Bringing Canadian Fiance to US: which visa option is best?

[dobbie16 0]

hi all. this forum is sooo helpful and i'm looking for any advice or help from people who have had this experience: my fiance and i recently became engaged. he's canadian and i'm a us citizen. we plan to live in the us. my question is: should we get married in canada and apply for the IR-1, or should we apply for the fiance visa, wait for that to come through, and get married in the us? i'm not sure if one is better than the other, or if one takes less time than the other. i'm a dual us/canadian citizen, if that matters. i appreciate any advice, thanks!

[NickUSMC 3]

Get married. The Fiance visa takes forever. It's way faster to get married and file for CR1.

CR1 because you haven't been married for more than 2 years.

Also, she can still get married in the US. You don't need a Fiancee visa to get married in the United States.

All she needs is her passport.

Once you got married you go to a lawyer (best choice) and start filing all the paperwork for the Green Card.

[canadian_wife 1,827]

Once you got married you go to a lawyer (best choice) and start filing all the paperwork for the Green Card.

Go to a lawyer? I am suprised on a DIY site people reccomend a lawyer, we had one and she was useless

OP - anyway, if you get married in Canada, the marriage certificate can take a long time to obtain, which you need before you file. In ontario it takes 8 weeks so that delays the case.

Also, the spousal visa goes through Montreal, some prefer the K-1 visa because Westerners can go through Vancouver.

Click the 'guides' up at the top and find the comparason guide. We went the Cr-1 route because it was best for us

good luck

[NikLR 13,232]

My marriage certificate from BC took less than a month. (edit... I live in Alberta.) We chose the CR1 route because it was cheaper for the visa itself, I could work sooner and travel right away (very important to me) and because of the way I wanted a wedding. My mom is a minister in BC and I wanted her to marry us. I also wanted my daughter to attend without hassle and have my husband (then fiance) meet my whole family too. He wasn't worried about the wedding at all, it's his second, just as long as it was small and without a bunch of stuff we felt needless.

Edited January 25, 2013 by NikiR

[The Mean Lady 604]

This is how you need to think about it.

You just got engaged.

Are you wanting to get married very very soon?

If Yes:

Get married, apply for CR1 visa.

Be living in the US in 8-10 months post filing

Work right away.

If No:

Apply for Fiance visa.

Be living in the US in 8-10 months and you get married.

Adjust status post marriage and after a few months you can work.

I should make this into one of those choose-your-path flow charts.

[dobbie16 0]

My marriage certificate from BC took less than a month. (edit... I live in Alberta.) We chose the CR1 route because it was cheaper for the visa itself, I could work sooner and travel right away (very important to me) and because of the way I wanted a wedding. My mom is a minister in BC and I wanted her to marry us. I also wanted my daughter to attend without hassle and have my husband (then fiance) meet my whole family too. He wasn't worried about the wedding at all, it's his second, just as long as it was small and without a bunch of stuff we felt needless.

thanks, your case sounds very similar to ours; we'll be getting married in bc. did you have to file for cr1 via montreal? once you applied for cr1, did you stay out of the US the whole time until it came through?

[dobbie16 0]

This is how you need to think about it.

You just got engaged.

Are you wanting to get married very very soon?

If Yes:

Get married, apply for CR1 visa.

Be living in the US in 8-10 months post filing

Work right away.

If No:

Apply for Fiance visa.

Be living in the US in 8-10 months and you get married.

Adjust status post marriage and after a few months you can work.

I should make this into one of those choose-your-path flow charts.

this is helpful. we plan on getting married this fall (we've already been together a very long time). I don't completely understand the steps you mention under the fiance visa option; what do you mean by "adjust status post marriage"? thanks.

[The Mean Lady 604]

this is helpful. we plan on getting married this fall (we've already been together a very long time). I don't completely understand the steps you mention under the fiance visa option; what do you mean by "adjust status post marriage"? thanks.

The Fiance path is more expensive and requires adjusting status after you've married in the US.

It's another line of paperwork that I'm not familiar with because I did not choose that path.

[hikergirl 277]

The Fiance visa is technically a non-immigrant visa so once they get married they are required to “adjust status” after they marry their fiancé to become a permanent resident of the US.

The adjusting status costs a lot and you have to apply for the right to work or travel out of the US in the meantime (which can still take months to happen).

I would really check out the comparison charts and such in the guides section. Here’s a good place to start: http://www.visajourney.com/content/compare

As a Canadian we can normally travel down to the US during the process without difficulties. He would just have to bring proof of ties to Canada: lease agreements, letter from employer, that sort of thing to show he is not going to be immigrating on that visit.

Our choice was to get married in the US (beach destination wedding) then me come back up to Canada while hubby got the petition going. I wanted to be able to work and travel freely once I moved to the US - plus it was cheaper. I have been able to visit hubby in the meantime and he was able to come visit me up here.

Good luck in whatever you decide and don’t be afraid to ask questions. There is also a Canada forum for the more regional related questions like claiming Canadian EI. http://www.visajourney.com/forums/forum/93-canada/

Edited January 25, 2013 by hikergirl

[The Mean Lady 604]

The Fiance visa is technically a non-immigrant visa so once they get married they are required to “adjust status” after they marry their fiancé to become a permanent resident of the US.

The adjusting status costs a lot and you have to apply for the right to work or travel out of the US in the meantime (which can still take months to happen).

I would really check out the comparison charts and such in the guides section. Here’s a good place to start: http://www.visajourney.com/content/compare

As a Canadian we can normally travel down to the US during the process without difficulties. He would just have to bring proof of ties to Canada: lease agreements, letter from employer, that sort of thing to show he is not going to be immigrating on that visit.

Our choice was to get married in the US (beach destination wedding) then me come back up to Canada while hubby got the petition going. I wanted to be able to work and travel freely once I moved to the US - plus it was cheaper. I have been able to visit hubby in the meantime and he was able to come visit me up here.

Good luck in whatever you decide and don’t be afraid to ask questions. There is also a Canada forum for the more regional related questions like claiming Canadian EI. http://www.visajourney.com/forums/forum/93-canada/

I like the idea of marrying in the US and going back to canada if getting a marriage cert up there really is as difficult as people say it is.

I got my copies the week after I requested them in the US.

[hikergirl 277]

I like the idea of marrying in the US and going back to canada if getting a marriage cert up there really is as difficult as people say it is.

I got my copies the week after I requested them in the US.

We hand carried the paperwork to the Probate Clerk ourselves so we had ours the day we got married. A lot faster that way

[dobbie16 0]

All this information is incredibly helpful and making a confusing process much clearer to me. Thank you everyone for weighing in with your advice and experiences.

[NikLR 13,232]

thanks, your case sounds very similar to ours; we'll be getting married in bc. did you have to file for cr1 via montreal? once you applied for cr1, did you stay out of the US the whole time until it came through?

We sent the I-130 to Phoenix based on where my husband lives. It's now at NBC (may be in the Denver field office.) Eventually I'll be going to Montreal for an interview though. I'm actually in the USA right now visiting my husband. Happy happy joy joy.

[YpsiFella 20]

We sent the I-130 to Phoenix based on where my husband lives. It's now at NBC (may be in the Denver field office.) Eventually I'll be going to Montreal for an interview though. I'm actually in the USA right now visiting my husband. Happy happy joy joy.

We were living in Canada at the time but married in the US (wife is USC) - there is no issue getting married in the US whether you are living there or not. Ever heard of Vegas? Nonetheless, it makes much more sense if marriage is happening to get married in the US and apply for CR-1. It is one step instead of at least two. If you are living in the US the domicile question would be a no-brainer for Montreal and presumably you are working there so that would be a quick walk through Montreal.

Have a happy life. One of the greatest lessons of my life has been driven home to me in the last eighteen months.

You dare not live for tomorrow!!

[sweetcdngrl 2]

I'm Canadian and my Husband is American. I came down here we got married and did an AOS. It didn't take long for the work permit but the parole papers allowing me to travel took a long time. I missed my grandmother's funeral and my sister's wedding ( which were six months apart) once that was done it was smooth sailing or as smooth as it gets with USCIS lol.You really don;t need a lawyer unless you have difficulties with the forms. We didn't use one.