Newbie Canadian needs some help eh!

[canadianhottie 0]

Hey all,

Please bear with me, I am a newbie

OUR SITUATION:

Me: Canadian Citizen

Sweetie: US Citizen

Us: As a Canadian I can go to the US without a visitor’s visa and stay up to 180 days I will be going and during that 180 we will get hitched!!! So excited

We have not filed ANYTHING no K1 etc etc. Looking for some guidance

Question:

- since I will be in the US and we will be getting married, can I stay while we file the paperwork? Or will I still have to go back to Canada while the forms are filed and approved? Would that be a K3?

- Is it better to stay in Canada and file a for a K1? And wait to get married?

- Don’t want to break any laws and prefer to do things the right way

- Should we get a lawyer to do all the paperwork? I have no problem paying a lawyer if it speeds up the process and gets the papers done right!

Any advice would be greatly appreciated, thank you all

Best Wishes, and Happy Visa’s!

[de_sjiem 0]

If you go over to the states with the intention of getting married, you would likely have to return to canada and file for a K-3.. and be separated while married.. Not my idea of fun..

You can technically go there, get married and file for your greencard from there, but then you would have to prove that you didn't have intent to immigrate when you last came over from Canada, and that might be difficult because it looks like that wont be the case...

I would suggest filing for K-1.. it doesn't seem to be horridly long, you can still probably go visit your sweetie in the mean time (i did, wasn't so hard) just make sure you can prove that you will come back home after the visit..

I did not use a lawyer.. I dont think it would speed up the process any... The forms are easy enough and there are plenty of people here willing to help!

A suggestion.. dont know how long it takes now, but when i was working on my K-1, it took a while to get your Long form birth certficiates (at least in ontario it did) so try to get that ASAP.. Make sure you have proof of having met your sweetie in the last 2 years.. pictures work well.. you dont have to have border stamps on your passport (another thing you will need if you dont have it, get it!) Anyways.. good luck!

[canadianhottie 0]

If you go over to the states with the intention of getting married, you would likely have to return to canada and file for a K-3.. and be separated while married.. Not my idea of fun..

Not my idea of fun either, we have spent so much time apart..not really into being separated while married!!

You can technically go there, get married and file for your greencard from there, but then you would have to prove that you didn't have intent to immigrate when you last came over from Canada, and that might be difficult because it looks like that wont be the case...

I have also heard that if you go that route it is alot more difficult to get Work authorization etc. I would rather do things the proper way rather be honest

I would suggest filing for K-1.. it doesn't seem to be horridly long, you can still probably go visit your sweetie in the mean time (i did, wasn't so hard) just make sure you can prove that you will come back home after the visit..

I agree! well I have my employment contract plus car payment, insurance payment info, what else do you think I would need?

I did not use a lawyer.. I dont think it would speed up the process any... The forms are easy enough and there are plenty of people here willing to help!

A suggestion.. dont know how long it takes now, but when i was working on my K-1, it took a while to get your Long form birth certficiates (at least in ontario it did) so try to get that ASAP.. Make sure you have proof of having met your sweetie in the last 2 years.. pictures work well.. you dont have to have border stamps on your passport (another thing you will need if you dont have it, get it!) Anyways.. good luck!

thank you so much! Lucky for me I already have the long form birth certificate and the border guys have been stamping my passport every time got to say the US Immigration guys at Pearson are very nice!

Thank you so much for your assistance, much appreciated!!

[mhymers 0]

I am in the same situation. I am Canadian, and my guy is American.

I also went the K-1 route. It means you don't need to be seperated after you get married, and it doesn't take THAT long... We filed in October, and our interview should be coming up next month.

We didn't use a lawyer, if your case is pretty simple, then you shouldn;t need one, as long as you read all the instructions carefully.

I would also bring your return ticket with you if you are flying back and forth, and a letter from your employer as to when you are expected back to work. I wouldn't hand any of that info over to them unless they ask for it... Answer their questions but don't volunteer any extra information.

:-) Ask for help if you need it, and welcome to the Journey.

[Cristy 4]

I too would suggest K1. We are a CanAm couple going that way. It seems to be the fastest. Good luck and welcome!

[daisy16 0]

Check out the VJ timelines and ppl's signatures. Mine was about 5 months.

[canadianhottie 0]

Thank you so much for the support!

I can see how everyone says they are getting somwhat addicted to the site!

I am currently working in Canada so I am sure that will keep me somewhat (or not ) occupied while all the paperwork is being completed. Also i guess will help if I want to go visit as I have a job to go back to

For those of you using the Montreal office question: Do they allow/promote your American sweetie to come with for your interview?

Just to be clear, I legally cannot go to the US to live until I get that final visa (post montreal interview) am I correct? Sorry for being so dense, learning curve!!

Just so excited to get down there and start our lives ...hopefully find a job etc etc..

thanks for your support all

Happy Visa's!

Canadian Hottie

[pri 0]

For those of you using the Montreal office question: Do they allow/promote your American sweetie to come with for your interview? Yes Montreal allows yr fiancee for the interview

Just to be clear, I legally cannot go to the US to live until I get that final visa (post montreal interview) am I correct? Sorry for being so dense, learning curve!! upto 6 mnths only but cannot work and you dont hv a status so you wait unti yr interview

Canadian Hottie [/font] [/size]

[zyggy 9]

For those of you using the Montreal office question: Do they allow/promote your American sweetie to come with for your interview? Yes Montreal allows yr fiancee for the interview

Just to be clear, I legally cannot go to the US to live until I get that final visa (post montreal interview) am I correct? Sorry for being so dense, learning curve!! upto 6 mnths only but cannot work and you dont hv a status so you wait unti yr interview

Canadian Hottie [/font] [/size]

1) Yes your fiancee can antend the visa interview.. I was there for my then finacee's interview. They ended up asking me more questions than her...

2) No, you may not come to the US to live until you have a visa that permits that... a K1, K3 or CR-1. You can however visit as long as you can demonstrate that you do not have the intention of remaining in the US as an immigrant during that entry. Canadians are permitted to visit the US for up to 6 months. During this time as a visitor you cannot work or do anything that a resident would do...

Start your lives together after the visa is granted... anything before then is just a waste of time and energy. Spend your energy to get through the process and tying up any loose ends that you still have in Canada so you can begin your lives together on a clean slate. Don't bother looking for a job, you can take a look to see what is out there, but I wouldn't put in any applications or have any interviews. No one is going to want to talk to you until you have employment authorization in your hands.. However, you can spend this time planning your wedding, looking for living arrangements, etc.

As a sidebar, if you are employed now, Canadians are authorized to collect EI in the US for a period of up to 9 months if you quit your job in order to relocate to be with your husband/fiancee.

Edited March 10, 2006 by zyggy

[canadianhottie 0]

Thanks!!!

Well its seems like the average processing time from start to finish (K1 received and able to move) is about 9 months give or take a few.. And thats no so bad compared to the entire lifetime we will have together!

EIther way I will start getting all my documentation in order to make sure I am ready!

Already have the B/C long form, waiting for my Office Divorce Judgement Certificate.

Can I get the RCMP clearance ahead of time? Or does it need to be done at the time of the application?

Thanks

Happy Visa's

[zyggy 9]

Thanks!!!

Well its seems like the average processing time from start to finish (K1 received and able to move) is about 9 months give or take a few.. And thats no so bad compared to the entire lifetime we will have together!

EIther way I will start getting all my documentation in order to make sure I am ready!

Already have the B/C long form, waiting for my Office Divorce Judgement Certificate.

Can I get the RCMP clearance ahead of time? Or does it need to be done at the time of the application?

Thanks

Happy Visa's

If you have no criminal record, You should get your police certificate after you have received Packet 3 from the Consulate. If you do have a criminal record, you should get your fingerprints done and send them into the RCMP in Ottawa.

All you can do now is wait...

However, you need the divorce judgement to be able to file the I-129F.

Edited March 10, 2006 by zyggy