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Posted

Hi :)

I just called the AMCITS to get some information on what would be best for my situation. Im Canadian, planning to marry an American and moving there this fall. The wedding is planned to occur in Montreal for a few reasons(so my family can attend more easily, since Im moving there, we thought it would be nice to get married here).

So from all that Ive read and heard, that crossed out the fiance visa option as we wouldn't be getting married in the States.

So Ive been looking, and worrying and just about to have my head explode lol... I called the AMCITS and they told me that it's possible for my fiance to apply for a Spousal Visa before we are married. Is that true ? The girl didn't seem sure herself of the information she was giving me.

From what I understood from her, is that we could apply for the Spousal Visa which is supposed to take from 6 to 12 months. In the meantime, we would get married(possibly in 6-8 months) and if the visa is issued I could move there right away, and if not, I would only have to wait 1-6 months before being able to be with my husband; as opposed to applying for the Visa after being married and having to wait 6-12 months to be with my husband.

Is any of this information correct ? I need to make a decision about my current lease and job within a month so Im sorta stressed out about the whole process and what's the best thing for us to do.

Any insight ? Can anyone confirm that we can in fact file the petiton for a spousal visa before getting married ?

Thanks so much

Cat

Married! 03/19/2007

I-130 Process

10/30/2007 : APPROVED!!!! (in 190 days)

I-129f Process

10/30/2007 : APPROVED!!!! (in 151 days)

02/08/2008 : Interview (Approved!)

02/18/2008 : Visa in Hand :D

02/26/2008 : Moved to Colorado

I-751 Lifting of Conditions

06/01/2010 : Completed packet for I-751

06/04/2010 : Mailed packet via UPS

06/07/2010 : Receipt for I-751

08/18/2010 : Biometrics appointment

08/20/2010 : Approved

02/09/2011 : Contacted congressman due to non-receipt of card

03/28/2011 : Card received!

Filed: Citizen (apr) Country: Australia
Timeline
Posted

Cat,

It isn't possible since you need to send a copy of the marriage certificate. One possible option is to get married in court to start the process. You can then continue with the big wedding while the immigration process is started.

I-130

02/17/2007 - I-130 Express Mailed to VSC via USPS. (ETA 2/19/2007)

02/22/2007 - I-130 received by VSC.

06/12/2007 - NOA2 approval email received!!!

06/15/2007 - NOA2 letter received in the mail.

NVC

06/19/2007 - NVC receives case and assigns a case number!

08/27/2007 - CASE COMPLETE!!!!

09/06/2007 - Case forwarded to Sydney

09/14/2007 - Wife receives Packet 3. Received NVC letter confirming case forward to Sydney.

10/26/2007 - Interview - VISA GRANTED!!!!! WOOO WOOO!!!!!!

11/18/2007 - Enter the US via LAX (POE). No issues thankfully. 20 minutes of processing.

11/30/2007 - Welcome letter (two of them) received.

12/19/2007 - CR-1 Green Card received.

USCIS - I-751

09/23/2009 - Express Mailed Removal of Conditions application

09/24/2009 - USPS confirmed delivery to VSC

09/29/2009 - Check cashed by USCIS

10/01/2009 - Received NOA I-797C dated 09/25/2009

10/10/2009 - Received Biometric appt letter for 10/29/2009

10/29/2009 - Biometrics taken. Whole process took about 40 min including the wait

12/22/2009 - Approved for ROC!

01/08/2010 - Received text and email: Card production ordered

01/15/2010 - Received Green Card in the mail!

USCIS - N-400

04/22/2011 - Express Mailed Application for Naturalization

04/27/2011 - Check cashed by USCIS

04/28/2011 - Received NOA I-797C dated 04/26/2011

05/27/2011 - Biometrics taken. Process took approx 35 min with wait

07/29/2011 - Received Interview Appt letter scheduled for 09/01/2011 dated 07/26/2011

09/01/2011 - Interview and Oath. Now a USC! The VJ is over!

Posted

Hi Catou1181,

I do not think you can file for a spousal visa - in your case it would be CR1 (less than 2 years married) before you are actually married. The main reason being that you need to submit your marriage certificate with the I-130. I know this because I went with my husband to the embassy 2 weeks after we were married and we had to submit the marriage certificate (and they even looked at our wedding pics before approving us on the spot).

Good luck with your visa journey!

Hi :)

I just called the AMCITS to get some information on what would be best for my situation. Im Canadian, planning to marry an American and moving there this fall. The wedding is planned to occur in Montreal for a few reasons(so my family can attend more easily, since Im moving there, we thought it would be nice to get married here).

So from all that Ive read and heard, that crossed out the fiance visa option as we wouldn't be getting married in the States.

So Ive been looking, and worrying and just about to have my head explode lol... I called the AMCITS and they told me that it's possible for my fiance to apply for a Spousal Visa before we are married. Is that true ? The girl didn't seem sure herself of the information she was giving me.

From what I understood from her, is that we could apply for the Spousal Visa which is supposed to take from 6 to 12 months. In the meantime, we would get married(possibly in 6-8 months) and if the visa is issued I could move there right away, and if not, I would only have to wait 1-6 months before being able to be with my husband; as opposed to applying for the Visa after being married and having to wait 6-12 months to be with my husband.

Is any of this information correct ? I need to make a decision about my current lease and job within a month so Im sorta stressed out about the whole process and what's the best thing for us to do.

Any insight ? Can anyone confirm that we can in fact file the petiton for a spousal visa before getting married ?

Thanks so much

Cat

ROC 2009
Naturalization 2010

Posted (edited)
Hi Catou1181,

I do not think you can file for a spousal visa - in your case it would be CR1 (less than 2 years married) before you are actually married. The main reason being that you need to submit your marriage certificate with the I-130. I know this because I went with my husband to the embassy 2 weeks after we were married and we had to submit the marriage certificate (and they even looked at our wedding pics before approving us on the spot).

Good luck with your visa journey!

Yeah I started reading up on the files you need to send, and I saw the marriage certificate was one of them

So basically, my only option would be to get married in court soon and then start the CR-1 ? (which is the I-130 right ?).

If not, are there absolutely no options that allow us to get married in Canada and have me move there within the month ? Or before if needed ?

Edited by Catou1181

Married! 03/19/2007

I-130 Process

10/30/2007 : APPROVED!!!! (in 190 days)

I-129f Process

10/30/2007 : APPROVED!!!! (in 151 days)

02/08/2008 : Interview (Approved!)

02/18/2008 : Visa in Hand :D

02/26/2008 : Moved to Colorado

I-751 Lifting of Conditions

06/01/2010 : Completed packet for I-751

06/04/2010 : Mailed packet via UPS

06/07/2010 : Receipt for I-751

08/18/2010 : Biometrics appointment

08/20/2010 : Approved

02/09/2011 : Contacted congressman due to non-receipt of card

03/28/2011 : Card received!

Filed: AOS (apr) Country: Philippines
Timeline
Posted (edited)
:no:

Yeah I started reading up on the files you need to send, and I saw the marriage certificate was one of them

So basically, my only option would be to get married in court soon and then start the CR-1 ? (which is the I-130 right ?).

If not, are there absolutely no options that allow us to get married in Canada and have me move there within the month ? Or before if needed ?

Immigration process is slow and painstaking... Though not sure of the proess of a USC going to Canada

Edited by fwaguy

YMMV

Posted

Where would I get the best information as to what is best to do in my situation ?

Almost sounds like getting married in a courthouse is the easiest way, then filing for a CR-1 and then getting married in a church in Montreal while the file is being processed. That's not illegal is it ? Basically the paperwork that's done after a wedding ceremony would already be done. That's the only difference ?

Married! 03/19/2007

I-130 Process

10/30/2007 : APPROVED!!!! (in 190 days)

I-129f Process

10/30/2007 : APPROVED!!!! (in 151 days)

02/08/2008 : Interview (Approved!)

02/18/2008 : Visa in Hand :D

02/26/2008 : Moved to Colorado

I-751 Lifting of Conditions

06/01/2010 : Completed packet for I-751

06/04/2010 : Mailed packet via UPS

06/07/2010 : Receipt for I-751

08/18/2010 : Biometrics appointment

08/20/2010 : Approved

02/09/2011 : Contacted congressman due to non-receipt of card

03/28/2011 : Card received!

Filed: Other Timeline
Posted
Where would I get the best information as to what is best to do in my situation ?

Almost sounds like getting married in a courthouse is the easiest way, then filing for a CR-1 and then getting married in a church in Montreal while the file is being processed. That's not illegal is it ? Basically the paperwork that's done after a wedding ceremony would already be done. That's the only difference ?

hello,

just wanted to let everyone know the other side of the coin here. Hello. I'm the american in the partnership here and we are very interested to know jsut which way to go. Soooo confusing.

thanks

Filed: Citizen (apr) Country: England
Timeline
Posted
Where would I get the best information as to what is best to do in my situation ?

Almost sounds like getting married in a courthouse is the easiest way, then filing for a CR-1 and then getting married in a church in Montreal while the file is being processed. That's not illegal is it ? Basically the paperwork that's done after a wedding ceremony would already be done. That's the only difference ?

It's certainly not illegal, and actually fairly common. Plenty of people have two weddings to get the visa requirements in order, then to have their big ceremony with all due pomp and circumstance.

Filed: Citizen (apr) Country: Australia
Timeline
Posted
Where would I get the best information as to what is best to do in my situation ?

Almost sounds like getting married in a courthouse is the easiest way, then filing for a CR-1 and then getting married in a church in Montreal while the file is being processed. That's not illegal is it ? Basically the paperwork that's done after a wedding ceremony would already be done. That's the only difference ?

No it's not illegal because you would be technically married. You can continue on with a Church wedding. Yep, you wouldn't need to have the marriage filed anymore. It would be more like a re-affirmation of vows.

I-130

02/17/2007 - I-130 Express Mailed to VSC via USPS. (ETA 2/19/2007)

02/22/2007 - I-130 received by VSC.

06/12/2007 - NOA2 approval email received!!!

06/15/2007 - NOA2 letter received in the mail.

NVC

06/19/2007 - NVC receives case and assigns a case number!

08/27/2007 - CASE COMPLETE!!!!

09/06/2007 - Case forwarded to Sydney

09/14/2007 - Wife receives Packet 3. Received NVC letter confirming case forward to Sydney.

10/26/2007 - Interview - VISA GRANTED!!!!! WOOO WOOO!!!!!!

11/18/2007 - Enter the US via LAX (POE). No issues thankfully. 20 minutes of processing.

11/30/2007 - Welcome letter (two of them) received.

12/19/2007 - CR-1 Green Card received.

USCIS - I-751

09/23/2009 - Express Mailed Removal of Conditions application

09/24/2009 - USPS confirmed delivery to VSC

09/29/2009 - Check cashed by USCIS

10/01/2009 - Received NOA I-797C dated 09/25/2009

10/10/2009 - Received Biometric appt letter for 10/29/2009

10/29/2009 - Biometrics taken. Whole process took about 40 min including the wait

12/22/2009 - Approved for ROC!

01/08/2010 - Received text and email: Card production ordered

01/15/2010 - Received Green Card in the mail!

USCIS - N-400

04/22/2011 - Express Mailed Application for Naturalization

04/27/2011 - Check cashed by USCIS

04/28/2011 - Received NOA I-797C dated 04/26/2011

05/27/2011 - Biometrics taken. Process took approx 35 min with wait

07/29/2011 - Received Interview Appt letter scheduled for 09/01/2011 dated 07/26/2011

09/01/2011 - Interview and Oath. Now a USC! The VJ is over!

Filed: IR-1/CR-1 Visa Country: Canada
Timeline
Posted

Thats what we did. On a trip to the USA, we did a court house wedding, then started the Cr-1 paperwork. Never told our families, lol Then later down the road did a family wedding (they thought it was real!!) Back then the process was much quicker, around 6 months in total for us, but seems things have slowed down and taking closer to a yr!! I Visited the USA pretty much every month and never had any hassles. Some people do get questioned a bit more, and some get denied. Just be honest and have proof of ties to canada (letter from employer, lease, bills, etc)

Another option for married couples is the K3 abnd can be a bit faster, but I'm not up to date with that info. Best of luck.

Canadians Visiting the USA while undergoing the visa process, my free advice:

1) Always tell the TRUTH. never lie to the POE officer

2) Be confident in ur replies

3) keep ur response short and to the point, don't tell ur life story!!

4) look the POE officer in the eye when speaking to them. They are looking for people lieing and have been trained to find them!

5) Pack light! No job resumes with you

6) Bring ties to Canada (letter from employer when ur expected back at work, lease, etc etc)

7) Always be polite, being rude isn't going to get ya anywhere, and could make things worse!!

8) Have a plan in case u do get denied (be polite) It wont harm ur visa application if ur denied,that is if ur polite and didn't lie! Refer to #1

Filed: Other Timeline
Posted
Thats what we did. On a trip to the USA, we did a court house wedding, then started the Cr-1 paperwork. Never told our families, lol Then later down the road did a family wedding (they thought it was real!!) Back then the process was much quicker, around 6 months in total for us, but seems things have slowed down and taking closer to a yr!! I Visited the USA pretty much every month and never had any hassles. Some people do get questioned a bit more, and some get denied. Just be honest and have proof of ties to canada (letter from employer, lease, bills, etc)

Another option for married couples is the K3 abnd can be a bit faster, but I'm not up to date with that info. Best of luck.

sounding good honey, Im excited about all this great information. less complicated now. thanks for the help guys

Filed: IR-1/CR-1 Visa Country: Canada
Timeline
Posted

It is not a super complictaed procedure, but one must be PATIENT!!!! Two different people can start the same visa process at the same time, at the same service centres, yet finish at different times!!! As well you can phone USCIS and get wrong info!!! Can be frustrating!! Best of luck

Canadians Visiting the USA while undergoing the visa process, my free advice:

1) Always tell the TRUTH. never lie to the POE officer

2) Be confident in ur replies

3) keep ur response short and to the point, don't tell ur life story!!

4) look the POE officer in the eye when speaking to them. They are looking for people lieing and have been trained to find them!

5) Pack light! No job resumes with you

6) Bring ties to Canada (letter from employer when ur expected back at work, lease, etc etc)

7) Always be polite, being rude isn't going to get ya anywhere, and could make things worse!!

8) Have a plan in case u do get denied (be polite) It wont harm ur visa application if ur denied,that is if ur polite and didn't lie! Refer to #1

Filed: Country: United Kingdom
Timeline
Posted
If not, are there absolutely no options that allow us to get married in Canada and have me move there within the month ? Or before if needed ?

There are no marriage-based options that allow you to move to the US inside of a month. If you qualify for some type of TN employment, that's the only way I can think of to move that quickly.

Even "fall" is ambitious at this point.

Now That You Are A Permanent Resident

How Do I Remove The Conditions On Permanent Residence Based On Marriage?

Welcome to the United States: A Guide For New Immigrants

Yes, even this last one.. stuff in there that not even your USC knows.....

Here are more links that I love:

Arriving in America, The POE Drill

Dual Citizenship FAQ

Other Fora I Post To:

alt.visa.us.marriage-based http://britishexpats.com/ and www.***removed***.com

censored link = *family based immigration* website

Inertia. Is that the Greek god of 'can't be bothered'?

Met, married, immigrated, naturalized.

I-130 filed Aug02

USC Jul06

No Deje Piedras Sobre El Pavimento!

 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

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