Get Married Now or Wait?

[nikpatel 0]

Hi all:

First off, thanks to the community of folks here who give their time, effort, and understanding to make this process simpler for those of us who feel lost by it all!

I am a US citizen living in California. My fiance is a Canadian citizen living in Toronto. We would like to live together (in the US) as soon as possible with her being able to legally work in the US but are not sure the best and/or fastest method to do this. Should we file for a K1 fiance visa or get married first and then file for an IR1/CR1 visa?

Which method allows her to come to the US (and stay in the US) faster?

Which method allows her to look for a job and work in US faster?

If we should get married, does it matter where we get married?

Also, we are planning to do a traditional wedding ceremony (religious, not legal) in Italy this October, and I want to make sure that us traveling out of country during this process won't be an issue.

Please advise. Thank you kindly!

[Morganalmonshid94 84]

Hi all:

First off, thanks to the community of folks here who give their time, effort, and understanding to make this process simpler for those of us who feel lost by it all!

I am a US citizen living in California. My fiance is a Canadian citizen living in Toronto. We would like to live together (in the US) as soon as possible with her being able to legally work in the US but are not sure the best and/or fastest method to do this. Should we file for a K1 fiance visa or get married first and then file for an IR1/CR1 visa?

Which method allows her to come to the US (and stay in the US) faster?

Which method allows her to look for a job and work in US faster?

If we should get married, does it matter where we get married?

Also, we are planning to do a traditional wedding ceremony (religious, not legal) in Italy this October, and I want to make sure that us traveling out of country during this process won't be an issue.

Please advise. Thank you kindly!

to simply come to the U.S. Fiancé is quicker but she can't work for several months which can drive some people crazy .

Spouse visa, longer but allows her to work as soon as she gets her and not have to deal with adjusting status waiting to work etc.

Does not matter where you get married, married is married anywhere so you guys can pick .

No issues traveling whatsoever .

[aaron2020 11,651]

Hi,

The K-1 fiancée visa is slightly faster than a spousal visa. However, the K-1 requires marriage within 90 days and then filing to adjust status. Once she files for AOS, it will take about 90 days to get her EAD/AP card. She can only work with an EAD card, so she will not be working for that time. Furthermore, if she leaves the U.S. without AP, then she abandons the process.

With a spousal visa, she gets a green card upon entry. She can immediately work and leave the U.S.

Does not matter where you get marry if you want to get a spousal visa. You must marry in the U.S. With a K-1 visa.

Nothing will be done by October. Be aware that the U.S. embassy may consider you married even with a religious ceremony. People have been warned about this and ignored it to their detriments.

Best of luck

[mrskvelasco 30]

You need to start by reading the guides above and deciding what will be best for you two.

[nikpatel 0]

Thanks for the quick response everyone!

I have read some of the guides on this site and have been a little confused by them. The Comparison of Marriage Visas page http://www.visajourney.com/content/comparesays that the approximate time to get an IR1/CR1 visa is 16 months, but when you scroll down to read the specifics states that it's a 7 month process.

It seems like doing the IR1/CR1 Spousal visa makes the most sense to me. Here's my understanding of how it breaks down:

1. My fiance and I get married (wherever).

2. I file I-130 with the USCIS.

3. The USCIS approves then forwards to the NVC.

4. The NVC approves then forwards to the US Consulate in Canada.

5. The US Consulate in Canada approves and my fiance is granted a visa.

6. My fiance comes to the US and immediately becomes a LPR and gets her Green Card sent in the mail. She can start looking for work immediately.

^ This process takes roughly 7 months once I file the I-130.

Please correct me if I've misunderstood something.

[NikLR 13,227]

No you missed document intake at the NVC. affidavit of support and immigrant visa documents and forms. It takes roughly a year.

[Ryan H 3,812]

It seems like doing the IR1/CR1 Spousal visa makes the most sense to me. Here's my understanding of how it breaks down:

1. My fiance and I get married (wherever).

2. I file I-130 with the USCIS.

3. The USCIS approves then forwards to the NVC.

4. The NVC approves then forwards to the US Consulate in Canada.

5. The US Consulate in Canada approves and my fiance is granted a visa.

6. My fiance comes to the US and immediately becomes a LPR and gets her Green Card sent in the mail. She can start looking for work immediately.

^ This process takes roughly 7 months once I file the I-130.

Please correct me if I've misunderstood something.

Answers:

• You have understood #'s 1, 2 and 3.
• The NVC does not approve anything, the NVC is a document intake facility where they check for completeness. Once they receive documents and everything needed is there, they will forward it to the US Consulate in Montreal (there are several US Consulates in Canada but only the one in Montreal conducts immigrant visa interviews).
• For #5, a visa interview will take place and the decision on whether or not to grant your future spouse a visa will be made at that time
• For #6, if your future spouse is granted a visa, she will become an LPR upon entry. Her green card will be sent after the production fee is paid. She can start looking for work but employers will probably want to see a Social Security Number before they hire.

Given current processing times, you are looking at a 10-12 months from initial filing of the petition to the time an interview takes place.

[nikpatel 0]

Will any complications arise if my fiance finds a job in the US (and the company is willing to sponsor her) whilst the spousal visa process is going on? She's actively looking for a job here, but I just want to make sure that filing for the IR1/CR1 spousal visa won't interfere or delay her ability to come to or work in the US.

Thanks!

[aaron2020 11,651]

Will any complications arise if my fiance finds a job in the US (and the company is willing to sponsor her) whilst the spousal visa process is going on? She's actively looking for a job here, but I just want to make sure that filing for the IR1/CR1 spousal visa won't interfere or delay her ability to come to or work in the US.

Thanks!

No. Perfectly okay to pursue multiple paths to the U.S.

Realistically, she will not just get a job and a work visa immediately. That would take a year or more. By that time, she will be here on the petition you filed.

[Darnell 8,478]

like a TN-1 visa? perfect, if'n spouse is canadien citizen.

[nikpatel 0]

Hi all:

I had a phone consultation with an immigration lawyer today, and he told me that the fastest way would be for my fiance to come to the states (he said to buy a roundtrip ticket and pack light), we get married, then she stays here instead of going back and we file for an adjustment of status and she'll get something within 4 months (and then she can get a work permit a few months later).

This doesn't seem entirely legal, however, so I'm hesitant to pursue this path. Can anyone confirm that this is a viable/legal method?

For financial reasons, we may decide to stick with the route where we get married and she stays in Canada and continues to work there whilst the spousal visa is being filed. I know that it doesn't matter where we get married (US or Canada), but there are significant delays in how long it takes us to get our official marriage certificate depending on where we get married. If we get married in Canada it takes a few months to get our marriage certificate, but we do receive a certificate of solemnization immediately. Can I start the spousal visa process with the certificate of solemnization, or do I need the official marriage license first?

Thanks!

[NigeriaorBust 4,087]

Entering on a visitors visa, or VWP type entry with the intent of not leaving is immigration fraud and the max penalty for it is a lifetime ban from the US.

[nikpatel 0]

Thanks for the info regarding immigration fraud!

Regarding my 2nd question (whether a "Record of Solemnization" can be used when filing my I-130), I found some information on the following thread: http://www.visajourney.com/forums/topic/21700-marriage-license-in-ontario-canada/

That said, it seems unclear as to what the most efficient way of doing this is. Should I submit the record of solemnization and include a note explaining how long it takes Ontario to provide a marriage certificate (and then send the certificate as soon as we get it)? Should I wait until we have the certificate to submit anything?

The real question here ultimately is -- should we get married somewhere else where we can get the marriage certificate faster? (i.e., the US)

Appreciate the help/advice you all are giving me! I am planning on traveling to Canada in a week's time and want to make sure that I go about this in the correct way.

[NikLR 13,227]

I would wait. It takes about a month or so to get the marriage certificate. It's really not that long an allows you to get everything else together.

[nikpatel 0]

Hi all,

Just received confirmation that my marriage certificate is in the mail! =) Getting all of my documents together for the I-130 and had one quick question for which I've read/heard different things:

Whilst we are in the IR-1 / CR-1 Visa process, is my Canadian citizen wife allowed to enter the US at all? There's a wedding she was planning on attending in late November, but she'd only be in the US for 7-10 days. I've heard that it's allowed, it's not allowed, and that it depends entirely on the Customs / Border Patrol Agent. Can anyone shed any light on this for me? Just want to make sure before she buys airline tickets.

Thanks!