fiance & me are at a loss and confused, please help

[bunny82 0]

I am Canadian and live in Canada, my fiance is American and lives in the US. We want to live in the US and begin our lives together there and finally be able to be together permenently. We want to marry soon, but after tons of research we don't know if we should marry here in Canada, or over in the US and we don't know how to go about this at all. I am getting very confused, because I keep reading that once you are in the US with your spouse, you can apply for an Adjustment of Status (and I think the I-130 petition beforehand or with the AOS app) and that it's the most ideal way to go. Then you are able to stay in the US with your spouse while the applications are processing. However, I have read on other sites, that if you try to apply for an Adjustment of Status that you could be charged with fraud and that you would be denied because when you entered, you didn't show immigrating intents, so therefore are not allowed to apply for AOS. How do people do it then? How are you supposed to be together and live together? We also could marry here in Canada, and then apply from the outside using Consular Processing. However, this can take a very long time (up to a year or more) and from what I am reading, this means I cannot go there and stay with him while it is processing, correct? I'm afraid I willl have to stay here. We will also be doing a vaccine waiver, because I am unable to get vaccines, and I don't know if I am supposed to apply for this waiver first, before anything else, or what. I am not sure of the order of operations. Then of course there is the fiance visa which I have been reading about. I didn't think Canadians needed any kind of visas to enter the US but am learning that we do apparently. How does this work? Could someone who knows about this please tell me what you think is best and help direct us to what we should do? We are really confused at this point. Thank you very much.

[sma1488 155]

I can't answer all of your questions, but I'll address some of them. The problem arises when you enter the US on a tourist visa or using a waiver program under the pretenses of a temporary visit when your intention is to get married and file for adjustment of status without leaving the country. You can come, get married (or get married in Canada, for that matter), file for a CR-1 (spousal) visa, and then return to your home country and wait for the process to play out. Alternatively, you can begin the K-1 (fiance) visa process, and continue to visit as many times as CBP allows.

Direct Consular Filing is supposed to be a quicker alternative if available in your country, but I don't know how it works in Canada. Generally there is a residence requirement for both people involved, which it sounds like your fiance would not meet.

I'll leave the other questions to someone with more experience in those areas.

[bunny82 0]

Thank you. I am reading more about the K-1 (fiance visa). You said I can visit as many times as I wish. I want to move there, not just visit. Will the fiance visa allow me to go there and stay and apply for AOS? I am also curious, do I file my I-160 waiver form along with my AOS forms or beforehand? How long does it take to get a K-1 visa? Can he start the application process now from the US? I didn't know that we both had to be in Canada for consular processing. This is all just so confusing and new to me, and hopefully some people here could provide some insight so we can start right away on this. Thank you very much.

[sma1488 155]

I didn't say as many as you wish, I said as many as CBP allows. There is always a chance, albeit a rather slight one, that you will not be allowed to visit while in the process of obtained a K-1. I have no idea what an I-160 waiver is. After you obtain your visa, you will enter the US and file for AOS, assuming you get married within 90 days of entry, which is the intended purpose of the visa.

How long it takes to get the visa depends on which state your American fiance is a resident of, among other things.

[bunny82 0]

Ok, thank you. My fiance lives in the state of Missouri. I am not too concerned about visiting during the K-1 processing, as he most likely will come here to visit. I was curious how long it takes on average if you might have an idea, and for this state. Thanks.

[sma1488 155]

If things continue the way they are at the service center that handles petitions from that state, 4-6 months is a good estimate.

[bunny82 0]

Ok, thanks, and is this from the time of filing the Petition for Alien Fiance to getting the actual K-1 visa, or just the K-1 visa alone? I guess I should have been more specific as I was curious about the timeframe of the whole process. Thanks.

[NikLR 13,227]

I am Canadian and live in Canada, my fiance is American and lives in the US. We want to live in the US and begin our lives together there and finally be able to be together permenently. We want to marry soon, but after tons of research we don't know if we should marry here in Canada, or over in the US and we don't know how to go about this at all. I am getting very confused, because I keep reading that once you are in the US with your spouse, you can apply for an Adjustment of Status (and I think the I-130 petition beforehand or with the AOS app) and that it's the most ideal way to go. Then you are able to stay in the US with your spouse while the applications are processing. However, I have read on other sites, that if you try to apply for an Adjustment of Status that you could be charged with fraud and that you would be denied because when you entered, you didn't show immigrating intents, so therefore are not allowed to apply for AOS. How do people do it then? How are you supposed to be together and live together? We also could marry here in Canada, and then apply from the outside using Consular Processing. However, this can take a very long time (up to a year or more) and from what I am reading, this means I cannot go there and stay with him while it is processing, correct? I'm afraid I willl have to stay here. We will also be doing a vaccine waiver, because I am unable to get vaccines, and I don't know if I am supposed to apply for this waiver first, before anything else, or what. I am not sure of the order of operations. Then of course there is the fiance visa which I have been reading about. I didn't think Canadians needed any kind of visas to enter the US but am learning that we do apparently. How does this work? Could someone who knows about this please tell me what you think is best and help direct us to what we should do? We are really confused at this point. Thank you very much.

During either visa journey you can still visit the USA. The adjustment of status is for people who a) have a visa that allows for that intent like a K1 fiance visa or b) spontaneously decide to get married and stay in the USA. If you truthfully announced your intentions to the CBP when trying to enter the USA, "I want to move to the USA and adjust my status" they would deny you entry. If you lie, that is misrepresentation and fraud, and if caught, you could face a lifetime ban from the USA.

So you have 2 options:

1) Get married, CR1 spousal visa process, interview in Montreal, arrive and have immediate green card - about 1 year in total

2) Be engaged, K1 fiance visa process, interivew in Vancouver or Montreal, get married, adjust your status to obtain a green card. - Visa takes about 6-10 months and AOS takes 6-12 months.

So discuss with your significant other the pros and cons of each route. One is faster to green card, and one is faster to visa. One is cheaper unless you live near Vancouver, and one is more expensive generally overall. One you can work and travel outside the USA right way, the other you need to get married, file the AOS, and wait about 90 days before you can work or travel.

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

Ignore the K3, it's very rare. Also ignore the part where it says you can't visit. Most Canadians don't have issues visiting, especially for short trips and if you have proof of ties to Canada. A list of items can be found here.

[bunny82 0]

Thank you for your help. Is the CR-1 the same thing as the K-3? Sorry I am fairly new to all of this and I don't know all of these terms yet. It seems to me like the K-1 (fiance visa) is best as I could probably get there sooner. This may seem like a silly question, but do they pay for your airfare to go to Montreal for the interview and can I choose Montreal over Vancouver? I honestly cannot afford tickets to either of these places. Which option is more expensive? The K-1 or the CR-1? If we are going to go the K-1 route, should my fiance start right away and do up the forms for Petition for Alien Fiance? What are the steps? You mentioned it takes about 6-12 months to get the K-1, the last person said it is 4-6 months for Missouri. I assume you mean from the petition until you get the visa it can be up to 12 months? Do you know anything about the I-690 waiver form.. ? I want to apply for this as I cannot get vaccines and wondering if I should do it here in Canada before going or if I do it once I arrive there and put it along with the AOS application after marriage. Thank you.

[NikLR 13,227]

Thank you for your help. Is the CR-1 the same thing as the K-3? Sorry I am fairly new to all of this and I don't know all of these terms yet. It seems to me like the K-1 (fiance visa) is best as I could probably get there sooner. This may seem like a silly question, but do they pay for your airfare to go to Montreal for the interview and can I choose Montreal over Vancouver? I honestly cannot afford tickets to either of these places. Which option is more expensive? The K-1 or the CR-1? If we are going to go the K-1 route, should my fiance start right away and do up the forms for Petition for Alien Fiance? What are the steps? You mentioned it takes about 6-12 months to get the K-1, the last person said it is 4-6 months for Missouri. I assume you mean from the petition until you get the visa it can be up to 12 months? Do you know anything about the I-690 waiver form.. ? I want to apply for this as I cannot get vaccines and wondering if I should do it here in Canada before going or if I do it once I arrive there and put it along with the AOS application after marriage. Thank you.

No CR1 and K3 are not the same. They are both spousal visas and they both start with an i-130 petition and after that the similarity ends. Don't even look at the K3 on the comparison, it's generally not worth the time or effort to bother with.

YOU pay for all your expenses. You pay for the petition, the visa fees, the medical fee (which has to be done at an approved panel physician) and any travel expenses etc. And by "you" I mean the beneficiary (immigrant) and/or petitioner. My husband paid for everything. I did all the paperwork pretty much. Where you go for the k1 interview depends on where you live in Canada. Manitoba and west go to Vancouver, and Ontario and east go to Montreal. Everyone goes to Montreal for spousal interviews. The Medical exams cost about $300. You'll also need to get a police certificate which is about $60.

The medical happens before the interview so your doctor would help you with the vaccination waiver. That would likely be submitted at the interview with the closed package from the medical exam.

If you plan on doing the K1 route, then read the guides for that. Your fiance will need some items from you for the petition package. 4 months is optimistic for the petition stage but it does depend on which service center you end up at but I think it's California for Missouri so it would be on the faster side. Texas is painfully slow at the moment. Then you contact the consulate, then you send them confirmation that you've done everything you're supposed to (fill out the visa application and pay the fee for that) then you book your interview, then you get your medical done before your interview.

The K1 is more expensive overall for fees. (petition, visa fee, adjustment of status fee.) About $1335 + medical and travel expenses

The CR1 takes longer but is a little cheaper (petition, affidavit of support fee, visa fee, immigrant fee) About $1030 + medical and travel expenses.

Generally:

K1 is faster to visa

CR1 is faster to green card

[bunny82 0]

Ok, thank you for your thorough response. As for the I-160 vaccine waiver, I didn't think I would have to apply for that at the time of the visa interview, I figured that would be completed either before or with the AOS application once I am in the US. The vaccines are not required to get the fiance visa, right? They encourage it I read, but it's not necessary because you get them in the US when you apply for the AOS. So I figured I would do the waiver then? What can I expect during the medical exam? Thanks a lot.

[NikLR 13,227]

yes the vaccines and medical are required for the Fiance visa.

You would have to get it during the medical exam.

Where would you be interviewing?

[bunny82 0]

I would be interviewing in Montreal, since I live in Nova Scotia. I read that you do not need the vaccines for the Fiance visa, that it is optional, and that you get them for the AOS once in the US. Are you sure? This means I would have to apply for the waiver asap as it can take time to get approved.

[AlejandroEsther 1]

If you want to come to the U.S.A to be with your fiancé he or she has to apply for a K1 which is an I-129 petition here in the U.S.A once that is approve you will have an interview at the U.S embassy in your country once you attend your interview and get approve you will get a visa to enter the U.S.A once you enter the U.S.A you guys will have 90 days to marry once you guys marry then he or she can apply for AOS which is I-485 U.S resident and I-765 Employment Authorization Card for you

[Lemonslice 4,852]

I would be interviewing in Montreal, since I live in Nova Scotia. I read that you do not need the vaccines for the Fiance visa, that it is optional, and that you get them for the AOS once in the US. Are you sure? This means I would have to apply for the waiver asap as it can take time to get approved.

You can review recent interviews in Montreal, but two things are coming to my mind:

-as far as I know, all vaccines are required prior to approval in Montreal

- I've only seen medical waivers being approved on my time on vj (denied were religious, philosophical, etc.)