I need some information on what we should do

[jillybeansl 0]

Hello, I have been engaged now for 8 months. We are getting married this june. After talking to some people we decided we would just get married in texas and then apply for change of statues. Is this possible and what do we need to apply for? Also my next question is my fiance sister is getting married august 11th and her other sister is expecting there first baby of the family at the end of July. She would die if she could not go. Is there away we could get married but not do anyhting in june and then she go back to Canada. After her sisters wedding she would fly back to the states and then we would change her statues. Is that really a possibility or what should we do. We already have stuff booked and can not change our dates. We are more stressed about this then our wedding. Is there a visa I can apply for that she just stays in canada and once it's approved she can across. How long does this take?

[ceriserose 1]

Hello, I have been engaged now for 8 months. We are getting married this june. After talking to some people we decided we would just get married in texas and then apply for change of statues. Is this possible and what do we need to apply for? Also my next question is my fiance sister is getting married august 11th and her other sister is expecting there first baby of the family at the end of July. She would die if she could not go. Is there away we could get married but not do anyhting in june and then she go back to Canada. After her sisters wedding she would fly back to the states and then we would change her statues. Is that really a possibility or what should we do. We already have stuff booked and can not change our dates. We are more stressed about this then our wedding. Is there a visa I can apply for that she just stays in canada and once it's approved she can across. How long does this take?

If you're already engaged, entering the US to be married with the intent of staying is visa fraud without the proper visa (K1).

Entering the US and marrying with your wife returning to Canada afterwards would avoid the visa fraud and then you'd file for a K3 or IR1/CR1 spousal visa. Where is your wedding going to be held in June - Canada or the US?

There are pros and cons to each visa type. Have you had a look at the guides tab above? There's a section that outlines each type of visa and what activities you can do with each.

For example, a K1 fiancee visa is a single entry visa and you must be married within 90 days of entry. Then you must adjust status and cannot leave the US and be able to return without a green card or "Advance Parole" documentation, both of which take some processing time. If your spouse came in on a K1 and left before adjusting status, you'd have to "start over" with a K3 or IR1/CR1.

A K3 visa is multiple entry, so you could conceivably work it for the birth/wedding, depending on how you set it up and timeframes for processing.

Timeframes for each type of visa vary by Service center, local office and visa type. There are links to the USCIS processing times in the blue bar toward the top of the page which can help you get an idea.

[riblet 0]

If you get married, then your fiancee returns to Canada, and you file immediately for a K3 or CR1, it will likely be 6-12 months before she is able to come move to the U.S.

She is definitely not allowed to enter with the intent of staying and adjusting status, otherwise that's what everyone would do and noone would be apart.

[jillybeansl 0]

Hey, ok after talking to my fiance we believe we are going to get married at Christmas and she will go back home to Canada. I hope through prayer we will be able to be together in texas before september. If we don't get her visa before our reception here in Texas would it be possible for her to come for the reception and then go back home and wait for her k-3 visa to go through. Thanks for your info on getting married and staying in the states. We had know clue about this and just want to do it right.

[kim&james 0]

Hey, ok after talking to my fiance we believe we are going to get married at Christmas and she will go back home to Canada. I hope through prayer we will be able to be together in texas before september. If we don't get her visa before our reception here in Texas would it be possible for her to come for the reception and then go back home and wait for her k-3 visa to go through. Thanks for your info on getting married and staying in the states. We had know clue about this and just want to do it right.

It is possible to visit while the visa is being processed, however on saying that it is completely up to the officer at the gate who will ultimately allow entry or put her on the next plane home. Make sure that your fiance/wife (depending on the date/time) has alot of information regarding her returning to Canada, ie letter from employer stating when she must return, rent receipts/agreement return ticket, anything that will prove that she does not have immigrant intent. Now that she has gone from visitor to potential immigrant things change during point of entry things. My story is when I was just visiting the States all was good and fine, once I met my now husband things got a little more dicey and I had to prove that I wasnt going to stay.

[mchina34 0]

Hello, I have been engaged now for 8 months. We are getting married this june. After talking to some people we decided we would just get married in texas and then apply for change of statues. Is this possible and what do we need to apply for? Also my next question is my fiance sister is getting married august 11th and her other sister is expecting there first baby of the family at the end of July. She would die if she could not go. Is there away we could get married but not do anyhting in june and then she go back to Canada. After her sisters wedding she would fly back to the states and then we would change her statues. Is that really a possibility or what should we do. We already have stuff booked and can not change our dates. We are more stressed about this then our wedding. Is there a visa I can apply for that she just stays in canada and once it's approved she can across. How long does this take?

i'm not sure how long she can stay in the US without a visa, but as i understand it canadians have something like a six month time limit.

so get married in canada, get the proper papers, you and her both comes back to the US and she can stay here under the laws of her canadian visitor rights (again, not sure how long that is but i think it's six months) and process the K3 while she stays in the US. hopefully her visitor rights don't expire prior to the visa being issued.

just use her canadian home address as her permanent address to have the USCIS mail her the packets and for filling out the forms, since, techinically she can't have domicile in the US anyways without a visa.

also, i'm not a lawyer, but i do think what i said is accurate. this of course wouldn't work for someone that came from a country like, china, because they need a visa to enter the US.

[Reba 2]

that would work technically, but if by chance she's denied entry at the border, then what? Especially because she's just quit her job and emptied out her apartment because she's going to be staying in the States for 6 months.

I did it, but others here who've tried it have been denied entry and then stuck sleeping on friend's couches til they get the K3. Plus, if she wants to come back to Canada for weddings and births, she won't get back to the States.

But, because she needs to be able to come back and forth for her sister's wedding and the birth of her niece or nephew, the current plan of getting married at Christmas and immediately petition for K3 is probably the best bet. She can still go back and forth, even after the petitions are in, and even if she doesnt have the K3 or CR1 in time for their June reception, she can go to Texas for a week or so, and then return to Canada to complete the waiting. Still risky, but do-able.

Just be aware that as a spouse of an American she will have more difficulty crossing the border, and will need ample evidence that she's not going to stay illegally. Easier said than done usually.

[Jersey Girl 2]

It would not be a good idea to marry in Canada and then try to enter the U.S. as a "visitor" who can come without a visa and stay 6 months. That's because she'd be married to an American, and the assumption would be she'd be coming here to live with him. That could be viewed as fraud.

The best idea may be to hold off getting married until she's ready to stay in Canada and wait for the K3. If that has to happen after all the other family events, then plan around that.

There's no guarantee she'll be allowed into the States during the visa process. You'll hear stories here of people who travelled with no problems and others who were denied. It's a gamble.

Look at my timeline, because it shows a Canadian being married in the States (March 2006), then going back to Canada to wait for the K3 visa. It will take about 10 months before he can enter the States again.

Edited November 30, 2006 by Jersey Girl

[ceriserose 1]

I don't think the OP and his fiancé intended to have her stay for the 180 days a Canadian allows - that comment was made be a poster subsequent to the OP's second post. I think the plan was for her to remain in Canada all along, and now it's amended to wait out the K3, with a Christmas wedding to get the ball rolling.

To the OP: Congratulations! I hope the wedding goes well!

[jillybeansl 0]

I don't think the OP and his fiancé intended to have her stay for the 180 days a Canadian allows - that comment was made be a poster subsequent to the OP's second post. I think the plan was for her to remain in Canada all along, and now it's amended to wait out the K3, with a Christmas wedding to get the ball rolling.

To the OP: Congratulations! I hope the wedding goes well!

We will get married in texas at christmas. She is going home 2 weeks later. She will remain there until all the paper work is done. We are not going to attempt her comming to stay for 6 months because even though they say you can do that as a canadian, it's not that easy. You have to own a house have a degree and a job that pays very high and proff your going back. They even asked her once if she owned a business. We hope the only traveling she will do is to come in june for our reception and the go back as soon as it's over. Through prayer we believe this is the best option. I am so glad we found this we site. WE'll be puttiing a timeline up as soon as it starts. Thanks agian for the info.

[Jersey Girl 2]

Ooopps, I misunderstood. So, congratulations on your Christmas wedding, jillybeans!

As for her entering the U.S. during the visa process, she should have proof of ties that demonstrate she'll be returning to Canada. You don't have to own a home, own a business, or have a degree. But you do need a collection of things that, taken together, are enough to convince an Immigration Officer she'll be going back.

They like to see: a return airline ticket to Canada, a letter from her employer stating how long her vacation is and when she's expected back at work, an apartment lease, utility bills in her name, and bank statements. Some people add the NOA1 and NOA2 to demonstrate they're going through the process legally.

We hope the only traveling she will do is to come in june for our reception and the go back as soon as it's over.

I wouldn't count on this, since there's always the possibility of her being denied. I'd postpone the party until she's actually here with a K3 visa. Edited December 1, 2006 by Jersey Girl

[misa 2]

Look at my timeline, because it shows a Canadian being married in the States (March 2006), then going back to Canada to wait for the K3 visa. It will take about 10 months before he can enter the States again.

Was your Canadian husband barred from entry for visits until the K3 is done? Edited December 1, 2006 by misa

[jillybeansl 0]

Look at my timeline, because it shows a Canadian being married in the States (March 2006), then going back to Canada to wait for the K3 visa. It will take about 10 months before he can enter the States again.

Was your Canadian husband barred from entry for visits until the K3 is done?

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