Not Sure Where To Start

[BrandyAnn 0]

Trying to figure this out myself with the government websites had just led to more questions, so I hope someone here can explain them to me and point me in the right direction.

I'm currently living in Canada. My boyfriend (of four years) is in the US. We've been dating long-distance this entire time and have yet to meet in person (because we heard conflicting news on whether we should wait until we were ready for me to immigrate, and that we didn't even need to, before I become a permanent resident in the US). We're ready now to just get it all over with and be together, and we're fully ready to marry and 'live happy ever after'. (Please no judgement for that).

So, my questions are..

Where do I start, what is the first move we need to do.

We're fine marrying in the US, whenever we need to, so what would be the easiest route with the VISA's.

After we marry, do I need to come back to Canada?
Do we need to meet first, before we marry, and if so, do I need to come back up to Canada?

and anything else you may think i'm forgetting to ask, that I could benefit from the answers.

I tried asking all of this on Yahoo answers and my account got suspended because of it.. ( ) So, I found this forum. All the form #'s and groups on this forum are just as confusing as trying to figure out permanent residency. haha.

Thank you!

[Alaska2012 462]

Well if you are applying for the K1 visa, fiancé visa, then you must meet in person before you apply!

If you want to marry first and then file for the CR1 visa, spouse visa, then you get married either in Canada or in the US. After that you file for the visa BUT you must still remain in Canada while waiting for the visa in hand. You can of course visit while waiting but you can't move until all is ready.

Read the guides here on VJ, they are awesome.

Edited June 11, 2013 by Alaska2012

[BrandyAnn 0]

Thanks! Where do I find the guides?

The Fiance visa seems like it'll get us together faster, right?

[Alaska2012 462]

Thanks! Where do I find the guides?

The Fiance visa seems like it'll get us together faster, right?

The guides are up on top of this page!

Well both K1 and CR1 takes about the same time these days, with the CR1 you will be done with the paperwork once you have the visa in hand. With the K1 you have lots of stuff to deal with once you are in the states and married.

But with whatever you chose you must meet before sending in any papers!

[BrandyAnn 0]

One more question, how long does the CR1 visa usually take?

Thank you so much for all your help!

[Darnell 8,478]

from 6 to 13 months, depending on duration of each queue.

[Kathryn41 3,205]

The guides are available at the top of the pages on the darker blue line right below the website title "Visa Journey". You can compare the K-1 visa and the CR-1 visa. The first is a fiance visa, the second is a spousal visa. There are pros and cons for both so you really need to decide what suits you own circumstances best.

"Faster' is a relative term. Regardless of what process you choose, expect that it will be around a year before you will be living together in the same country. You can certainly visit back and forth during that time but you will need to be prepared to prove on each and every visit that you still have strong ties to Canada - a job, a lease or mortgage, school enrollment, financial obligations, things like that. US immigration works on the assumption that every person who shows up at the US border actually wants to immigrate, legally or illegally, and their job is to prevent that. Your job is to satisfy them that you are not intending on violating any immigration rules or regulations - and you have to tell the truth while doing this, because misrepresenting any facts or circumstances to US immigration, either in person or through filing documentation, can lead to a permanent ban on entering the US.

So, that's the scary part out of the way and I hope you take it seriously.

Your first move is to meet in person, and make sure that 'in person' agrees with 'on line'. It probably will, but you also need to meet in person before US immigration will consider any sort of immigration petition on your behalf.

You can choose either to pursue a fiance visa which means that when the visa is finally granted, you have 6 months in which to move yourself and your belongings to the US, and then must get married in the US within 90 days of using the Visa. You must then apply for permission to remain in the US - that means 'adjusting your status' from a non-immigrant fiance to a permanent resident sponsored by a family member. Your US fiance starts this process by filing a petition - the I-129f form - with the appropriate immigration office. He includes the additional items requested with the petition - proof of his US citizenship, proof of the two of you having met in person during the previous 2 years prior to filling, etc. Then you wait a few months until his petition is approved. The case is then transferred from the US to Canada. If you live from Manitoba west, your file will be sent to the US Consulate in Vancouver. If you live east of Manitoba, your file will be sent to the US Consulate in Montreal.

The Consulate will notify you of the necessary paperwork you must now file, which will include an application for a K-1 fiancee visa. In addition to a lot of documents (birth certificate, etc.) you will also have to obtain a security clearance from the RCMP showing you have no criminal record, and have an immigration medical by one of the few approved 'panel physicians' in Canada. When you have everything arranged, you will then schedule an interview at the Consulate, and they will tell you at the interview if you get the visa or not.

The other option is to get married either in Canada or in the US. Once you have the registered proof of your marriage, your husband again starts the process by filing a petition with US immigration - the I-130- requesting permission for a family member to immigrate to the US. Once again, the petition has to be approved first, then your husband will submit additional information proving he is able to support you financially (there are listed minimum amounts), and as before, your file is again transferred to Canada - this time to the US Consulate in Montreal, which is the only Consulate that does immigrant visas. Again, you will have to undergo security checks, a medical exam and an interview at the Consulate. You will not be allowed to live with your husband in the US, but you can visit. Once you get your visa, you have 6 months in which to move to the US. When you do, you immediately become a permanent resident and don't have to file for permission to remain in the US.

You may hear people telling you it is alright to enter the US as a visitor with the intention of getting married and staying there, requesting permission to change your status from visitor to permanent resident without returning to Canada. Do not believe them. This is considered Visa fraud - using a visa issued for one purpose for a totally different purpose - and is illegal. If you are legitimately in the US already, such as working or as a student, and meet someone and decide while you are still in the US to get married and apply to change your status, that is allowed. Entering the US with the intention of doing this, is not. You are allowed to enter the US with the intention of getting married as long as you also intend to return to Canada and follow the correct immigration process. It is the intention to enter as a visitor but remain in the US that is fraudulent.

Anyway, do read over the guides - and check out the Canada Regional forum as well. The more information you have, the better your chances will be of making the right choices at the right time and successfully immigrating to the US as a family member of a US citizen. There are many Canadians here who have gone both routes and will be happy to tell you the pros and cons of the processes involved.

Good luck - and welcome to Visa Journey.

Edited June 11, 2013 by Kathryn41