Canuck looking for advice

[JustaTT 4]

I would really love some guidance if anyone is willing.

Background:

Me: Canadian 36 years old with 14 & 11 year old kids

Him: 37 US citizen

Been dating over a year, take turns flying to each other every couple weeks. Looking to get married and live in Georgia.

He has a great job and a home to accommodate us all. We almost went to city hall last visit to get married. My question...what is the quickest way to get myself and my 2 children to Georgia to stay. He's hoping to have us there by the summer so my kids can start school with his in August.

Please tell me the pros and cons of getting married there. I realize the k-1 is the legal way to go but I'm looking for honest opinions on the marriage route.

Thanks for your time.

[Teddy B 17,252]

Are you asking about the difference between the K-1 fiance visa and the CR-1 marriage visa?

[slowlyman 118]

A K-1 will get you and here in about 5 - 7 months. (fiance visa)

CR-1 will get you here in about a year. (spouse visa)

You can read the guides to get a better idea what is required for each

http://www.visajourney.com/content/k1guide

http://www.visajourney.com/content/i130guide1

I would really love some guidance if anyone is willing.

Background:
Me: Canadian 36 years old with 14 & 11 year old kids
Him: 37 US citizen

Been dating over a year, take turns flying to each other every couple weeks. Looking to get married and live in Georgia.

He has a great job and a home to accommodate us all. We almost went to city hall last visit to get married. My question...what is the quickest way to get myself and my 2 children to Georgia to stay. He's hoping to have us there by the summer so my kids can start school with his in August.

Please tell me the pros and cons of getting married there. I realize the k-1 is the legal way to go but I'm looking for honest opinions on the marriage route.

Thanks for your time.

Not sure what your asking here. You can enter legally as a fiance or a spouse.

[Ontarkie 14,227]

~~One post removed for advocating fraud~~

[NikLR 13,227]

Also to note OP the you must have either sole custody as per a court ordered custody agreement or have the permission of the children's father's permission to move to the USA. Cr1 grants everyone a green card upon arrival but you muat be married first but K1 is faster but costs more in the long run and takes longer to green card.

Edited January 21, 2014 by NLR

[JustaTT 4]

I do have sole custody as well as permission from their father. I was told if we came over for a visit and got married that would be the quickest route.

So you're suggesting a k-1 is the quickest?

[slowlyman 118]

You "should" get to the US faster with the K-1. things can happen, RFE, 221, etc. Additionally you will need to file for AOS, work authorization after you marry in the US. 2-3 months for the work authorization. 9 months for the green card.

People I have talked with who did the K-1 say they would go the CR route if they had to do it again. The K-1 is faster in the small picture, but in the big picture, it ends up costing more and causes more headaches.

If it was me, I would file the CR-1. You'll wait a year, but when you get here everything is done. During that time you can continue traveling to see each other.

[Teddy B 17,252]

I do have sole custody as well as permission from their father. I was told if we came over for a visit and got married that would be the quickest route.

So you're suggesting a k-1 is the quickest?

Coming to the US for a visit with the intent of marrying and staying in the country is misuse of the visitors visa and is not legal. If you state those intentions to the CBP at time of entry, you will be turned around and sent back. I get that Canadians don't actually receive visas, but they are still considered to be in a B2 visitors status. The B2 visitors visa/status is a non-immigrant visa intended for tourism only.

[NikLR 13,227]

The only chance you have of being there by summer will be to do the K1. Otherwise you're looking at next year this time (ish) for the CR1. BUT everyone will have a green card. Soooo do the comparison and figure it out.

What works for one doesn't necessarily work for another. We did the CR1 path because I needed to be able to travel and wanted to be able to collect EI or work asap. The main reason I've discovered that people go the K1 is both speed, and because they really don't think they could live apart after marriage.

[JustaTT 4]

I'm hoping for speed, but mainly looking at getting the kids enrolled in school prior to the start of a new school year.

Pardon my ignorance, if we enter on a k-1 would the kids be able to enroll in school? We are all financially able to handle me not working for 90-120 days while I wait for permission to work. I'm just really unsure of the best possible route for my particular situation.

I really appreciate everyone's insight and advice. It's great to speak to others that have gone through this.

[slowlyman 118]

I'm hoping for speed, but mainly looking at getting the kids enrolled in school prior to the start of a new school year.

Pardon my ignorance, if we enter on a k-1 would the kids be able to enroll in school? We are all financially able to handle me not working for 90-120 days while I wait for permission to work. I'm just really unsure of the best possible route for my particular situation.

I really appreciate everyone's insight and advice. It's great to speak to others that have gone through this.

If you hope to get the kids here before school, you should be filing the K-1 like........................now.

We filed the 129f on Dec. 27 she arrived here July 5th.

Edited January 21, 2014 by slowlyman

[Kathryn41 3,205]

Just so you are aware, the school year in Georgia starts the first week in August so I am not sure you would have enough time for any process to be completed in time for the kids to register and start in school. The K-1 is definitely the faster of the two processes, especially if you live in Western Canada and can go through the US Consulate in Vancouver. If you live in Eastern Canada, then you would be processed through the US Consulate in Montreal, which is traditionally slower.

If you had married 'on the spur of the moment' when you were last here, you could have remained in Georgia and applied for permission to become a permanent resident. It is legal to get married and apply to remain in the US IF you had no intention of doing so when you last entered the US. It is illegal, however, to enter the US as a visitor with the intention of marrying and applying to remain in the US. That is considered Visa fraud - knowingly using a visa issued for one reason as a means to bypass the process involved for the correct visa. Canadians who cross the border are considered B-2 visa 'visitors'; they just don't have to go through the process of obtaining the paper visa first. While people do take this route and some do get away with it, it is illegal and can come back to haunt you at any time in the future - which can make for a very uncomfortable burden hanging forever over your heads. Misrepresentation is considered one of the most serious 'offenses' to USCIS. While it may appear 'attractive' in the short-term, it really isn't worth it in the long-term risk. Immigrating legally is already stressful enough - adding any element of illegal activity to the process and it becomes even more so. If your relationship is important and worth pursuing, it is worth doing it 'right' so you don't have to worry about immigration officials showing up on your doorstep one day in the future or a current 'bad choice' lead to a denial of future benefits.

The immigration process isn't a one step process; it doesn't stop once you get to the US. There are additional steps you have to take in order to be allowed to remain in the US, whether you come on a K-1 visa or a CR-1 (spousal) visa. Basically, if you have been married for less than 2 years when you become permanent residents (get your 'green cards'), your status in the US is 'conditional' and your green card is only valid for 2 years. Before those 2 years expire, you need to apply to remove those conditions by proving you have a valid marriage and are of good moral character, which means you have not broken any societal or immigration related laws or regulations.

I don't know what the current processing times are for visas from Canada- they are not typically among the faster processed visas world-wide. It may be possible to get a K-1 visa and arrive in 6 or 7 months time, however, you would still have to get married and apply to become a permanent resident. I am not sure what would be involved in obtaining permission for your children to attend school before they are permanent residents of the US - or at least have applied to become permanent residents. They may require student visas or at the very least have to pay out of State student fees. This is something that you need to check into with the school board where you plan to live: what are their requirements for students to be registered, and by what date do the students have to meet those requirements. The answer to these questions may help you in your decision about what visa process to pursue.

Good luck! I'm another Canadian who moved to Georgia to marry my US fiance, and I have found Georgia a lovely place in which to live - especially in Winter!

Edited January 22, 2014 by Kathryn41
correct sentence structure

[Boiler 45,527]

I would focus on 2015 school year.

[JustaTT 4]

Thank you Kathryn41 for such a detailed response. I'm located in Ontario so I will have to go through Montreal. I think we are definitely going the K1 route...I would hate to have the worry of marrying first come back to haunt me.

How long ago did you make the journey?

I've made an appointment with an immigration lawyer for a consult. I figure that it will be $220 well spent. At least I hope it will be.

[Boiler 45,527]

Most Lawyers do not charge for an initial consult, and you can read up on the K1 here for free.