Classic K1 vs. CR1 question...

[KodiakBehr 2]

Hello!

I am a Canadian citizen who plans to marry a US citizen and emigrate to the United States.

We have a wedding date in Canada set for July. If we get married earlier in the US...say, in January, we can presumably file a CR1 right afterwards.

But if we instead file immediately for a K1, not get married in the US right away, and then get married in Canada in July, does that invalidate the status of the K1 (because we are now wed, albeit in another country)? We would hate to file a K1 and then have the clock reset for us because we would have to file an IR1 instead because we got married in July.

Grateful any insight.

[dwheels76 5,468]

Hello!

I am a Canadian citizen who plans to marry a US citizen and emigrate to the United States.

We have a wedding date in Canada set for July. If we get married earlier in the US...say, in January, we can presumably file a CR1 right afterwards.

But if we instead file immediately for a K1, not get married in the US right away, and then get married in Canada in July, does that invalidate the status of the K1 (because we are now wed, albeit in another country)? We would hate to file a K1 and then have the clock reset for us because we would have to file an IR1 instead because we got married in July.

Grateful any insight.

Yes you will void your K1 process getting married. Married Canada or wherever is married in US. And also there is no guarantee even with a K1 you would be complete with proicessing with Visa in hand by your July date thats why they say make no concrete plans.

[lost_at_sea 995]

You can't marry any where other than in the US within 90 days of entry on a K1, if you go that route.

If you want to get for-real married in Canada in July, you'll have to wait to file the I-130 until right after. If you want to file the I-130 asap, marry ASAP and have the big second wedding in Canada later.

You don't need to marry in the US (you can marry anywhere - Canada tomorrrow will do) to start the I-130 process, nor do you need the K1 to marry in the US, so long as you are planning to return to Canada after the wedding to await the processing of your petition and visa (once you enter on the K1, you can't leave the US until you have the correct papers after marrying - at least 3 months stuck).

K1 is for people who want to marry in the US and then STAY to legally adjust their status.

So, questions.

Where do you want to legally marry?

Do you want to move to the US fastest?

Do you want the cheapest route?

How set are you on the Canadian wedding in July?

Edited January 2, 2014 by lost_at_sea

[Zedayn 485]

A K-1 visa is a fiance visa...if you are married it will be invalid. If you want to file for a K-1, you will need to marry in the US within 90 days of your entry on a K-1 visa. You will also need to file AOS and at least your AP before leaving the country. Otherwise if you leave before you have your AP, you will need to file for a CR-1 visa. If the process goes quickly, you could get your K-1 visa, get legally married in the US, file your AOS and EAD/AP, and receive your AP before your wedding in Canada in July...however its very risky and not likely.

Your best bet is just to have the wedding ceremony in Canada and file the CR-1 visa after your ceremony.

[Ontarkie 14,369]

With the K-1 you must be married in the US after you get your visa. It's not likely you would get the K-1 in time to do a quick marriage in the US then file the adjustment of status to get advance parole to have your weeding in Canada in July.

[KodiakBehr 2]

Very helpful. Thank you all.

With this in mind, it would seem most sensible to get married in the US as soon as possible to fill out the I-130, and then have the wedding ceremony in Canada in July as planned.

[NikLR 13,231]

Very helpful. Thank you all.

With this in mind, it would seem most sensible to get married in the US as soon as possible to fill out the I-130, and then have the wedding ceremony in Canada in July as planned.

So you can get the party started then, yes this it the very thing I would recommend for you