Advise Needed AOI am an Irish citizen and my Fiancee is an Amercian we are currently living here in Toronto but my partner wants to move back to theS

[jjbrien 1]

I am an Irish citizen and my Fiancee is an American we are currently living here in Toronto but my partner wants to move back to the United States. We have applied for the K1 visa for the United States but our issue is her visa for Canada will expire on December 23. We would just like to get married here in Canada and move to the USA. Is this possible? Can you please advise us. We dont want to be split apart our only options are:

A) Me go to the USA with her and marry her there then apply for AOS

B) Marry her here and see will the Canadians let her stay

C) Marry her here and then file for the CR1

D) We both marry here and go to Ireland and then file for CR1 there

E) We get ripped apart for a few months and have to wait out the K1 visa.

F) Marry here here then go to the US and try to apply for AOS there

Can anyone please advise if we can just do AOS I dont want to loose my girl. Thanks.

[C-ma'am 684]

**Moved from AOS from family visas to General Immigration Related Discussion

[jjbrien 1]

Anybody??

[Berty 74]

You can't just marry and then apply for AOS in the States (with the intention of staying there) - you have to do it the proper way, and either marry (wherever), go home and apply for the spouse visa, perhaps visiting in-between until it's (hopefully) approved, or apply for the fiancé(e) visa, then fly over and marry in the States, allowing you to stay and apply for the AOS without moving out again.

[jjbrien 1]

You can't just marry and then apply for AOS in the States (with the intention of staying there) - you have to do it the proper way, and either marry (wherever), go home and apply for the spouse visa, perhaps visiting in-between until it's (hopefully) approved, or apply for the fiancé(e) visa, then fly over and marry in the States, allowing you to stay and apply for the AOS without moving out again.

I have checked with the Irish immigration authority im allowed bring her into Ireland as my wife and apply for a spouse stamp at an immigration office there. So I am thinking we both can go there and start the process of applying for the US spouce visa direct with the US embassy in Dublin. Do you think this is our best option?

[Darnell 8,478]

We have applied for the K1 visa for the United States but our issue is her visa for Canada will expire on December 23.

and when are you to leave, officially? You, not her.

What's keeping her from going to USA, staying a week, then returning to Canada to be with you for a few more months?

[*Snowdrop* 604]

Everyone here has made their immigration choices based on personal preference and the legal options available to them.

You say you don't want to spend any time apart. Is that the ONLY thing that matters?

(Things that others are usually concerned about: Ability to work immediately, ability to travel out of the USA at short notice, costs of filing different petitions etc, place of wedding)

What's the absolute maximum time you could bear spending apart? And how far along in the K1 process are you? As Darnell said what's your current status in Canada?

Your options appear to be:

A)Some time apart:

1. Stick with the K1 visa. See if it's possible for your fiancee to go home for a short time and come back and stay and wait out the process with you.

2. Stick with the K1 visa. Have your fiancee go back home and you both visit each other for short trips while you wait out the process.

B)No time apart:

1. Abandon the K1 - you both go to Ireland to wait out the CR1 process

C)Could go either way as I don't know anything about Canadian immigration law:

1. Abandon the K1 and marry in Canada - deal with Canadian immigration to have your wife move there with you. (You'd have to research this option to see if it's any quicker than US immigration - it might be she could marry you and stay immediately but it's likely that there is a similar process to the US and she might have to wait in the US while it's complete)

The other options are not available to you legally now. You have expressed immigration intent (to the USCIS with your K1 application).

Edited November 30, 2012 by *Lynne*

[jjbrien 1]

My fiancées ex boyfriend screwed her immigration up with the Canadian government to the end that she isn't allowed work here. He assumed that he could just sponsor her as a wife but he was already legally married so they have given her a very hard time. There is no such thing in Canada as adjusting status and staying like you have in the states. If there was Id have filed for it already for her. She doesnt have anywhere to go on the states both her parents are dead she needs me emotionally otherwise she has nobody. I think we are going to have to do the CR1 route.