Studying in the US while waiting for a CR-1?

[KodiakBehr 2]

Hello!

I am a Canadian citizen who is recently engaged to a US citizen. I wish to eventually live and work in the United States, and obtain my Masters Degree there.

My understanding, and tell me if I'm going about this the wrong way, is that the "best" option for me is to marry, for my wife to then submit a CR-1, and then spend the next eleven months going through the approvals process before arriving, receiving my green card, and only then will I be permitted to enroll in an American university.

Or is it better to apply for a student visa, then apply for an Adjustment of Status?

If I have a CR-1 underway, will I not be permitted to visit my wife in the US?

This is all new territory for us, so we would be grateful for any advice you could offer. Thanks!

[William S 0]

Since you are just engaged and not married, you would go thru K1 Visa process in order to marry in US. You can of course get married in Canada and go thru the CR-1 process as well. K1 process can start now but CR-1 will have to wait till you are actually married.

Student Visa is a no intent to immigrate Visa which basically means you are declaring that you have no intention to move/immigrate to US. Obviously, that is not the case for you since you intend to marry your fiance and immigrate to US. This route is illegal but used by many. They claim they came to US, and met someone special and just had to get married. (AoS process) Obviously that would be a lie in your case and if USCIS ever finds out you lied on their petition, it would cause serious problem with your petition(s). Illegal way is faster but It would be up to you to take the risk.

Edited December 30, 2013 by William S

[KodiakBehr 2]

Okay, good to know. US universities are off the table until the marriage paperwork is in place.

Presumably we can also just get married in the US right away and file the CR-1 the day after? The wedding ceremony could, in that case, be postponed until a later date, but the marriage would be legitimate and legal as soon as the paperwork is filed?

Can I still enter and leave the US as a visitor if I have a CR-1 application underway?

[Ryan H 3,812]

Presumably we can also just get married in the US right away and file the CR-1 the day after?

Can I still enter and leave the US as a visitor if I have a CR-1 application underway?

Yes and yes

[William S 0]

Yes and yes

It seems that border agents are extra careful when it comes to visitor who are already in CR-1 or in any other immigration processing. Technically you can enter US as a visitor for up to 6 months in a given year but I hear that they stop some who doesn't show strong ties to their home country (Canada in your case).

Some sort of paper that shows that you intent to return to Canada after a visit (mortgage/rent paper, job/employee verification, return ticket if traveling by public transportation, etc) usually help when you go thru the border.

[William S 0]

Okay, good to know. US universities are off the table until the marriage paperwork is in place.

Presumably we can also just get married in the US right away and file the CR-1 the day after? The wedding ceremony could, in that case, be postponed until a later date, but the marriage would be legitimate and legal as soon as the paperwork is filed?

Can I still enter and leave the US as a visitor if I have a CR-1 application underway?

If you intend to get married in US, you must go thru K1 process. If you come without the K1 visa and get married in US, then you have to go thru the AoS process and not CR-1 process. This will put you back in the grey area....

[Ryan H 3,812]

If you intend to get married in US, you must go thru K1 process. If you come without the K1 visa and get married in US, then you have to go thru the AoS process and not CR-1 process. This will put you back in the grey area....

If one is intending to STAY in the US after getting married then the above is correct. However, if one intends to return to their country after getting married, then the above is incorrect.

[KodiakBehr 2]

Yup, and it's the latter case. I'm getting married this Friday, then I'll continue to live patiently in Canada, visiting on the weekends (assuming the border guards are okay with that) until I get permission to live in the US.

Given as I've been crossing that border every weekend for over a year, I doubt there is any concerns that I'll return as normal, but I've got a job and a mortgage in Canada to use as supporting evidence.

[NikLR 13,227]

Visiting should be fine.

FYI to study in the USA can be very expensive. Most schools want you to be a resident for a year before the give you in state tuition rates. But with a CR1 you can do EI or work right away.

I always took my evidence with me (employer letter, proof I was leasing, a few bills, and had a return ticket because I always flew) but was never asked for it. Always be truthful, polite, and friendly.