Canadian marrying American in usa

[Sydney_bitless 0]

My late mother was American but unfortunately I couldn't attain citizenship through her. She had permanent residence in Canada, not citizenship but didn't live in the usa for an extended period after I was born. I visit relatives frequently all over the usa and grew up just 45 minutes south of the border in Canada (that's a geography lesson there) Through school I met my boyfriend in Oklahoma, almost four years ago. I currently am visiting him in Missouri and after hiring a lawyer, watching her take my money and run I'm still lost and confused. Here are my questions:

1. I've been told by border guards I can get a k1 visa. How long a wait generally do you expect after applying?

2. I'm already here visiting, do I have to have a k1 and go back to Canada? What other visas are available and what's the process?

3. If we get married this weekend (for example, not going to happen) would not getting the k1 impact anything if I don't leave?

4. What other visas are there and how long do they generally take, what procedures etc.

I'd really love to be able to come back after Christmas.

We already know about proving our relationship, finance records, housing etc. What else should we get together or expect?

Thank you!

[sadavis5 46]

Start reading the guides:

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

[Stressed Out 81]

I don't know much about the K-1 route myself since I was already married when we decided we wanted to move back to Oklahoma. Some on here I've seen say that it's slightly faster than a CR-1 visa (for couples with marriages younger than 2 years....requires removal of conditions later on), but as to just how fast it is I don't know. For us the IR-1 (immediate residency/work permit for couples married over 2 years) has been filed directly through a foreign USCIS field office at the Frankfurt consulate, and DCF is the fastest route they say, but Canada doesn't allow DCF at any of their embassies and I don't think it's available for the K-1 anywhere.

Hope this might help, and that others respond who know more on Canada and the K-1.

A comparison guide to all possible visas...including estimated costs, etc.:

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

[Pitaya 2,577]

~Moved from K1 Process to What Visa Do I Need Forum~

[Sydney_bitless 0]

Thank you. The guidelines do not exactly specify if I can get married here without a k1 visa. So I guess my question is if I don't go back and get a k1 can I/what visa would someone recommend. There's an office in the city here I was talking about with a friend (who's from Pakistan) who married his wife then went to the office for an interview. He said it didn't even take a month.

I'm assuming that's a spouse visa? (I'm still confused on them) do you have to have a K1 first. I hear of people crossing the border and being explicitly told not to marry while visiting. Why's this? Is there a penalty??

[Stressed Out 81]

Getting married isn't illegal, it's overstaying your VWP visit that's not allowed. Technically you could get married, but would have to return to Canada to start the process of a CR-1 visa. You could also stay, but with the Adjustment of Status there's a risk of being found guilty of fraud since you have to prove you didn't enter the US with intentions of not going back home.

Basically the K-1 allows you to enter the US, get married and then not have to say goodbye to your new husband since the visa allows you to continue the process from within the US legally.

Edited October 21, 2014 by Stressed Out

[Sydney_bitless 0]

Thank you! So what about just going directly to the consolate? They would probably question about me not having a k1? There's one in the city here. I do intend to go back to Canada but I don't want to wait months to be able to be with my guy. I need to see my family for Christmas so not going back isn't an option. My mother passed away earlier this year and Christmas will be a tough time I'm sure.

[Sydney_bitless 0]

Also there's a is consolate a few hours away in Canada. Would it be wise to marry in the US and go to the one in the city in the usa or marry in Canada then apply at that consolate? This is all so confusing but you guys are being helpful. At least I'm not waiting two weeks for a reply from the highly recommended lawyer... That was a nightmare.

[Stressed Out 81]

Well it'd be one thing if you got married during this US visit (I know it was just a joke), just a spur of the moment decision. But, going back to Canada and coming back to the US, getting married and then staying to apply for AOS would indeed be considered fraud as it was all pre-planned.

If you ask me, I would probably just stay in Canada and wait for a K-1 approval, since so many think it's faster than the spousal visas. There's been plenty of people who have visited their loved ones in the US while there's a pending K-1 petition on their record. If you don't like that risk, then maybe your guy could come visit you in Canada. Luckily there are no oceans separating you.

[Sydney_bitless 0]

We are talking about getting married before Christmas. I guess spur of the moment deal. We've known each other for almost four years. Marriage has been thoroughly discussed and like I said, I paid a lawyer who hasn't been the help we paid for.

[Stressed Out 81]

Well then the marriage would have to take place before your permitted stay in the US is up and you're required to go home, as you clearly came to the States with no intentions of immigrating originally. Then check this out and start to learn the ropes a bit:

http://www.visajourney.com/content/i130guide2

Then you might post a new thread in the Adjustment of Status boards so that you'll get help from people who have experience with that particular situation. Hope I've cleared a little of the fog up for you.

Edited October 21, 2014 by Stressed Out

[sharda 8]

you can apply for a K-1 but you have to be in Canada. K-1 can be up to 9 months

Being there presently , you can marry and adjust your status.

If you get marry in the US, you will no longer be eligible for K-1 you will be eligible for CR-1 ( spousal )

The option that you have are either K-1 which needs to process with you being in Canada as K-1 visa allows you to enter the US for marriage and the CR-1 spousal Visa is applied when you are married and living in Canada but if you are in the US and got married all you need to do is adjust you status.

Canadians do not travel on VWP.

Edited October 21, 2014 by sharda

[Sydney_bitless 0]

Thank you. You have been very helpful

[Stressed Out 81]

Canadians do not travel on VWP.

Yeah my bad, I never fail to forget that they don't use it.

[Sydney_bitless 0]

One more question. Does anyone know if it's possible to apply for a k1 in person at the consolate? Or is it strictly a mail order thing? I can't find it anywhere maybe I'm not looking at the correct faq