Confused Canadian

[mtlgirl 0]

My partner and I have been together for almost 2 years (he is from the us, I am from canada), we have talked about marriage as we want to be together more long term than just visits, but have no real plans to do so currently.

However, i'm just curious so I've been doing some research. Our ultimate goal is to be together as quickly as possible, and eventually to live in the us together. So that being said:

What is the difference between getting married in Canada vs. the US for us? How does that change the process?

If we apply for a CR1 visa, is it absolutely necessary that I leave the us for the entire processing time (approx. 1 year?)

Is it possible for me to be able to work legally in the US sooner if we were to go the K1 route? Or which way allows for me to be able to work legally sooner?

How long does it take to even get the k1? I know you must marry within 90 days of receiving it, but how long from applying until you actually are approved for one?

Is there a clear choice for a us/canada marriage? I don't mind being in the us and not being able to work for a period if it means being together quicker, but is it ultimately more time consuming/expensive to get a fiancé visa over the cr1?

As you can tell my research has confused me and I feel like I'm hearing conflicting things. I guess I'm just wondering what the most straight forward way is? And how can we be together sooner?

[Cathi 5,755]

If you marry in the US, you must first have an approved K-1. If you marry in Canada, you would go the cr1 route. You cannot legally work with a k-1 until you file for AOS and get EAD, which comes about 90 days after you apply for AOS. No one can tell you exactly how long either process will take as times vary from service center to service center and country to country. The first thing you need to do is familiarize yourself with each visa by studying the guides above. Most of your questions can be answered there.

[Georgia16 2,858]

Hey and welcome

You can compare the K-1 and the CR-1 here: http://www.visajourney.com/content/compare

Read about K-1 here: http://www.visajourney.com/content/k1guide

And CR-1 here: http://www.visajourney.com/content/i130guide1

With the CR-1 you get the GC (2 year conditional GC) when you enter and is therefore allowed to work right away it takes about a year to get the CR-1 visa. You are also allowed to leave the country with the CR-1 right away.

The K-1 takes about 4-6 months and you'll need to get married within 90 days of your entrance. After the wedding you'll apply for AOS (Adjustment of status) your GC with that you also send in the EAD (work permit) and AP (Advance parole) AP so you can travel outside the country. The GC takes about 6months to 1 year and the EAD and AP about 60-90 days to get so you can't leave the country or work before you have those two. AOS cost $1,070

Both visa's:

You can still visit doing this process but you can't live there and you'll have to do the medical and interview home in Canada. And please remember it is always up to the boarder controller if they will let you in.

So it's really up to you guys what will be the best fit for your situations. Everbody is different and some do best with the CR-1 and others with the K-1.

I wish you a good journey

[JFH 12,190]

If you marry in the US, you must first have an approved K-1.

Just to clarify this, you only need a K-1 if you plan to marry and STAY in the USA. You can marry in the USA as a visitor and go home while the CR-1 is in process. I did that. What I'm trying to say is, it doesn't matter where you get married. You don't have to get married in a Canada for a CR-1. You can get married in the Bahamas, for example, if you want - the only requirement is that the marriage is legal. And you don't have to do a K-1 to marry in the USA if you are just going there to get married and then come home.

[NikLR 13,227]

simple story:

CR1 - must be married first, shorter to green card, longer to visa, less expensive

K1 - must have met first, longer to green card, shorter to visa, more expensive

You can visit on both paths. You are not blocked from visiting unless the CBP says that day, no you cannot go. Yes it'####### or miss, but most of us have zero issues. Generally issues arise when people don't have concrete plans to return back to Canada, are taking REALLY long trips, or don't have jobs or schooling to return to.

As of April this year, all interviews for K1 and CR1 will be done in Montreal, Canada.

You have to decide which is most important to you as a couple.

• Does money matter? No matter how you slice it, the immigration process is expensive. Between petitions, moving, travel for interview and medical, etc... If you're trying to save money, make a wise decision here.
• Does working matter? Yes, not working for at least 90 days when you normally work full-time WILL matter to you... trust me! We have thousands of posts on VJ about exactly this.
• Is it imperative that you live together as a couple after marriage? For some people this is a big deal. For us, it wasn't, apart was apart, regardless of a piece of paper.
• Does it matter where/how you get married? Do you want a big wedding with lots of family there? Is planning the wedding a big deal? Can you do two weddings? Is the honeymoon a big deal?

Once you get to that point of wanting to be married, then decide where you want to live. Maybe your partner would rather be up in Canada? You can apply within Canada with intent to move there, something that isn't allowed in the USA.

Best of luck to you in the future. I know I raised more questions than answers but the answers to those questions ultimately help you decide what is the best route for you guys. Not being able to travel ASAP wasn't something I was willing to do. The K1 was crossed off immediately because of that issue, plus we knew that it would be easier for my SO to immigrate to Canada if we were already married. Decision made.