K-1 or CR-1? Any help is appreciated

[kbmoon 2]

So after talking with an immigration lawyer and the slew of information online, I'm afraid i'm still confused on which way to proceed.

 

I recently got engaged. My fiance is a canadian citizen and i'm a us citizen. We both want to get married in the states. She currently lives in Canada and me in the States. One of our biggest concerns is she wants to continue working in Canada up until the wedding. With the K-1, it sounds like she won't be able to go back and forth when the visa is issued. We understand there's probably going to be at least 3 months where she won't be able to work. My question is, if we were to get legally married in canada and then start the green card process (CR-1) while she's still living in canada, would she be able to still go back and forth to the states? We don't mind having getting legally married and then having the ceremony later. Is there a certain visa that would be more beneficial in our situation?

 

Any help would be appreciated!

[Unlockable 7,314]

8 minutes ago, kbmoon said:

So after talking with an immigration lawyer and the slew of information online, I'm afraid i'm still confused on which way to proceed.

 

I recently got engaged. My fiance is a canadian citizen and i'm a us citizen. We both want to get married in the states. She currently lives in Canada and me in the States. One of our biggest concerns is she wants to continue working in Canada up until the wedding. With the K-1, it sounds like she won't be able to go back and forth when the visa is issued. Correct. Until she gets her travel documents she will have to stay in the US. Travel documents can take up to 90 days for her to receive. We understand there's probably going to be at least 3 months where she won't be able to work. Correct. Just like the travel document, could take up to 90 days or more. My question is, if we were to get legally married in canada and then start the green card process (CR-1) while she's still living in canada, would she be able to still go back and forth to the states? YES. We don't mind having getting legally married and then having the ceremony later. Is there a certain visa that would be more beneficial in our situation? Yes, she can come on a visit to the US, you two get married, then she can return to her country and continue working while the spousal visa process is under way. She can even continue to visit after you submitted the spousal petition.

 

Any help would be appreciated!

See above in red.

[kbmoon 2]

Thank you for your quick response. 

 

By coming to the US to visit and then get married, wouldn't that be fraud? Or is only fraud if she continued to stay in the states? I've also heard just getting legally married and having marriage certificate is not enough. You need proof of a bona fide wedding?

[geowrian 22,337]

1 minute ago, kbmoon said:

Thank you for your quick response. 

 

By coming to the US to visit and then get married, wouldn't that be fraud? Or is only fraud if she continued to stay in the states? I've also heard just getting legally married and having marriage certificate is not enough. You need proof of a bona fide wedding?

If she enters the US with the intent to marry and file AOS, then that's fraud. Coming to the US and just marrying is not fraud.

 

A marriage certificate will be necessary. However, you will also need to prove a bona fide marriage during the process. Not a "bona fide wedding".

[Unlockable 7,314]

It is fraud if she enters with the intent of staying and adjusting. She can visit, get married and return to Canada. And even continue to visit afterwards.

 

A court wedding is sufficient. But you indicated that you both want a formal wedding in the US. You can definitely do that in your situation.

[NikLR 13,227]

~~moved to what visa do I need from K1 process and procedures~~

 

If working and travel are important, definitely go the CR1 route. 

[kbmoon 2]

Thank you all for the quick and informative responses. Awesome community. Would anyone recommend using service such as rapid visa or even a lawyer? I ask because I would not like to have any delays or mistakes along he way. Thank you again for the help! Much appreciated 

[NikLR 13,227]

Lawyers tend to cause mistakes. We did the process ourselves and it was quick.  Follow the guides and you should be fine.  

[JFH 12,190]

The only requirement of the wedding ceremony is that itis legal where it took place. Courthouse wedding in your own county, beach wedding in Hawaii, themed wedding at Disney World or quickie Las Vegas wedding... whatever suits you and your budget. Your wedding, your money = your choice. You must demonstrate three things in the petition:

 

- that you are eligible to file a petition (you must prove you are a US citizen or green card holder)

- that the marriage is legal

- that the marriage is for love and not for immigration benefit for your spouse

Edited January 7, 2017 by JFH

[javadown2 308]

No, don't get a lawyer or use the rapid visa (not that it's bad) but you will have no problems doing this yourself (the CR-1), like others stated follow the guides and read/search for as much info as you can, really it is more tedious then difficult, fill everything out exactly and don't leave anything out. You can do this! VisaJourney was your best option for questions, good luck!

[millefleur 5,046]

On 1/7/2017 at 3:43 AM, NikLR said:

Lawyers tend to cause mistakes. We did the process ourselves and it was quick.  Follow the guides and you should be fine.  

It's true, I've read multiple stories on VJ of lawyers giving bad advice or even just messing up resulting in RFE's or worse. Don't get a lawyer unless it's absolutely necessary.

 

If you are newlyweds, by the way, you can submit evidence from your wedding if friends and family members attended. That plus any other evidence of an ongoing relationship is fair game.

 

 

[sajan953 4]

On 1/7/2017 at 1:16 AM, kbmoon said:

Thank you all for the quick and informative responses. Awesome community. Would anyone recommend using service such as rapid visa or even a lawyer? I ask because I would not like to have any delays or mistakes along he way. Thank you again for the help! Much appreciated 

It would just be a waste of money (for an already expensive procedure) in my opinion. As long as you use this website, read all instructions etc... you will be fine. Majority of us on this site filed without a lawyer or rapidvisa. Especially if you plan to do the K1/3... thats a fast process. 

 

Just remember that if you do do Cr1, that she will have to give a good deal of evidence that she intends to return to Canada (is just visiting you) during the process. There have been people on the site that have thought they could travel from Canada to the US without any problems during their CR1 processing... and got a not so pleasent surprise at the airport. 

[NikLR 13,227]

8 hours ago, sajan953 said:

It would just be a waste of money (for an already expensive procedure) in my opinion. As long as you use this website, read all instructions etc... you will be fine. Majority of us on this site filed without a lawyer or rapidvisa. Especially if you plan to do the K1/3... thats a fast process. 

 

Just remember that if you do do Cr1, that she will have to give a good deal of evidence that she intends to return to Canada (is just visiting you) during the process. There have been people on the site that have thought they could travel from Canada to the US without any problems during their CR1 processing... and got a not so pleasent surprise at the airport. 

K3 are obsolete. 

[sajan953 4]

10 hours ago, NikLR said:

K3 are obsolete. 

USCIS really needs to take it off their site, its pretty confusing. ?

[NikLR 13,227]

22 minutes ago, sajan953 said:

USCIS really needs to take it off their site, its pretty confusing. ?

It's still available.  Just so rare it happens less than 1%.