Canadian marrying American in usa

[sma1488 155]

FIrst, your US citizen fiance files an I-129F through USCIS. If that gets approved, you apply for a K-1 visa. The interview for that must be done in Canada, and only two consulates do it: Vancouver and Montreal. You don't get to just pick the most convenient one for you.

[Sydney_bitless 0]

Wait, I have to have another visa before the k1? I'm confused.

[sma1488 155]

No, both steps are part of the same process. USCIS handles the I-129F petition for a visa, grants it, sends it to the NVC, which then sends it to your consulate (part of the US Department of State) for interview and final decision of whether to issue it or not.

Several different agencies are part of the same process.

[HK12 273]

Wait, I have to have another visa before the k1? I'm confused.

Sydney, I think it would really help if you read the guides, as someone else already suggested earlier. Reading them will help you answer MANY of your questions:

Here is the K1 guide: http://www.visajourney.com/content/k1guide

There are also other guides available for Adjustment of Status and the CR1/IR1 visa.

[dburnt 59]

I may be wrong, but I am guessing that the confusion is because you are discussing multiple approaches - each has its own rules and guide. Hoping back and forth amongst them will confuse you.

The K1 (which I just did) is filed by your fiance to bring you to the USA to marry. You do this before you get married, it takes several months (some can be a few months, some (like mine) take closer to a year for some weird reason). Then you go to the US, get married, and do the remainder of the process (adjusting status) in the States. You cannot work or travel outside of the USA until the remaining process is complete.

The CR1 (spousal visa) is when you are already married, your spouse is in the USA and you are still in Canada. For that process, everything is up front (once you get the visa, you have a green card, and there is nothing further (until renewal or citizenship)...when approved, you can work, travel, etc. right away. Because it is all up front, the process takes longer - from what I've seen, usually at least a year.

If you are legitimately in the US and suddenly get married, then you would be adjusting your status (from the B1 which is usually the visitor stamp in your passport to permanent resident). I do not know what this process would be like, especially in your case. Unfortunately, unless you are in the USA now, and plan to still be there when you marry, (i.e. if you were to leave, and then go back on another visitor permit and get married) it might be perceived as fraud (as when you go back, you are actually going back to marry, not to visit). I cannot speak to how the adjustment process would work or whether you'd need to leave the USA and go back to Canada until the process finishes.

As stated, only Vancouver and Montreal do the K1 or CR1 visas, only a small number of doctors in Canada do the medicals (a couple in Toronto, a couple in Montreal, and a couple in Vancouver). There are no options available, although you can request to go to one over the other (generally, it is based on where you live in Canada, and what the workloads are).

[Smiley-one 13]

It is strickly a mail in to the Texas lockbox. You will either have your interview in Montreal or Vancouver. I came on a K1 Visa a few years ago and I was able to visit the US while the K1 was processing. You have to decide what is the correct option for you. Just remember that a K1 is a fiance visa that is a one time use Visa for entry into the US and gives you 90 days to get married. After you marry within the 90 days you have to file for Adjustment of status. The Adjustment of status will provide you with the 2 year condition green card. With this you will apply for work and travel authorization. You can not leave the US while the Adjustment of Status is pending without travel authorization which takes abolut 90 days to receive. The CR1 is for married couples and upon entry you are given your 2 year condition green card if you are married for less than 2 years. There are benefits to both you just have to decide what is best for you. You can not apply for either of these options directly at the consulate. You have to mail both in to the lockboxes provided in the guides provided on the Visa Journey site.

[Dualie 185]

Hi Sydney! I just thought I would share my two cents with you and hope it helps a little. The K1 visa seems to be a little faster, but it is more expensive. Whether you choose the K1 or the IR1 / CR1, you will spend months away from your significant other - there is no way of getting around that. As previous posters have said, the IR1 / CR1 visa allows you to work and travel immediately after entering the US at POE. The K1 has many restrictions in that regard. You must marry within 90 days of entry to the US, you must apply for EAD (employment permission) and AOS (adjustment of status) before you would be allowed to work or travel outside the US - and this could take a few months. What you choose to do should be what fits your plans as a couple. I would highly advise you to read the guides here and do your research. None of this is easy, and there is no fast way of doing it, but this site is a gem full of information and the people here have a ton of different experiences to draw knowledge from.

All that said, I will share with you that my husband and I decided rather quickly to marry during the Christmas holidays last year, at a courthouse in Texas, so my mom and step-dad could witness for us. I came back to Canada and have been crossing the border frequently to visit my husband when he is in town from work. We each live a little under 2 hours from the border, in opposite directions. Every time I cross, I bear in mind that I could encounter a CBP officer who decides that it is too risky to let me cross, and will send me back. I always carry a file full of strong proof of ties to Canada (ie : my car lease papers, an employment letter, bank statements showing recurring deposits of my pay, and debits of lease payment and car insurance; pay stubs). I also carry any correspondence from USCIS and NVC. I have never been turned away, but it could happen.

We are 8 months into the process, and looking at probably another 3 or 4...maybe more, it's hard to predict. Anyway, I shared all this in hopes that it gives you a little more information to use in making your choices. I wish you much luck in whichever direction you choose on your journey .

Edited October 21, 2014 by Dualie

[floridaboundcanuk 7]

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

First, if I were you I'd start posting in the dedicated Canadian sub-forum. There are different answers to the same questions depending on what country you hold citizenship with.

http://www.visajourney.com/forums/forum/93-canada/

Next, as I understand it you basically want to get married somewhere in the US semi-spontaneously. You can do this anytime to anyone legal in the particular state and local jurisdiction. You would first have to check with them what their laws are. For example, I married my fiancee on the beach here in Florida and needed to know the local requirements to obtain my marriage certificate. That's the easy part. Once you get married you really only have one option, you'd have to leave at the end of no later than 6 months (since you're canadian) and apply for a spousal visa to legally return and gain all the necessary documentation that would allow you to work. This can take up to a year, potentially of which you will have to remain apart from your new spouse. Also, you would be smart to think about how you are going to set yourself up financially. The requirements for a married couple are quite high and as a new immigrant your credit rating would be an automatic zero. Your Canadian credit will not carry over. There are a few tricks and ways to work the system, but you'll have to be 110% committed to this process.

If you think you want to be less spontaneous and be engaged and marry after, it's the same year long wait with hoops to jump. To my knowledge you cannot apply for a K1 in Canada in person, it's all through the mail. You WILL need to make travel plans to go to Montreal or Vancouver to be interviewed in person at your own expense.

Hope some of this has helped.

Edited October 21, 2014 by floridaboundcanuk

[templeton 120]

It all depends on your situation. Since you are already legally in the US, you can technically skip the visa process (assuming you can reasonably demonstrate that you didn't have the intention to marry and stay until AFTER you had crossed the border). You just get married and apply to adjust status, but again, your decision to do so must be impromptu. Though technically legal, this is the "back door" route to a green card, and there are some potential pitfalls. You will likely encounter some additional scrutiny during the green card process. USCIS is under no obligation to grant you residency, so if they don't buy that your marriage wasn't preplanned, or if there are other red flags, they could deny your application and send you back to Canada. This means after all that you'd still have to start back at square one by going the visa route. You also need to keep in mind that you won't be able to leave the US for AT LEAST a couple of months after filing the paperwork.

If you have affairs that you need to get in order back home first, or better yet, just don't want to take the risks previously mentioned, the visa process is the "legit" method. Both types have their pros and cons, and you are allowed to visit while the process is underway (just be prepared to show strong ties to Canada when you cross the border), but in the end, once you have your visa, you know you're good to go. As others have said, read the guides to help decide which is best for you, should you go that route.

[slangofoil 50]

To sum up:

Option 1: Get married now, in the US (nothing illegal about that) - stay here and apply for Adjustment of Status. This is the quickest process. You'd probably get the green card within 6 months. You can apply for an Employment Authorization Document at the same time, which is usually approved within 90 days. You can also apply for Advance Parole at the same time, which allows you to leave the country and come back (you need this permission, otherwise any time you leave while your adjustment of status is pending, they will count you as having "abandoned" your application). Upside: No time apart - overall a quick process. Downside: you're not going to have this permission in time to travel for Christmas, so basically you'd be stuck here.

See the guide: http://www.visajourney.com/content/i130guide2

Option 2: Get married now, in the US (nothing illegal about that) - leave and go back to Canada. Start the process to get a CR-1 spousal visa. You can visit while all that paperwork is processing, but you won't have the actual visa for over a year most likely. Upside: you're a green card holder upon entry after getting the visa - no need to adjust status after you arrive - you can get to work and travel right away. Downside: takes a long time.

See the guide: http://www.visajourney.com/content/i130guide1

Option 3: Become engaged. Go home to Canada. Star the process to get a K-1 Fiance visa. You can visit while all that paperwork is processing, but could still be nearly a year before you get the visa. The visa is a one-time-use thing - you enter the US and have 90 days to get married. Then you have to file for Adjustment of Status in order the get the green card. With this too you can apply for Employment Authorization Document and Advance Parole. About 6 months to get the green card, but would likely get the EAD/AP within 90 days. Upside: Usually quicker than the CR-1. You won't be spending your first year of "marriage" apart (this matters to some people - it would have mattered to me, personally) - you'll just be engaged the whole time. Downside: still takes a long time, and those first few months in the US being unable to work or travel while you wait for EAD/AP can be very tough on people.

See the guide: http://www.visajourney.com/content/k1guide

If I were you I'd take Option 1. If you entered the US without planning on getting married and staying, then you haven't broken the law. Lots of people object to this "back door" being available, when they've followed the conventional route and are waiting months to be together, but that doesn't change the fact that the option IS open and IS legal. But it's up to you if you're willing/able to spend the next few months unable to leave the US while waiting for Advance Parole.

[Homer Simpson 7]

I agree with (stressed out),

in my case I am a Canadian married to a U S who was living with me in Canada since 2003. now my wife and daughter are in the USA to establish residency and domicile (as a requirement for AOS) since my wife is the sponsor along with the co-sponsor.

to make the story short, we first applied in February 2014 as IR1, and now we are in the process of getting the interview scheduled in Montreal, it took about 8 months so far and add to this 2-3 more till being in the USA.

I think in your case as K1 visa the best thing is take your time and it wont be more than 6 months for you to be in the USA then you have to get married ASAP (I think in 90 days) from date of entry as agreed and signed in the embassy at the time of your interview, otherwise you will be a subject of deportation from the USA.

Remember that your goal is to convince the immigration and the embassy, and since you are truthful about your case and marriage don't put yourself in the category of suspicion by getting in the states and getting married on a tourist visa since convincing them is natural in your case.

See, for Canadians you are automatically granted a tourist visa at the border that allows you to stay in the USA for (NOT MORE THAN 6 MONTHS) during which you cant work, marry, or do anything other than be a tourist, and although they don't stamp it on your passport, they record it on their system through scanning the bar code on the passport and they know when you leave the country since they have coordination with the Canada border patrol.

The only thing that screws up process is when people get in the states on a tourist visa and get married because you will end up

(1) Hiring a lawyer who will charge you to the roof (since your case will be challenged by the immigration and you are under a deportation order).

(2) your case will be processed from within the USA, that means longer time since they are backlogged in the national center.

(3) more fees on the way to change status, left conditions, mailing RFE, application fees for permits and so on.

(4) Harder time to convince the immigration about your marriage that it is not for profit.

I went through my case till now without any lawyers involved, and the only fees to be paid so far are the I-130, AOS, IV, Green card, Medical and postal, which total less than $1,100 US. all it takes is study, study and study and whatever challenges you or you don't understand you will find an answer for here in visa journey

I think for K1 it is less $$ but the only difference between yours and mine (I think) is you will need many proofs to convince the immigration about your relationship and what it leads to, which is not a problem in your case since you have them all.

good luck and be patient it will all be over in no time and you won't feel it .

Edited October 22, 2014 by Homer Simpson

[Udella&Wiz 325]

K1's are handled through either Montreal or Vancouver - depending on your province of residence, You don;t apply directly to either consulate though. Take a look at the Guides (in the top nav bar) and you may want to ask questions specifically in the Canadian forum since we're familiar with the Canadian process,

Don't waste your money with a lawyer - they charge plenty of money and they CANNOT make your VISA process go faster...despite what they say, it is entirely doable by yourselves and you'll find most of us in the Canadian forum have done it all entirely.

[Kathryn41 3,205]

Just a correction or two - first, as a visitor, you are allowed to get married in the US. If you had the intention of getting married when you entered, you can still get married, but you are not allowed to remain in the US but need to return to Canada while a petition for a CR-1 visa is processed. (Your US spouse starts the process off by filing an I-130 petition)

If, when you entered the US, you had no intentions of getting married on that visit but ended up doing so, then you are allowed to remain in the US with your US spouse and instead of applying for a visa to enter the US, you would apply for permission to remain in the US instead. If you had no intention of getting married when you entered the US, you are allowed to do this and it is a legal option. You do not have to leave the US while this is being processed - in fact, you really can't until you receive either the green card (permission to live in the US as a permanent resident) or a special travel document called an Advance Parole (you apply for this at the same time as you apply for your green card).

As mentioned above, if your personal circumstances allow you the option to remain in the US for the months required to process either the AP or the Green Card, then you can apply for a green card and stay. If your personal circumstances are such that you need to return to Canada to tie up your affairs and can't wait a few months, then you will want to pursue a spousal visa - the CR-1 visa - which will give you permission to live in the US as a permanent resident after it is granted.

The choice is up to you.

One additional consideration - CR-1s are only handled through the US Consulate in Montreal. K-1s are handled by both Montreal and Vancouver Consulates.

Edited October 22, 2014 by Kathryn41

[raven52 233]

DO NOT, throw your K-1 rights away!!!

Do not get married here in USA!

File K-1 visa, and go back to Canada, you can visit!

If you do K-1, you are anywhere from 1 month to 6 months, depending on the Service Center you are sent to, CSC, is 30-60 days, TSc, is 5-6 months.

CR-1 is a 12 to 16 month ""nightmare"".,.,.,., it is up to you.,.,do not do anything on a ""spur"" of the moment, that gets you an CR-1.,.,.,.and 1 and 1/2 years!

[Stressed Out 81]

We were only advising her that if it's a truly spur of the moment decision to marry before her visit is over then she can legally apply for an AOS and not have to go back to Canada at all. Technically that option is available only because there are rare cases like hers that people do that, but she has to have lots of proof on paper that she didn't enter the US with that as her plan. It's a little risky to me, simply because you have to have so much proof and are under so much scrutiny that even an innocent person might be found guilty of fraud. I believe the K-1 is still the smartest decision.