Canadian Marrying an American - K1 or CR1?

[miabae 0]

Trying to figure out which route to take? K1, K3 or CR1?  I am a Canadian who is planning to marry an American, and i will be moving to the United States eventually.

 

Any information on pros and cons would be appreciated.

 

Does anyone know if while visiting my Fiance in the United States, we can get married - then when i come home we can file for a CR1?  I'm getting mixed responses with people telling me that if we get married there i have to stay there until i get my Visa? 

 

Also, if we go the CR1 route, can i visit the United States while our paperwork is being processed?

 

HELP Please!

[Georgia16 2,858]

Start here: http://www.visajourney.com/content/compare

 

Staying would make it visa fraud if you marry in the states.

 

K-3 is not really giving anymore so it will be K-1 or CR-1.

 

It really depends on your plans.

 

K-1 is a fiancé visa. You apply for it and when approved and you have arrived here you'll have 90 days to get married. After getting married you'll have to apply for AOS (your GC) and AP (to travel) and EAD (to work) AP/EAD takes about 90 days from when you apply. Most states you can't drive before you get the EAD either. This takes about 5-9 months right now.

 

CR-1 is a spouse visa. You can get married where ever you want to. It takes about a year to get but when you arrive you will have the GC so you can work and travel right away. 

[geowrian 22,338]

Yes, you can get married while visiting in the US. However, you CANNOT enter the US with the intent to file AOS. That would effectively be visa fraud (I know Canadians don't need a visa to travel to the US, but they still enter under tourist status, which has non-immigrant intent). I think you're misunderstanding what others have told you. If you are in the US, you cannot get any visa. Visas are only for entry into the US, and specify the status you maintain while in the US.

 

Yes, you can visit the US while waiting for the CR-1. However, know that you will have documented immigrant intent so they may require significant proof of ties to return back to Canada at the end of your stay. They may turn you away at POE, so just be prepared, and always be 100% honest. Being turned away won't hurt your CR-1 chances. Some people never have any issues or are even given a second look and do it multiple times. Others are turned away the first time. It all depends on your ties and showing CBP that you will return home.

Edited January 31, 2017 by geowrian

[NikLR 13,231]

~~moved to what visa do I need from IR1/CR1 process and procedures~~

 

Have you looked through our comparison guides? There are a lot of factors at play here.  

Does it matter if you live together right after marriage?

Do you like to work or can you sit at home for 90 days?

Do you care where you get married and what kind of wedding you have?

Is travel outiside the country important?

Will cost of the visa process come into play at all?  

Answers to some of these will help you pick a visa path.  

[KierenHby 899]

1 hour ago, miabae said:

Trying to figure out which route to take? K1, K3 or CR1?  I am a Canadian who is planning to marry an American, and i will be moving to the United States eventually.

 

Does anyone know if while visiting my Fiance in the United States, we can get married - then when i come home we can file for a CR1? Yes

 

Also, if we go the CR1 route, can i visit the United States while our paperwork is being processed? Yes

If in Canada and UNmarried, then a K1. 

If in Canada and married, then a CR1. 

[NikLR 13,231]

Many canadians choose the Cr1 route even if they arent married to begin with.  K1 is more expensive, takes longer to green card,  you cant collect ei or work right away (causing a greater loss of income) and you cant travel.  For us, we got married first on purpose after looking at all the options (including immigration to Canada.)  Others may decide those issues dont matter to them (the no working thing for 90 days bugs most people more than they think it will) and that living together after marriage right away is paramount.  Thankfully we have options!