What should we do?

[GA&CA 0]

I am Canadian. My American Girlfriend and I are planning on getting married on Christmas. Now we are trying to decode this whole process. I have searched topics on this site for quite a while before posting.

My questions are :

Can we get married in the states and go throught the paperwork while i live there (starting december)?

Once the paperwork is started how long until I can live down there with her and work?

Whats a recent estimate of timeline before obtaining a greencard?

If I stay down there and wait for papers to come, can I return to Canada when I want to during that time?

Do I have no choice but to stay in Canada after we file the paperwork until it comes through?

What are the costs associated with this...

thanks for your patience and answers.

G

[heishe 2]

How will you be entering the country in December? Visa waiver? Or do you have some other kind of visa?

[GA&CA 0]

How will you be entering the country in December? Visa waiver? Or do you have some other kind of visa?

I never needed a visa to enter the usa. I know that entering with the intent to stay is illegal, but i am hoping I dont have to intend on staying indefinately.

[Dylan'sWife 2]

How will you be entering the country in December? Visa waiver? Or do you have some other kind of visa?

I never needed a visa to enter the usa. I know that entering with the intent to stay is illegal, but i am hoping I dont have to intend on staying indefinately.

What type of visa are you asking about

From the time lines I have seen here, it's currently taking about 6 months to process K-1 visa's and 6-10 months for K-3's . So unless you went back before the process was finished you be 'overstaying'. That's going to effect your visa petition. At some point you would have to go back and wait it out.

As far as just trying to move straight to ajusting your status....that would be very risky on your part. If you enter the US with no ties such as an apartment or a job it's going to be hard to prove that you didn't enter with the intention of staying. Then your are going to be in BIG trouble.....

How will you be entering the country in December? Visa waiver? Or do you have some other kind of visa?

I never needed a visa to enter the usa. I know that entering with the intent to stay is illegal, but i am hoping I dont have to intend on staying indefinately.

The question is because if you entered on a student visa (for example ) ...then got married and ajusted your status that would be an option.

If you just enter under the pretense of a visit and don't go back your risking a ban.

[Reba 2]

Can we get married in the states and go throught the paperwork while i live there (starting december)?

Not with intent, as you obviously do. You can go, get married, and then return to Canada tho.

Once the paperwork is started how long until I can live down there with her and work?

depends on what paperwork you do. If you try to get around the system and just leave Canada for the US at Christmas, get married and stay, you can stay indefinitely. You can't work tho until you get an EAD or Green Card. Which could take several months.

Whats a recent estimate of timeline before obtaining a greencard?

check the USCIS website for the district office where your girlfriend lives. It'll be quite some time before you have one tho.

If I stay down there and wait for papers to come, can I return to Canada when I want to during that time?

not and be allowed back in to the US, no.

Do I have no choice but to stay in Canada after we file the paperwork until it comes through?

pretty much, yeah. Them's the breaks

What are the costs associated with this...

check the USCIS website for the petition forms. You'll need an I-130, and an I-129F first for the K3 petitions. Then there's the medical exam, and a trip to Montreal or Vancouver for the interview. Then once you're in the US, there's the EAD and AOS applications.

The cost will all depend on what you choose to do at Christmas. I highly suggest you read the guides

above, and if you still have questions, ask some more.

[richardowen 0]

Can we get married in the states and go throught the paperwork while i live there (starting december)?

Not with intent, as you obviously do. You can go, get married, and then return to Canada tho.

Once the paperwork is started how long until I can live down there with her and work?

depends on what paperwork you do. If you try to get around the system and just leave Canada for the US at Christmas, get married and stay, you can stay indefinitely. You can't work tho until you get an EAD or Green Card. Which could take several months.

Whats a recent estimate of timeline before obtaining a greencard?

check the USCIS website for the district office where your girlfriend lives. It'll be quite some time before you have one tho.

If I stay down there and wait for papers to come, can I return to Canada when I want to during that time?

not and be allowed back in to the US, no.

Do I have no choice but to stay in Canada after we file the paperwork until it comes through?

pretty much, yeah. Them's the breaks

What are the costs associated with this...

check the USCIS website for the petition forms. You'll need an I-130, and an I-129F first for the K3 petitions. Then there's the medical exam, and a trip to Montreal or Vancouver for the interview. Then once you're in the US, there's the EAD and AOS applications.

The cost will all depend on what you choose to do at Christmas. I highly suggest you read the guides

above, and if you still have questions, ask some more.

Just for your information I just got my K3 and it took 10 months start to finish. Would have been quicker if we handn't had the forms for the I130 sent back 4 times....

Are you getting married in the US ? If so then it would be better to get a K1 cos you'll have much less hassle afterwards but don't know how long this takes....

Also look into doing Direct Consular filing from Canada.... it all depends on where you want to live while you wait for your visa.... we were both in London at the time so it was ok for us to wait for 10 months in the UK until I got the K3....

R./

[misa 2]

Where do you two currently live? Is she living in the U.S. and you are living in Canada? If so, you can't do DCF from Canada as they will only do it for U.S. citizens that are actually living in Canada.

[GA&CA 0]

Where do you two currently live? Is she living in the U.S. and you are living in Canada? If so, you can't do DCF from Canada as they will only do it for U.S. citizens that are actually living in Canada.

She is living in the USA. I am currently living in Canada. She cannot come here as she has her obligations there for another 6 months.

[Yodrak 7]

G,

The basic issue here is something that you should discuss in a consultation with an immigration attorney.

Yodrak

I am Canadian. My American Girlfriend and I are planning on getting married on Christmas. Now we are trying to decode this whole process. I have searched topics on this site for quite a while before posting.

My questions are :

Can we get married in the states and go throught the paperwork while i live there (starting december)?

Once the paperwork is started how long until I can live down there with her and work?

Whats a recent estimate of timeline before obtaining a greencard?

If I stay down there and wait for papers to come, can I return to Canada when I want to during that time?

Do I have no choice but to stay in Canada after we file the paperwork until it comes through?

What are the costs associated with this...

thanks for your patience and answers.

G

[GA&CA 0]

What are the cost associated with seeing an attorney ?

G,

The basic issue here is something that you should discuss in a consultation with an immigration attorney.

Yodrak

I am Canadian. My American Girlfriend and I are planning on getting married on Christmas. Now we are trying to decode this whole process. I have searched topics on this site for quite a while before posting.

My questions are :

Can we get married in the states and go throught the paperwork while i live there (starting december)?

Once the paperwork is started how long until I can live down there with her and work?

Whats a recent estimate of timeline before obtaining a greencard?

If I stay down there and wait for papers to come, can I return to Canada when I want to during that time?

Do I have no choice but to stay in Canada after we file the paperwork until it comes through?

What are the costs associated with this...

thanks for your patience and answers.

G

Edited December 2, 2006 by GA&CA

[mendeleev 68]

I have more complicated issues than you do.

During the summer I consulted with Mark Ellis "Marc Ellis" <marcellislaw@gmail.com> and with Laurel Scott "Laurel Scott" <laurelscott@visacentral.net> who gave me advice on different aspects of the issues I had with my fiance. (She is now my wife -- thanks Laurel -- and that is no diss on Marc, who was also very helpful on the aspects he addressed). They charge "reasonable" fees (less than a couple hundred dollars, probably) for a consultation. Laurel Scott specializes in difficult cases and yours does not sound difficult to me. (But I'm no attorney, so I needed to consult with a couple.) Mine isn't really difficult, either, as it turns out, just with some aspects a bit out of the ordinary.

Now, there are K1 shops who will charge you a lot (more than $1500) for the service of working the process to get a K1 visa. If you pay attention, are reasonably good with detail, and read these sites, you probably don't need that level of service.

But, as Yokrak says, you probably should at least consult with an immigration attorney. Other good ones, besides the two I mention, can for sure be found around here.

[Jersey Girl 2]

We're a Can-Am couple, and if we could do it over again, would opt for K1 instead of K3. For some reason, K1s got Montreal interviews quicker than K3s. Of course, all this could change tomorrow.

My suggestion is to choose a visa and get set for 6-12 months apart. The American can visit Canada, and you may (or may not) have success visiting the States.

It's a long journey, you'll need a plan to get through the separation, and that's the reality check you need. Be careful of lawyers who promise a quick visa. They may cost more time and money than if you submit the forms yourself.

[payxibka 10,045]

Are you getting married in the US ? If so then it would be better to get a K1 cos you'll have much less hassle afterwards but don't know how long this takes....

Once you are married (should you do this at Christmas), K-1 is no longer an option!!!

[Reba 2]

Cost of a lawyer will depend on who you go to. My husband went to 2 separate lawyers, the first didn't do anything for over 6 months, just "was too busy to start our case just yet" and the second filled out all the paperwork wrong, sent it to the wrong USCIS office, and delayed us a further 3 or 4 months. After the second one, my husband finally decided that maybe I should just do the paperwork myself

The monetary cost may or may not be greater than the cost of the time it takes to get a lawyer to file your case for you. Personally, I see no reason why a couple who does not have any criminal history or over-stay history, on the immigrants part, should need a lawyer.

[Flames9_RN 358]

We used a lawyer, as reba states if ur case is pretty straight forward (no criminal record, overstays etc) a lawyer doesnt do much for you. Really al lyour paying is for big bucks for them to fill out the paperwork. You stil have to gather all the evidence (long form birth cert, criminal check, school history etc) Not saying you shouldn't use a lawyer. Best to look over the stickies at the top of the forums and see if its a task your willing to handle. VJ is a great resource, but again its a public forum, and not al can be taken as gospel. If I were to do it over again 9straight fwd case) I would save the $2500 and do it on our own, lol Lot of examples on the gallery on hwo to fil out the forms, etc etc.

As other have stated K1 for fiance (not married) and can't get married until you have the k1 visa (otherwise you go the K3 or cr-1 route. K1 normally the fastest

k3, cr-1 route for married people. One can do the K3, cr-1 at the same time. Normally the K3 is faster than the cr-1, but not always the case. Again plus and minuses between the k3 and cr-1. Take time and read the stickies, It isnt that difficult. good info onthe Canada forum on VJ as well. Best of luck