Canadian engaged to American... help!

[abigailD 0]

I'm a Canadian Citizen and I just got engaged to an American Citizen. I am planning on moving permanently to the US after we get married. We are planning on going outside the US for our honeymoon... I dont know if this causes any problems. What sort or visa/green card should I be looking into and when should I start filing for everything to live in the US with my husband-to-be after our wedding?

We are planning on having the ceremony in Canada for family & friends, does it make it easier if I get married "on paper" in a court of justice in the US before our "ceremony"?

Any help would be much appreciated! Thanks!

[bostonparis 0]

I know this isn't going to sound helpful, but it really will be - read the guides for a fiance visa, then ask if you have more specific questions...

[raymaga 25]

You will need to find out more information from the VJ "Guides" and "Visa FAQ" sections, as well as from the USCIS website before we can answer any of your questions. There is way too much information to give you here in order for you to make your decision.

You have several options with regards to marrying a U.S. citizen and living in the U.S., but you will need to know those options before doing anything further at this point.

You can either apply for a K-1 (Fiance) Visa which requires you to get married in the U.S. 90 days after the visa approval and your move to the U.S., or you can get married in either the U.S. or Canada and apply for a K-3 (Spousal) Visa, but you will not be permitted to live in the U.S. after your marriage until after the visa is approved.

You will find all kinds of valuable information here on VJ, and then you can ask some more specific questions after you are well informed on all your options.

Good luck.

[j-manu 0]

Yes read the guides. You have a couple options. If you file for a K-1, then you have to get married in the USA and not Canada. I believe there are limits on your traveling. The guides will give you more details.

My wife and I had a civil wedding and then filed for a CR-1. We then planned and had a Church wedding in her home country with her family 7 months after the civil wedding. She had her visa in hand and after the honeymoon, she moved here to the USA.

Good luck and welcome to VJ.

[CountryBoy 0]

Refer to the guides for sure .. they are very helpful

CB

[mwinburn 0]

Refer to the guides for sure .. they are very helpful

CB

I'd recommend not getting too carried away on the details of your wedding or honeymoon until you review the visa types available. For instance, if you go with a K-1, you aren't going to be able to honeymoon outside the US or its territories. This is one of the things we had to give up that we'd wanted to do.

[flutter95 4]

Refer to the guides for sure .. they are very helpful

CB

I'd recommend not getting too carried away on the details of your wedding or honeymoon until you review the visa types available. For instance, if you go with a K-1, you aren't going to be able to honeymoon outside the US or its territories. This is one of the things we had to give up that we'd wanted to do.

The only way honeymooning outside the US would work is waiting awhile. Getting married soon after entry and filing for AOS including Advance Parole will allow you to leave the us and re-enter, however you cannot file for that untill you file for AOS and you cannot file for AOS until you are married. It seems to take about 90 days or so to be granted.

To the OP, like the others said, read the guides to learn more about the process and see what best suits your needs.

Edited April 21, 2007 by flutter95

[abigailD 0]

Thanks for all the help. I've read through the guides and FAQ... or at least tried to, it gets a bit confusing with all the different types of visas there are. After reading more about each visa, i think that I should get married "legally" in the US and then apply for the K-3 visa... If I do this say a month before our "ceremony", will I be able to have my ceremony in Canada? The K-3 said something about re-entry being ok... I think. Will I also be able to travel outside the US for my honeymoon?

Thanks for all the help! =)

[Cassie 8]

One of the things you're going to have to understand quick is that you won't get any type of visa in a month. I don't mean that to be rude, you just need to understand that this is not a fast process at all.

[Dan J 277]

Depending which service center and consulate you go through, visa processing could take 6-12 months. Even more if you end up with problems with your petition.

If you decide to go with the K-3 route, you will first have to be legally married. You can have a wedding anywhere, Canada, US or even another country as long its considered a legal wedding. Once you are married, you will need to return to Canada if you were married in the US, and then have your USC spouse file for K-3. The waiting game begins.

You can travel to the US, while the visa is processing, but you will have a higher burden of proof that you have no intention to immigrate. Bring letters from your employer, lease agreements, and other proof that you will be returning to the PoE.

[KarenCee 3]

Thanks for all the help. I've read through the guides and FAQ... or at least tried to, it gets a bit confusing with all the different types of visas there are. After reading more about each visa, i think that I should get married "legally" in the US and then apply for the K-3 visa... If I do this say a month before our "ceremony", will I be able to have my ceremony in Canada? The K-3 said something about re-entry being ok... I think. Will I also be able to travel outside the US for my honeymoon?

Thanks for all the help! =)

I don't suppose it matters where you marry if you plan on going the K3 route. You would still need to wait out the process in Canada and when the K3 is approved and visa issued then you can come into the US. From what I've read, the K3 is a multiple entry visa and I *suppose* one could travel on a honeymoon outside the US as long as the K3 isn't expired. My husband and I went the K1 route as most on here will tell you is a bit faster than the K3. Still, it took about 7-8 months for the first step of this process to be completed. Also have a look at the Visa FAQ section...there are some good questions regarding the K3 process. Best of luck with whatever y'all decide.

[Flames9_RN 359]

Yep not a fast process, could take a year!!

K1, is a fiance visa, like the above stated it could take 6-8 months. oncer you have the visa, you the ncoem to the USA to get married, which you have upt to 90 days to do so! It is a ONE time entry visa. Until you AOS (adjust of status) or get AP (advance parole) u can't go ut of the USA, which includes Canada!! It is SUPPSOEDLY the fatser of the methods (K3, cr-1) When I say SUPPOSEDLY, nothing with immigrated to the USA is set in stone!! 2 people could fikle at the exactly same time, go through the same processing centres, yet finish the process at different times!! There are a lot of frustratin gthings with the process, so one has to be patient!

I went the cr-1 route so not up to date with K1 or K3, each has their plus's and minuses, you have to take the time and read the guides and decide what is best for you!! in Canada, there are only two consulates that do the k1 and K3 visas, vancouver ot Mtl. Vancouver is much faster than Mtl at dishing out the interviews. Where you get interviewed depends where you live in Canada, but some that should be interviewed in Mtl have managed to get their case transferred to Van, many consider the extra $$$ in airfare to van worth it!!

Can you travel to the USA while this process is ongoing?? yes and NO! lol many have done it (including myself) with no problems! Some do get more heavily questioned, but still gain entry, and some do get denied (if ur honest, thats fine, won't harm ur visa) When travelling to the USa have prrof of tiers to canada (house lease, job from employer, immigration paperwork, etc) Always tell the truth to the POE (port of entry) officer. Answer thier questions, but don't keep blabbing away, if u know what I mean. Dont have tons of luggage or job resumes !!

What I did was on a trip to tthe USa was got married, then RETURNED back to canada, and we went through the cr-1 process. Dont look at my timeline as things were much faster than. probally look at atl east a year for the k3 or cr-1!! But ya never know, things could speed up, as I stated earlier, one must be very patient!!

Take your time filling out the forms, be neat, NEVER USE white out, ensure there are no blank spaces( use n/a, none,etc) Ask question son VJ, I belive i the gallery and "example of forms" on the top of the page wil provide u valuable assistance on filling out the forms, you do not want a RFE (request furthe evuidence) as that slows things down!! You wil lrequire a CANADA wide police background check (from local RCMP or police stn), very weasy document to get ( if NO criminal record, then just the canada wide background check, IF you have eveer had a criminal record, then u require fingerprinting as well, which can take like 4 months, check out rcmp.ca website) As well yuo wil require a LONG form birth cert (its the 1 that has ur parents names on it) There are more documents that u may require as well (divorce cert, phots,etc) but by reading the guides u will find that out. Best of luck

[Chica Yeyé 41]

Yep not a fast process, could take a year!!

K1, is a fiance visa, like the above stated it could take 6-8 months. oncer you have the visa, you the ncoem to the USA to get married, which you have upt to 90 days to do so! It is a ONE time entry visa. Until you AOS (adjust of status) or get AP (advance parole) u can't go ut of the USA, which includes Canada!! It is SUPPSOEDLY the fatser of the methods (K3, cr-1) When I say SUPPOSEDLY, nothing with immigrated to the USA is set in stone!! 2 people could fikle at the exactly same time, go through the same processing centres, yet finish the process at different times!! There are a lot of frustratin gthings with the process, so one has to be patient!

I went the cr-1 route so not up to date with K1 or K3, each has their plus's and minuses, you have to take the time and read the guides and decide what is best for you!! in Canada, there are only two consulates that do the k1 and K3 visas, vancouver ot Mtl. Vancouver is much faster than Mtl at dishing out the interviews. Where you get interviewed depends where you live in Canada, but some that should be interviewed in Mtl have managed to get their case transferred to Van, many consider the extra $$$ in airfare to van worth it!!

Can you travel to the USA while this process is ongoing?? yes and NO! lol many have done it (including myself) with no problems! Some do get more heavily questioned, but still gain entry, and some do get denied (if ur honest, thats fine, won't harm ur visa) When travelling to the USa have prrof of tiers to canada (house lease, job from employer, immigration paperwork, etc) Always tell the truth to the POE (port of entry) officer. Answer thier questions, but don't keep blabbing away, if u know what I mean. Dont have tons of luggage or job resumes !!

What I did was on a trip to tthe USa was got married, then RETURNED back to canada, and we went through the cr-1 process. Dont look at my timeline as things were much faster than. probally look at atl east a year for the k3 or cr-1!! But ya never know, things could speed up, as I stated earlier, one must be very patient!!

Take your time filling out the forms, be neat, NEVER USE white out, ensure there are no blank spaces( use n/a, none,etc) Ask question son VJ, I belive i the gallery and "example of forms" on the top of the page wil provide u valuable assistance on filling out the forms, you do not want a RFE (request furthe evuidence) as that slows things down!! You wil lrequire a CANADA wide police background check (from local RCMP or police stn), very weasy document to get ( if NO criminal record, then just the canada wide background check, IF you have eveer had a criminal record, then u require fingerprinting as well, which can take like 4 months, check out rcmp.ca website) As well yuo wil require a LONG form birth cert (its the 1 that has ur parents names on it) There are more documents that u may require as well (divorce cert, phots,etc) but by reading the guides u will find that out. Best of luck

Bumping the thread and adding... flames is THE MAN!!! Even if he can't roll up the rim to win now, he he.

[abigailD 0]

Thanks again for all the help. I understand that this isnt a fast 1 week operation to do, I'm just trying to figure out which option is the best for my situation. Does anyone know what the difference is between these visas (k-1 or k-3) and getting a green card through marriage? Is it longer/harder/easier?

Thanks!

[Dan J 277]

The fastest way to get a green card is the CR-1/IR-1 option. Though its not nessiarly the fastest for you to get together with your fiancee. K-1 and K-3 require you to apply for AOS after you enter the US, which takes another 6 months or so. CR-1/IR-1 might take a little bit longer, but you get a Green Card right away.