-0--it may not go so well for ya if you catch my drift. As well as I'm sure you know--the 6 months is not a gimme, they could shorten the time to a few months or few weeks, etc etc