Need advice on best way to bring Canadian wife to USA

[Barrybb 0]

This is my first post after reading many posts on this and other sites providing help and guidance to those seeking to immigrate to the USA.

In a nutshell, I am a Canadian with three degrees (two from US University's) and have worked for the various levels of government in the USA for more that 25 years and have been a LPR since 1990. I have been married and divorced twice (both women were American citizens) and now I want to marry my Canadian girlfriend. Getting naturalized and a K-1 Visa would, by my best guess estimate, take about 14-18 months (is this correct?).

I also could marry her and apply for a 1-130 Visa and wait about 24 months (is this correct?). We live on the US/Canada border and are able to see each other at least every weekend. So while we would prefer to be together, its obvious that either path will not allow this to happen quickly. And, frankly, because I would need to naturalize and then apply for K-1 Visa, the two paths may not differ too much from a timeline perspective.

If I'm terribly wrong on the timing (which I may well be) and naturalization is much quicker, it also is more problematic due to a assault 4/DV charge that ended in deferred prosecution and was ultimately dismissed. Basically, did all the things required by the judge and stayed out of trouble, of course.

The only other dings I have on my record is one speeding ticket that was stayed. If I don't get another speeding ticket in the following 7-years it would be dropped. I was all just was pulled over two weeks ago for an illegal pass which I am going to fight because I have no idea why the Trooper pulled me over after passing a slow moving vehicle in an area that allowed for passing??

I wonder just how precarious is my situation. I have reached out to a couple of attorneys with little advice or guidance except you need to start paying me money to make sure this won't be a problem without providing any sense of the severity if the situation. Kind of like a mechanic who asks for CC number to fix your car without telling you anything about what the severity of the problems is with the vehicle.

I know that the renewal of my green card may incur less scrutiny than the naturalization process and therefore that's why the arrest was never an issue (maybe its because it is from 17 years ago?). I just don't know how to proceed. The quicker and apparently more dangerous path of the longer and safer path?

Any advice is greatly appreciated.

[canadian_wife 1,829]

The quickest path is to naturalize and petition. You can marry now, start the Cr1 spousal visa route and then update your petition when you naturalize. I do not believe than an LPR can file for a K visa so it looks like your quickest path is to marry and start the petition.

Your girlfriend will interview in Montreal, so add that additional cost when figuring out finances as well (lots of western coast people are shocked that they have to travel all the way to QC).

Our journey, although my husband was a USC at the time of filing, was 11.5 months which is pretty standard for the Canadian spouse of a USC.

Good luck

[NikLR 13,232]

~~moved to general immigration from IR1/CR1 process and procedures. Op is not yet a USC but is considering naturalizing. Topics are actually separate but co-mingled.~~

[aaron2020 11,651]

The quickest way is to marry and file now. Once you naturalize, you can upgrade the case.

By filing now, you put your wife's case into the system now. This is much better than waiting for naturalization at some future point and starting then to file for a fiancee or spousal visa.

The DV will be an issue. The US will be concern with her safety in granting a visa to her with a DV case in your background.

The speeding ticket is not a factor. Good people get speeding tickets.