I think my brain might bust...

[caliliving 606]

Immigration is not an easy process. No matter what, it is a wait and $$$. You must determine what wait is better.

First, I think the suggestion on where you would be moving to and if you are able to find a well paying job in that area should be taken into consideration. Check out job boards (Linkedin, Indeed ect.) and see if when you move there to work you would be able to get a good paying job.

-What people fail to know is that USA employers gravitate towards applicants that have USA work experience. However, I dont know your field so this may not apply.

Take the suggestions of the above with 2 avenues

1- K1 (say you apply tomorrow) wait in canada until it gets approved 6-9 months, then enter the USA, and within 6 months you CAN NOT work and you MUST have a wedding in this time.. so say you wait a month to get a wedding (where you arent working and cant leave) then, you file for your Greencard and work permit -- Wait another 3 months for work permit and then 5 months total to work. - you are waiting in Canada 6 months to get approved K1 and then once you enter the USA another 6 months roughly to work (wedding-->appliaiton-->work permit-->greencard)

2-CR1 - you can get married ANYWHERE IN THE WORLD then you would apply for the CR1 - takes 12months on average - you would be in canada during this time working. Once you are approved (12 months) you can enter the USA and you have your greencard in hand!!!

IMO due to your proximity to the USA, the fact that he can visit you and you can still keep working, the second option is best. So plan a wedding, get married anywhere you would like then apply for your CR1 visa and wait a year and then you can enter the USA - cost is roughly $1000

[betrthnmilkfrog 1]

Everyone, thank you for your help. I feel like I know a little more and where I should start!

Edited January 13, 2016 by betrthnmilkfrog

[betrthnmilkfrog 1]

It sounds like you may be close to a border if you are traveling back and forth a lot? Perhaps I misunderstand.

When I applied K1 and CR1 were taking about the same amount of time. The fiance visa pace seems to have picked up lately for whatever reasons. I don't follow that anymore since I'm long past that point

BUT

I got married and started the process while living and working in Canada. I needed to be able to continue working AND didn't want to be stuck in the U.S. unable to go back to Canada while wait for my adjustment of status (the 90 days everyone is mentioning above) My husband lived in the U.S. I lived in Canada. Once we were done I made the move and was able to travel freely right away and work immediately.

Although the process takes longer, I found it to make more sense to me. As tiresome as the commute was (I was doing it for over 3 years including the time after getting married) it was worth it in the end to just be able to do it all in one step and not have to do more after moving. It feels like a long time but in the grand scheme it really isn't. It's frustrating while you're in the middle of it but once you're done, you'll soon forget how exhausting it was!

Ms Hogan. Thanks for the inside story. I do love very close and so do they. Did you live with your husband and travel back and forth daily? Is that an option? I'm thinking it might not be possible to travel across the border every day

.. Even with my nexus card...

[betrthnmilkfrog 1]

Immigration is not an easy process. No matter what, it is a wait and $$$. You must determine what wait is better.

First, I think the suggestion on where you would be moving to and if you are able to find a well paying job in that area should be taken into consideration. Check out job boards (Linkedin, Indeed ect.) and see if when you move there to work you would be able to get a good paying job.

-What people fail to know is that USA employers gravitate towards applicants that have USA work experience. However, I dont know your field so this may not apply.

Take the suggestions of the above with 2 avenues

1- K1 (say you apply tomorrow) wait in canada until it gets approved 6-9 months, then enter the USA, and within 6 months you CAN NOT work and you MUST have a wedding in this time.. so say you wait a month to get a wedding (where you arent working and cant leave) then, you file for your Greencard and work permit -- Wait another 3 months for work permit and then 5 months total to work. - you are waiting in Canada 6 months to get approved K1 and then once you enter the USA another 6 months roughly to work (wedding-->appliaiton-->work permit-->greencard)

2-CR1 - you can get married ANYWHERE IN THE WORLD then you would apply for the CR1 - takes 12months on average - you would be in canada during this time working. Once you are approved (12 months) you can enter the USA and you have your greencard in hand!!!

IMO due to your proximity to the USA, the fact that he can visit you and you can still keep working, the second option is best. So plan a wedding, get married anywhere you would like then apply for your CR1 visa and wait a year and then you can enter the USA - cost is roughly $1000

I easily get interviews in Vermont as they live close to Quebec and I speak French. The customer service experience I have is amazing and I do have a couple interviews lined up. I'm just trying to find out if I can get an employer to sponsor me ... Then this whole wedding thing can be done on our own schedule and we don't need to feel that pressure... That being said... Someone once mentioned a spontaneous wedding... I haven't had much luck finding information about this option... But is this a thing?! I know it seems silly to call it spontaneous because I'm referring to it now... But if we were to let's say get married without the plan... What happens then? Is there a way to apply for something... Is this spontaneous wedding a myth?

[It_takes_2 5]

"spontenous wedding" sounds like getting married in the US while here as a temporary visitor and applying for adjustment of status.

You wouldn't have to wait for the K-1 visa but once in the US you'd still have to wait to work. Average wait 2-3 months to get work permit then another 2-3 months for green card.

Problems: was it really "spontenous" or a way to work around the system? If immigration determines you were lying your application would be denied. I'm not an expert on what the likelihood of this is and what the repercussions aside from being denied would be....others I'm sure can jump in with more details.

[Transborderwife 4,666]

I easily get interviews in Vermont as they live close to Quebec and I speak French. The customer service experience I have is amazing and I do have a couple interviews lined up. I'm just trying to find out if I can get an employer to sponsor me ... Then this whole wedding thing can be done on our own schedule and we don't need to feel that pressure... That being said... Someone once mentioned a spontaneous wedding... I haven't had much luck finding information about this option... But is this a thing?! I know it seems silly to call it spontaneous because I'm referring to it now... But if we were to let's say get married without the plan... What happens then? Is there a way to apply for something... Is this spontaneous wedding a myth?

No that job is not sponsorable

[Pennycat 880]

I easily get interviews in Vermont as they live close to Quebec and I speak French. The customer service experience I have is amazing and I do have a couple interviews lined up. I'm just trying to find out if I can get an employer to sponsor me ... Then this whole wedding thing can be done on our own schedule and we don't need to feel that pressure... That being said... Someone once mentioned a spontaneous wedding... I haven't had much luck finding information about this option... But is this a thing?! I know it seems silly to call it spontaneous because I'm referring to it now... But if we were to let's say get married without the plan... What happens then? Is there a way to apply for something... Is this spontaneous wedding a myth?

While you can file to adjust if you happen to spontaneously decide to get married while visiting on a tourist visa (or visa waiver, or whatever), planning to be "spontaneous" is fraudulent behavior. Because spontaneity isn't planned, and it's a well known and often attempted work-around do doing things legally.

And still, even if you decide to risk it, you can't work for 90 days (from the day you file, mind you. If you don't file to adjust right away-- a $1070 fee and a ton of paperwork, you won't be authorized to work in 90 days).

Basically, adjusting from a non-immigrant status (which is K1 fiance visa, tourist visa, student visa etc) leaves you unable to work until your adjustment of status is applied for and approved (about 90 days from application). ANY non-immigrant status. This paperwork is $1070 across the board. Going spouse visa route leaves you eligible to work immediately.

[IcezMan_IcezLady 582]

Can y'all stop suggesting a "spontaneous" wedding while on tourist visa? How does one plan to have a spontaneous wedding?

Isn't this "spontaneous wedding" premeditated if y'all suggested to OP.

Do the right thing lady. You have a job in Canada now. There are no guarantees that you will find one right away.

You asked about fee waiver. I assume you two are not comfortable financially (i apologize if wrong assumption), but if that's the case, CR-1 might give you two enough time to save money from your jobs.

Immigration process isn't cheap.

Good luck to you.

[caliliving 606]

No that job is not sponsorable

NO ONE will sponsor you for a visa with your type of work, so don't waste your time!

It is ILLEGAL to come to the USA with the intent to marry. So this whole 'spontaneous' wedding thing is not legal. If you can here on a tourist visa and got married 2 days later, that is illegal as it shows you obviously had intent to marry when you came here. Their is nothing 'spontaneous' about that.

Go the CR1 route. Apply, wait in canada and when you enter the usa you will legally be able to work.

Everyone here has given you great advice! If your spouse is serious about marrying you, plan a wedding and start saving your pennies for immigration!

[betrthnmilkfrog 1]

Thanks everyone for your feedback. We would be looking at the cr1 option. As for the spontaneous wedding I was just curious as to what the heck it was and if it was a legal option. I've mentioned a few times I want things done legally. If you're on this site.. You understand how this whole thing can be crazy confusing and you hear stuff from people... Read stuff all over...

Again I appreciate all your feedback. I never planned on falling in love with someone across the border. Its not like I was on this hunt for an American..

As for the fee waiver ... I was on the US citizenship and immigration site.... They are the ones that have a link from the i130 page that says fill out the i912 for a few waiver.. I was just curious. I could do the fiance visa.. But as I mentioned I do not want my fiance having to support me for 3 to 6 months... I like to consider us equal providers. That long without bringing in a pay... would stress me out...and I would get crazy bored not working...

[JlovesA 109]

NO ONE will sponsor you for a visa with your type of work, so don't waste your time!

It is ILLEGAL to come to the USA with the intent to marry. So this whole 'spontaneous' wedding thing is not legal. If you can here on a tourist visa and got married 2 days later, that is illegal as it shows you obviously had intent to marry when you came here. Their is nothing 'spontaneous' about that.

Go the CR1 route. Apply, wait in canada and when you enter the usa you will legally be able to work.

Everyone here has given you great advice! If your spouse is serious about marrying you, plan a wedding and start saving your pennies for immigration!

Just to clarify, it's not illegal to come to the USA with the intent to marry; it's illegal to come with the intent to STAY if you don't have a visa. You can get married anywhere you want, as long as you leave afterwards.

[aaron2020 11,651]

"spontenous wedding" sounds like getting married in the US while here as a temporary visitor and applying for adjustment of status.

You wouldn't have to wait for the K-1 visa but once in the US you'd still have to wait to work. Average wait 2-3 months to get work permit then another 2-3 months for green card.

Problems: was it really "spontenous" or a way to work around the system? If immigration determines you were lying your application would be denied. I'm not an expert on what the likelihood of this is and what the repercussions aside from being denied would be....others I'm sure can jump in with more details.

USCIS can not deny the adjustment of an Immediate Relative of a USC for immigrant intent. Matter of Batista and Matter of Cavazos.

Your last paragraph is completely incorrect.

[It_takes_2 5]

USCIS can not deny the adjustment of an Immediate Relative of a USC for immigrant intent. Matter of Batista and Matter of Cavazos.

Your last paragraph is completely incorrect.

So the gray area is they can't deny for preconceived intent but if you lie to enter the country then you are committing immigration which could get you denied. Is that the correct interpretation of those cases you mention?

Also I found this 2013 USCIS memo, which points to some of the potential drawbacks. 1- if the person goes out of status and is for some reaons put in removal proceedings the AOS process doesn't protect them. 2- If the AOS petition is denied, except in the 9th district, they can't appeal the decision.

https://www.uscis.gov/sites/default/files/files/nativedocuments/2013-1114_AOS_VWP_Entrants_PM_Effective.pdf

[AMZJ 61]

You can get married on a visa waver, you just can't overstay on a visa waver if you do that. You could go to the US to get married and then come back to Canada, file for a spousal visa and then you'd get a green card and be able to move right away. I did get married on the visa waver to my ex... but we never applied for a visa for the US as I was staying in England and he was going to come here. It wasn't illegal. It's only if you try to over stay that it becomes illegal. There is a way to adjust from visa waver, but it's only suposed to be used for exceptional circumstances.

[aaron2020 11,651]

So the gray area is they can't deny for preconceived intent but if you lie to enter the country then you are committing immigration which could get you denied. Is that the correct interpretation of those cases you mention? No. USCIS can deny for lying. USCIS can't deny for immigrant intent. A person can enter the US without lying. Furthermore, the burden is on USCIS to prove the beneficiary lied. This is just not a high priority when it involves the Immediate Relatives of US citizens.

Also I found this 2013 USCIS memo, which points to some of the potential drawbacks. 1- if the person goes out of status and is for some reaons put in removal proceedings the AOS process doesn't protect them. Well known that filing a petition does not stop a removal proceeding. 2- If the AOS petition is denied, except in the 9th district, they can't appeal the decision. From the VWP. No one can appeal a denial if he/she entered on the VWP. No appeal is a condition of using the VWP. Has nothing to do with immigrant intent.

https://www.uscis.gov/sites/default/files/files/nativedocuments/2013-1114_AOS_VWP_Entrants_PM_Effective.pdf