New member help!!!!

[Jrozzler 17]

Hello all I'm writing to find out a few things regarding a CR-1 spousal visa. My girlfriend and I are thinking this is what we want to do.

She lives in Canada and I live in the states. We met when she was here on a student visa but it's expiring in a few days so our plan is this:

She moves back home.

I propose and she comes to the states and we legally get married.

She them immediately leaves and goes back to Canada.

We then start the CR-1 process and plan an actual religious ceremony.

Once we get her 2 yr green card, we have the actually religious ceremony with friends and family.

My questions are,

Is it a bad idea for her to just come visit without a visa or anything and we marry? Our intent is to immediately have her leave to start the visa process so we wouldn't be commuting fraud right?

Also, would she be allowed to visit me wile this whole process is taking place? And would i be able to visit her freely as well?

[j&ana 363]

It is perfectly fine for her to come over here and get marry and go back to Canada while waiting on the visa to be process, That is not fraud, as she has no intent to immigrate on a tourist visa. Fraud will be if she came over ,married you and stay in the USA and adjust status . In that case the purpose of the tourist visa would been to migrate, which is fraud

Also there will be no problems for you two to visit each other, while waiting on the Visa process. There are lots of members on here from Canada that are very helpful. that might have better answers and offer other suggestions then what I Provided

Edited February 26, 2015 by j&ana

[Jrozzler 17]

It is perfectly fine for her to come over here and get marry and go back to Canada while waiting on the visa to be process, That is not fraud, as she has no intent to immigrate on a tourist visa. Fraud will be if she came over ,married you and stay in the USA and adjust status . In that case the purpose of the tourist visa would been to migrate, which is fraud

Also there will be no problems for you two to visit each other.

Thank you j&anna!

Does this seem like the right route to go? I feel like a k1 is a waste of time and money and will cost more in the long run. A CR-1 seems like it covers everything we want and you Get your green card when all is said and done. You have to go through many more steps to get your PR with. K1 right?.

This whole thing is very intimidating and at times seems impossible lol. I'm clueless about this stuff. I just know I love my gf and we want to be married haha

[j&ana 363]

In your case. I will do the CR-1 visa also. The K-1 fiancé visa is faster, but yes you will have to do more stuff later once she is in the USA and after you are married to be legal residence. With the CR-1 visa she will be Legal residence once she is in the USA . Since Canada is not that far away, you should be able to see other quite often while waiting on the visa

[Pennycat 880]

Thank you j&anna!

Does this seem like the right route to go? I feel like a k1 is a waste of time and money and will cost more in the long run. A CR-1 seems like it covers everything we want and you Get your green card when all is said and done. You have to go through many more steps to get your PR with. K1 right?.

This whole thing is very intimidating and at times seems impossible lol. I'm clueless about this stuff. I just know I love my gf and we want to be married haha

What you've suggested sounds right, but she will need to go back to Canada and not stay and adjust.

K1 vs CR1 for people who aren't already married really just depends on your circumstances. For you--because of the relative proximity of Canada and the ease Canadians have coming back and forth, even with immigrant petitions pending, sure that makes a lot of sense. Especially if you'll need her to legal to work as soon as she arrives.

For others (myself), my fiance lives far enough away and I have limited time off work and money to travel to visit as frequently as I'd like. And, as is the case with most foreign significant others, he is unable to visit me here--they really don't give out visitor's visas easily especially not to significant others of US citizens (Canadians and citizens of visa waiver countries are really, REALLY lucky in this regard). Plus, I am in a position where I could support the two of us, without him working, for a good long time, if not forever (we'll never get rich that way, but we'd be able to live just fine). So for the two of us, and many others, this is how we get to be together faster, save money on visits and save money by not needing to pay for two apartments, two cable bills etc etc. CR1 would be a waste of time and money for us. Everyone is different.

[Jrozzler 17]

What you've suggested sounds right, but she will need to go back to Canada and not stay and adjust.

K1 vs CR1 for people who aren't already married really just depends on your circumstances. For you--because of the relative proximity of Canada and the ease Canadians have coming back and forth, even with immigrant petitions pending, sure that makes a lot of sense. Especially if you'll need her to legal to work as soon as she arrives.

For others (myself), my fiance lives far enough away and I have limited time off work and money to travel to visit as frequently as I'd like. And, as is the case with most foreign significant others, he is unable to visit me here--they really don't give out visitor's visas easily especially not to significant others of US citizens (Canadians and citizens of visa waiver countries are really, REALLY lucky in this regard). Plus, I am in a position where I could support the two of us, without him working, for a good long time, if not forever (we'll never get rich that way, but we'd be able to live just fine). So for the two of us, and many others, this is how we get to be together faster, save money on visits and save money by not needing to pay for two apartments, two cable bills etc etc. CR1 would be a waste of time and money for us. Everyone is different.

I see. Sorry this may sound dumb. So she doesn't need any visa at all to visit back and fourth from Canada? And other. And the US requires visas from other countries? Even if they are visiting for a birthday or a short amount of time?

Also I heard that at the boarder she needs to prove that she has ties back in Canada so they don't shink she is going to stay in the USA. Well she lives with her parents and works for her dad unofficially so idk what she could present to prove she isn't going to stay here when she visits

[Pennycat 880]

I see. Sorry this may sound dumb. So she doesn't need any visa at all to visit back and fourth from Canada? And other. And the US requires visas from other countries? Even if they are visiting for a birthday or a short amount of time?

Also I heard that at the boarder she needs to prove that she has ties back in Canada so they don't shink she is going to stay in the USA. Well she lives with her parents and works for her dad unofficially so idk what she could present to prove she isn't going to stay here when she visits

Well, she gets some sort of something at the boarder (right?--anyone else know Canada stuff) but no, she doesn't need a visa-- not in the sense we're talking about. And yes . Big time yes. The US requires people from most of the countries in the world to have a visa *before* arrival at the boarder--even to visit to go to Disneyworld, or go to a friend's wedding, or a short visit, anything.... and, believe it or not, even to change planes at JFK on the way to a different country. Seriously.

The way you get these visas is to figure out which one you need (most are B1 or B2--business or tourism--which includes visiting), fill out an application, pay $160, wait several weeks or several months for your appointment, travel to the nearest US consulate (which, if you're *really* unlucky, may not even be in your own country) for an interview in which you have roughly 3 minutes to convince the guy on the other side of the DMV-like counter that you do not intend to immigrate to America. If they say no, you don't get your $160 back and you don't get to appeal. You can apply again, though, for another $160. They mostly deny the significant others of US Citizens because that is a red flag for intention to immigrate.

There are 30-some countries in the world whose citizens don't need to go through this---mostly Western Europe, Australia and New Zealand and Japan and Korea. They can come over 90 days at a time, getting a visa at the boarder. Canada is a special class all on its own--is considered "visa exempt".

There is a chance that they'll deny her at the border---but it's not likely just as long as she never has (and does not) abuse the privilege. Don't stay too long, don't cross too many times, show that with each entry into the US, you intend to return to Canada (a lease or contract with an employer could help). This Canada-specific forum should help. http://www.visajourney.com/forums/forum/93-canada/ Ireally don't know anything about the Canadian specific concerns other than to be pretty jealous of them (except YAY for me...Costa Rica is not too shabby of a place to visit and eventually own property and have residency....so I'm looking forward to that aspect of it )

Edited February 26, 2015 by CatherineA

[Jrozzler 17]

Well, she gets some sort of something at the boarder (right?--anyone else know Canada stuff) but no, she doesn't need a visa-- not in the sense we're talking about. And yes . Big time yes. The US requires people from most of the countries in the world to have a visa *before* arrival at the boarder--even to visit to go to Disneyworld, or go to a friend's wedding, or a short visit, anything.... and, believe it or not, even to change planes at JFK on the way to a different country. Seriously.

The way you get these visas is to figure out which one you need (most are B1 or B2--business or tourism--which includes visiting), fill out an application, pay $160, wait several weeks or several months for your appointment, travel to the nearest US consulate (which, if you're *really* unlucky, may not even be in your own country) for an interview in which you have roughly 3 minutes to convince the guy on the other side of the DMV-like counter that you do not intend to immigrate to America. If they say no, you don't get your $160 back and you don't get to appeal. You can apply again, though, for another $160. They mostly deny the significant others of US Citizens because that is a red flag for intention to immigrate.

There are 30-some countries in the world whose citizens don't need to go through this---mostly Western Europe, Australia and New Zealand and Japan and Korea. They can come over 90 days at a time, getting a visa at the boarder. Canada is a special class all on its own--is considered "visa exempt".

There is a chance that they'll deny her at the border---but it's not likely just as long as she never has (and does not) abuse the privilege. Don't stay too long, don't cross too many times, show that with each entry into the US, you intend to return to Canada (a lease or contract with an employer could help). This Canada-specific forum should help. http://www.visajourney.com/forums/forum/93-canada/ Ireally don't know anything about the Canadian specific concerns other than to be pretty jealous of them (except YAY for me...Costa Rica is not too shabby of a place to visit and eventually own property and have residency....so I'm looking forward to that aspect of it )

Wow! That's crazy!! I guess I should consider myself lucky that I fell in love with a Canadian. Maybe there is no difference at all but I feel like trying to get PR for a Canadian spouse is easier than some other countries. You think the process is any faster? You know sense they seem pretty lenient and they are our allies and our sister country? Haha that's probably irrelevant!

Also she wants to go to beauty school up there so she can be a hairdresser in the states. That school is 9 months so it seems kind of like a 2 for 1 If we start the process while she is in school since we have to wait anyways! Does this seem wise?

Edited February 26, 2015 by Jrozzler

[Pennycat 880]

Wow! That's crazy!! I guess I should consider myself lucky that I fell in love with a Canadian. Maybe there is no difference at all but I feel like trying to get PR for a Canadian spouse is easier than some other countries. You think the process is any faster? You know sense they seem pretty lenient and they are our allies and our sister country? Haha that's probably irrelevant!

Also she wants to go to beauty school up there so she can be a hairdresser in the states. That school is 9 months so it seems kind of like a 2 for 1 If we start the process while she is in school since we have to wait anyways! Does this seem wise?

Yep, very lucky re: Canadian. And yep, it's basically cruel what they do to non-visa waiver country foreign significant others.

Sadly, no. The line is what it is--a line. And you get in it based on when you submitted your application. Maybe the actually time they take to say "yes" is quicker (they won't need further background checks, or more information, or an in-person interview) but the line to have your application looked at is what the bulk of the waiting period is and that is simply just a line. Is there any way that she can go to school here and apply for a student visa? I don't know the 100% legality of this (coming on a student visa with the intention to marry and stay could be a problem) or if they give student visas for beauty school, though. Where is she right now?

[ChristinaG 91]

Fellow Canuck chiming in

First off, congrats!!

When hubby and I were dating and later engaged we had no problems crossing the board (driving) going wither way. The day of our small wedding I was honest with the US Border Patrol and she looked through my car to be sure I was not bringing all of my meager worldly goods. Just in case (and on the wise advice of others here) I had with me ties back to Canada - letter from employer, daycare receipts, rental contract, bank statements, and such to show that yes I still have commitments back in Canada. She congratulated me, told my girls they'll be beautiful in the blue dresses we had, and sent us on our way..... took maybe 2 or 3 minutes.

Since then we have filed our I-130's for the CR-1 visas (for myself and my 2 daughters). I still cross very frequently (by the way apply for the Nexus - it's a huge time saver).... but I still carry with me the ties to Canada and now I carry copies of all our filed paperwork. **knock wood** I've not had to provide it yet, and usually there are no extra questions (I think I'm finally classified a regular when I get the same Guards every weekend )

The shock for my husband and I was that being a Canadian does not get us through the processing any faster or slower than anyone else We started this process in August 2014 and are expecting 10-12 months at the best case scenario.

Do A LOT of reading here on the VJ site as there is so much information. Mostly, be prepared to be patient like you never have been before!!

Best wishes!!

[Pennycat 880]

Hello all I'm writing to find out a few things regarding a CR-1 spousal visa. My girlfriend and I are thinking this is what we want to do.

She lives in Canada and I live in the states. We met when she was here on a student visa but it's expiring in a few days so our plan is this:

She moves back home.

I propose and she comes to the states and we legally get married.

She them immediately leaves and goes back to Canada.

We then start the CR-1 process and plan an actual religious ceremony.

Once we get her 2 yr green card, we have the actually religious ceremony with friends and family.

My questions are,

Is it a bad idea for her to just come visit without a visa or anything and we marry? Our intent is to immediately have her leave to start the visa process so we wouldn't be commuting fraud right?

Also, would she be allowed to visit me wile this whole process is taking place? And would i be able to visit her freely as well?

I just saw this. Um....if you guys are serious about this marriage thing, you could do it (quickly!) before that visa expires and apply to adjust status. While a student visa isn't a visa that is supposed to be used for marriage and immigration, things do happen and that's allowed as long as it's bona fide---as long as what really happened is as you described. Her going back home is what will basically force you to use the K1 or the CR1. But if you got married, say, tomorrow and filled out the AOS paperwork, she'd be legal to stay while they process it, until her green card. You can also apply for EAD--Employment Authorization Document which usually arrives much quicker than the green card, which (as you can guess) gives her permission to work.

[ChristinaG 91]

to add...... what State are you from, what province is she in??

There are only about 5 panel physicians able to do the medical and three of them are in Toronto..... Montreal is the only consulate in Canada that processes spousal visas. It's the very last step, so if you need to factor in travel to these cities in your long term budgeting..... I'm in Southern Ontario so getting to Toronto won't be too bad (about a 3 hour drive) and we are planning on taking the train to Montreal which is a lovely trip.....

[ChristinaG 91]

I just saw this. Um....if you guys are serious about this marriage thing, you could do it (quickly!) before that visa expires and apply to adjust status. While a student visa isn't a visa that is supposed to be used for marriage and immigration, things do happen and that's allowed as long as it's bona fide---as long as what really happened is as you described. Her going back home is what will basically force you to use the K1 or the CR1. But if you got married, say, tomorrow and filled out the AOS paperwork, she'd be legal to stay while they process it, until her green card. You can also apply for EAD--Employment Authorization Document which usually arrives much quicker than the green card, which (as you can guess) gives her permission to work.

My only concern with going this route would be to look into if she can cross back into Canada while doing the adjustment of status or would she need to (thinking about things like ~heaven forbid~ a family member back home gets ill....) or are there enough resources available to support her until she gets the AOS and can work too.....

For me, I needed to be able to cross the border so we went CR1 instead of K1....

[Pennycat 880]

My only concern with going this route would be to look into if she can cross back into Canada while doing the adjustment of status or would she need to (thinking about things like ~heaven forbid~ a family member back home gets ill....) or are there enough resources available to support her until she gets the AOS and can work too.....

For me, I needed to be able to cross the border so we went CR1 instead of K1....

Do they do AP for Canadians? I'm really out of my realm here with the Canada-specific stuff. All the rest would be up to OP and the girlfriend. What can they afford, what risks are they willing to take etc.

Jrozzler: your choices and the "risks" here are:

(1) If you marry and adjust, she may not be legal to work for 4 or so months (PLEASE check current processing times before making a decision, I have no idea what they are right now, that is a process I will never go through) and she may not be able to leave the US until her green card arrives (currently running at over a year's wait)--even for sick relatives and birthdays and such. Unless Canadians can get "Advance Parole" which is permission to re-enter the US while a green card is processing (which again, seek Canada specific advice). Note: they CAN still refuse entry at the border even with AP.

(2) If she leaves when the current visa expires, you'll have to go CR1 or K1 route which, with current processing times, would be at least 6 months of a commuter relationship (for K1---some are taking 9) or at least 14 months for CR1---without a guarantee they'll let her in at the border each time (although Christina and other Canadians can give you a MUCH better picture than I can about how likely/unlikely that is).

[ChristinaG 91]

Do they do AP for Canadians? I'm really out of my realm here with the Canada-specific stuff. All the rest would be up to OP and the girlfriend. What can they afford, what risks are they willing to take etc.

yeah... but from what I've read it can still take 3-6 months to get.....