K1/Marriage Question

[ChibiStar 0]

If this is in the wrong place, please forgive me. Just found this forum and am hoping to find some information because, gosh, this whole thing is a real headache and I haven't even started.

I met my fiance almost 3 years ago online. We were very good friends for 2 years and about a year ago I went up to visit him to see if there was any spark. Needless to say there was and we have been relatively (Or as much as you can be being from two different countries) inseparable. We see each other about every other week for anywhere between a weekend to a couple of weeks. But now we are at the point where we would like to move forward with our lives and future. He graduated college (university? I always get it confused lol) and is currently working as an apprentice at an automotive dealership. He wants to remain there working to continue gaining experience until he is able to work here.

Initially I wanted to just go to Canada and marry him and then apply for the adjustment of status (I-130 I think it is) however I divorced previously and since its out of country divorce its a lot more complicated. My question is this: I have seen countless things about marrying on a visitors visa in the US and staying, applying for adjustment however I cannot find anything on marrying in the US on a visitors visa, going BACK to Canada and then applying for all the adjustment stuff because at that point he isn't coming here with the intention of staying at that point. Does that make sense?

I really don't know why the whole system seems so archaic and overly complicated. Any bit of advice would be helpful. I'm just terribly overwhelmed by everything and feel like its going to take forever and a day to finally just have something so simple if he had just popped out on American soil.

[Pitaya 2,577]

~Moved from K1 Process to What Visa Do I Need Forum~

~Inquiry about family visa processes~

[Transborderwife 4,666]

Cr1 visa is what you're looking for

[Hypnos 6,576]

Adjustment of status means remaining in the US and then adjusting your status from nonimmigrant to immigrant/permanent resident. By leaving the country and pursuing an immigrant visa overseas, you wouldn't be doing adjustment.

It's perfectly legal to have him entry the country as a Canadian visitor, marry, file the I-130 (seeking a CR-1 immigrant visa) and then have him return to Canada to complete the rest of the process.

[ChibiStar 0]

Cr1 visa is what you're looking for

My understanding is that the CR1 Is for people already married, which we are not.

[Transborderwife 4,666]

She can marry on a tourist visa and return home so that you can file the cr1

[ChibiStar 0]

Adjustment of status means remaining in the US and then adjusting your status from nonimmigrant to immigrant/permanent resident. By leaving the country and pursuing an immigrant visa overseas, you wouldn't be doing adjustment.

It's perfectly legal to have him entry the country as a Canadian visitor, marry, file the I-130 (seeking a CR-1 immigrant visa) and then have him return to Canada to complete the rest of the process.

Okay and would that pose any risk of them saying we committed visa fraud which I read about? Forgive my ignorance on this, seems you can read this stuff for days and it is still mind boggling

[NikLR 13,227]

You can do the k1 which would require marrying in the USA and the adjustment of status. It takes 4-8 months to get the fiancé visa, then after marriage and filing AOS, another 3 months to be able to work or travel outside the USA. Or you can get married anywhere and do the CR1 route. That would result in a green card upon entry after about a year. Beneficiary can work and travel right away.

[Hypnos 6,576]

You aren't committing fraud.

[NikLR 13,227]

Okay and would that pose any risk of them saying we committed visa fraud which I read about? Forgive my ignorance on this, seems you can read this stuff for days and it is still mind boggling

Marrying and leaving? No. Visa fraud is when you enter the USA without an immigrant or dual intent visa and intend to stay. The CBP would deny you entry and lying to the CBP is not a good idea, since it's illegal.

Which one of you is the USC?

[ChibiStar 0]

Marrying and leaving? No. Visa fraud is when you enter the USA without an immigrant or dual intent visa and intend to stay. The CBP would deny you entry and lying to the CBP is not a good idea, since it's illegal.

Which one of you is the USC?

Yea definitely don't want to lie to them. They scare the ####### out of me on a regular basis lol But okay that makes me feel better about that. I just want this all to go smoothly and want to stop having to say goodbye

*Edit - I am the USC, born and raised here, 32 years old. He is the Canadian citizen and I never in a million years would've thought I'd be in this situation :x

Edited April 5, 2016 by ChibiStar

[NikLR 13,227]

Yup i understand!

[Dal&Rose 45]

Chibistar - you aren't the only one! Except I got it worse, I fell for a guy in England! LOL At least yours is in Canada and see regularly. BTW, we chose CR1 visa because he didn't want to wait to work after arriving. WIth a CR1 visa, after entry the immigrant is consider legal permanent resident and authorized to work immediately and travel out of country it desired. Also, we married in Colorado and he's back in England, so no visa fraud of marrying and returning. Good luck!

[Cathi 5,755]

You may think our immigration system is archaic but it is what it is. You can thank all of the people who have gone before you and the people who still continue to commit fraud in order to obtain green card status in the US.

[ChibiStar 0]

Chibistar - you aren't the only one! Except I got it worse, I fell for a guy in England! LOL At least yours is in Canada and see regularly. BTW, we chose CR1 visa because he didn't want to wait to work after arriving. WIth a CR1 visa, after entry the immigrant is consider legal permanent resident and authorized to work immediately and travel out of country it desired. Also, we married in Colorado and he's back in England, so no visa fraud of marrying and returning. Good luck!

Oh I am so happy to hear this! This makes me feel tons better That was our big thing since he would go crazy if he wasn't able to work haha

You may think our immigration system is archaic but it is what it is. You can thank all of the people who have gone before you and the people who still continue to commit fraud in order to obtain green card status in the US.

Very true, which was a big reason I wanted to get everything right and not make things harder for anyone down the road someday with my ignorance