What to do now?

[amu123 0]

Hi everyone! New here, so I hope this post is in the right place!

Background:

I am Canadian, and my fiance is American, we first met online -not a dating site- and met up in person in Orlando 2010. Since then we have visited each other in Canada and the USA, meeting friends and family and having fun.

We got engaged on the 24th of January 2014, on the gondola ride at the Venetian in Las Vegas!

So now we are planning everything for the wedding, and don't know what route to take for me to legally enter the USA to live, work, etc.

Any tips, advice, and resources you all can offer is greatly appreciated!

What other information might you need from us to point us in the right direction?

THANK YOU!!

[JohnR! 5,495]

Congratulations!! You need a K-1 visa - fiancee visa.

check out this link --->http://travel.state.gov/content/visas/english/immigrate/types/family/fiance-k-1.html

Good luck!

Edited February 3, 2014 by Gegel

[amu123 0]

Thank you!

I've been reading that the K1 can take from 5 - 9 months, in some cases longer to process. We were hoping to have the wedding on the 3rd of September this year.

A friend suggested maybe looking at the K3 visa as another option?

[JohnR! 5,495]

If you guys get married, you need to go the CR/IR route. It takes longer than the K-1 visa, hence my not mentioning it. The K-3 visa has all by disappeared because in reality it took as long as the CR/IR. If you plan well, and if you gather the documentation the USCIS will require, you can have your visa on hand in 6 months. Don't be dismayed and don't give up. Use that time to tie up your lose ends in Canada, plan your wedding and time will fly by.

[Harpa Timsah 13,258]

You either get a K-1 and enter the US to marry and immigrate, or you marry and then leave the US and wait a year for a spousal visa. I would do K-1 and change the wedding date. K-1 are going pretty fast right now, so you might make it, but you can never be sure. Good luck.

Edited February 3, 2014 by Harpa Timsah

[Ontarkie 14,193]

~~Moved to What Visa Do I Need - Family Based Immigration, from Adjustment of Status from Work, Student, & Tourist Visas~~

[NikLR 13,227]

Agreed... the fastest is the K1. The CR1 is the better visa IMHO because you get the green card when you enter the USA after obtaining your visa.

But you have to be married first. with the K1 you must marry in the USA... you will need to wait 2-3 months before you can leave the USA or work.

[amu123 0]

Thank you all for the information!

@NLR Thank you for mentioning the 2-3 month rule! We have a cruise already planned for this year for October!(Before engagement happened, and all this planning began). We had decided the timing of the wedding so the cruise would be our honeymoon since it was already planned.

I did a little reading and found something called Advanced Parole? Anyone have experience with that?

Starting to sound like changing the date by a couple months might be the easier route, darn.

Appreicatie all the help though! Thank you all again!

[sheeshkabelle 153]

Thank you all for the information!

@NLR Thank you for mentioning the 2-3 month rule! We have a cruise already planned for this year for October!(Before engagement happened, and all this planning began). We had decided the timing of the wedding so the cruise would be our honeymoon since it was already planned.

I did a little reading and found something called Advanced Parole? Anyone have experience with that?

Starting to sound like changing the date by a couple months might be the easier route, darn.

Appreicatie all the help though! Thank you all again!

Your only options are K-1 Fiancee visa or get married and apply for CR-1 visa.

You can still go on your cruise while a K-1 or CR-1 is processing. You'll be treated as a tourist and have to go home after 180 days in the US. If you go that route and visit while a CR-1 or K-1 is processing, make sure to bring sufficient evidence that you will return to Canada after your trip.

Advance Parole would not apply to your case.

Advance parole only applies if one hasn't received permanent residency yet and wishes to leave the country while it's processing.

• an application for adjustment of status pending.
• been admitted as a refugee or have been granted asylum.
• been granted benefits under the Family Unity Program.
• been granted Temporary Protected Status.
• an asylum application pending.

[Zedayn 485]

You can compare the K-1 route and CR-1 route here and decide which is better for you: http://www.visajourney.com/content/compare

[amu123 0]

Thank you everyone!

Now we just need to discuss some things and decide what we're going to do before starting any paperwork.

You've all helped clear up some things that were a bit confusing.

[NikLR 13,227]

Advance parole is what you would need to get 2-3 months after marriage in the USA to be able to go on that cruise. The green card will take up to a year to get, but EAD (work authorization) and AP will take 2-3 months after you file for the AOS after marriage if you go the K1 route.

As a CR1 you have the green card right away so you can travel or work. The beneficiary can collect EI as well but as a K1 holder won't recieve anything until EAD is granted but will recieve right away with the CR1.

The major options are: You can stay with your current plans. Have the wedding, send away the petition to start the CR1 path, go on the honeymoon etc... You won't be able to live together in the USA until after the visa is granted which takes about a year.

The K1 plans means you'd have to cancel the wedding. If the beneficiary enters the USA after activating their one time use K1 visa, they cannot leave the USA until they have that AP card. But you can live together right away after marriage. It's also faster and tends to happen in 6-10 months vs a year.

I agree with the major discussions before deciding. Remember after marriage you an also move up to Canada instead, which doesn't require a couple to file beforehand. You can do it all IN Canada but it takes longer.