CR1 VISA - French citizen living in Canada

[Bamboo33 1]

Hi everyone,

I have a question related to the CR1 VISA. I tried to find the answer on forums but without success.

In short, I’m currently living in Toronto with my dual citizenship Canadian/American common-law partner (soon husband). I would like to know if as a French citizen (or other than Canadian or US) I could apply for the CR1 while being in Canada under a student visa (until August 2016). After this date my Canadian VISA will expire and I would be forced to do all the application from France.

Note: my common law partner has a job in L.A. that allows him to do one month in the US and one month in Toronto. So he already has a job there and can get a permanent address in L.A. if this is required.

I’m trying to find the best strategy because if I start the process now I can move directly to the US after I’m done with my PhD in Canada. In that case, we would get married in Canada this year and I would potentially start filling the documents for the VISA while under my student Canadian VISA.

I just want to make sure that I’m not doing anything that could deny me from living in the US or delay the process in obtaining the CR1 visa. Correct me if I’m wrong but I know that the CR1 VISA should be processed in the country in which the marriage took place.

So do I require to get married in my citizenship country (France) or can I marry my common law partner in Canada and do the paperwork from there?

Thank you for help!

[Starkilla09 366]

No there's no provision that a CR1 visa has to be processed mainly on the country you got married. You can marry in Canada and you guys can file the I-130 while you're still there. It should take around 5 months to be approved after which you guys will begin the other phase at the National Visa Center for an immigrant visa interview later at a selected U.S. embassy of your choosing. The whole process normally takes 12 to 14months to be complete. You can select the U.S embassy in France to have your immigrant visa interview when filing out the I-130 as this will make practical sense since you'll probably have to leave Canada by the time the whole process is over since you say your student visa expires in August 2016 and you'll probably have to leave Canada at that point home. If not select a U.S. embassy or consulate in whatever province you are in Canada if you'll still be there 12 to 14 months from the time you send in your petition.

[canadian_wife 1,822]

As long as you are legally in Canada, you may marry in Canada and start the paperwork from there.

However, from Canada, it can take 10-14 months from start to finish, so begin ASAP

good luck

[pushbrk 12,908]

If you're still legal in Canada when the interview comes around, no worries. If not the case will be reassigned to Paris and you'll have your medical and interview there. You could be lucky if you file as if both of you are currently living in Canada. Otherwise, the process will almost surely take past next August.

[Bamboo33 1]

Thank you for your answers! I really appreciate it. Now seeing the time to process for CR1 visa...

I have another question, could a K1 visa be more appropriate for me then if we don't want to be separated and if I want to have more chance to get the visa done by August 2016?

I know there is the K3 visa also but I heart that it became obsolete. If I apply for it, do you think I could get it faster that the CR1?

Thanks for your help again!

Edited September 6, 2015 by Bamboo33

[Starkilla09 366]

A K1 is also another option and should finish before your expiration date next year in Canada provided you guys start it now. The catch is you're gonna have to come marry in the U.S within 90 days upon entry, and can't leave until you get your EAD/AP which is normally 60 to 90 days from the moment you file for adjustment of status in the U.S. If your partner has a physical U.S. address, K1 is a viable quick option. K3 is almost obsolete as you say indeed.

Thank you for your answers! I really appreciate it. Now seeing the time to process for CR1 visa...

I have another question, could a K1 visa be more appropriate for me then if we don't want to be separated and if I want to have more chance to get the visa done by August 2016?

I know there is the K3 visa also but I heart that it became obsolete. If I apply for it, do you think I could get it faster that the CR1?

Thanks for your help again!

Edited September 6, 2015 by Starkilla09

[Bamboo33 1]

Okay cool, thanks! I have another question, my partner has a physical address where he works but his is renting for the month, after he will come back to Toronto for a month and then go back again (the contract is one month in US, one month in Canada). So he might change of address if he cannot stay at the same place in November...

Would it be okay if he put the address of his parents and not the address where he is working? It would be a physical permanent address in the US at least during the process time for the visa.

Thanks in advance!

[Starkilla09 366]

He can use his parent's address so all USCIS correspondences be mailed there. You guys can always change it at a later stage especially during adjustment of status as you will need to provide evidence of commingling of financial of resources and leases to prove bona fide marriage.

Okay cool, thanks! I have another question, my partner has a physical address where he works but his is renting for the month, after he will come back to Toronto for a month and then go back again (the contract is one month in US, one month in Canada). So he might change of address if he cannot stay at the same place in November...

Would it be okay if he put the address of his parents and not the address where he is working? It would be a physical permanent address in the US at least during the process time for the visa.

Thanks in advance!

[Lemonslice 4,859]

K1 also has some special rules though; you will not be authorized to work for at least a couple of months and it is also impossible to leave and re-enter the USA until you have your Advance Parole (again, at least a couple of months). Just be aware of these, I know they were too restrictive in my situation.

[Bamboo33 1]

Thanks for letting me know, I really appreciate your help!

How long was it for you to not be able to leave the US or get a job? Like 6 months total or more after you got married?

Thanks!

Edited September 6, 2015 by Bamboo33

[Starkilla09 366]

Your EAD/AP ( Employment authorization card/Advance parole document) normally takes 60 to 90 days to be issued from the moment you file adjustment of status which you need in order to seek employment or travel out of the U.S. temporarily while you wait for you wait for your permanent residency to be approved with or without an interview. So you won't be able to work or travel during this period.

[pushbrk 12,908]

Okay cool, thanks! I have another question, my partner has a physical address where he works but his is renting for the month, after he will come back to Toronto for a month and then go back again (the contract is one month in US, one month in Canada). So he might change of address if he cannot stay at the same place in November...

Would it be okay if he put the address of his parents and not the address where he is working? It would be a physical permanent address in the US at least during the process time for the visa.

Thanks in advance!

Be aware that while you are unable to travel into the USA if you go out again between your K1 entry being granted advance parole, you will also not be authorized to work. The K1 leaves the foreigner unable to work or travel for several months, no matter how fast after entry you marry and file to adjust status. Weigh your options against your priorities and then choose wisely.

[Bamboo33 1]

Thank you, I really appreciate all the feedback you are providing me!

Actually it's okay if I can't work or travel for 3 months outside of the US because I'm planning to work on the research I had not the time to publish during my PhD and my fiance can support me for that time.

I have another question, we are going to the US in October for 10 days. I have a conference there while my fiance visit his parents. As the citizen sponsor has to send the K1 application while in the US, I thought he could do that in October but I will be in the US too... I wanted us to send everything like the day before we go back to Canada but technically I would not be outside of the US on the day the application was submitted...

Would this be a problem for the application, knowing that I will be back in Canada on the day the K1 is sent? Otherwise he will do it in November, I just wanted to start the process the earliest as possible.

Thanks again!

[Starkilla09 366]

Absolutely not an issue don't sweat it. You guys can go ahead and file the I-129F whether you're present in the U.S. at the moment or not. Your partner on the other hand has to file it in the U.S. though.

Thank you, I really appreciate all the feedback you are providing me!

Actually it's okay if I can't work or travel for 3 months outside of the US because I'm planning to work on the research I had not the time to publish during my PhD and my fiance can support me for that time.

I have another question, we are going to the US in October for 10 days. I have a conference there while my fiance visit his parents. As the citizen sponsor has to send the K1 application while in the US, I thought he could do that in October but I will be in the US too... I wanted us to send everything like the day before we go back to Canada but technically I would not be outside of the US on the day the application was submitted...

Would this be a problem for the application, knowing that I will be back in Canada on the day the K1 is sent? Otherwise he will do it in November, I just wanted to start the process the earliest as possible.

Thanks again!

[Bamboo33 1]

Thanks Yes he will file in the US but after we are going to back to Canada.

I'm confused about how to file the petition works.

I know that my partner (citizen) has to file the petition in the US, but I'm not sure if it means that he has to: go to Dallas physically to give the petition OR bring it to a local Field office OR send the petition within the US to the address mentioned below?

The USCIS Dallas Lockbox

For U.S. Postal Service:

USCIS
P.O. Box 660151
Dallas, TX 75266

Thanks!