Bringing a Canadian spouse to the US

[jking09 0]

I am a Canadian citizen as well as an American citizen, my girlfirend of 5 years and I are getting married. She is a Canadian citizen. I recently received a job offer in the US that starts at the end of November, and her and I are currently living together and wish to continue that arrangement. I am wondering if we should get married in Canada (where we currently are), then move to the US and start the K-3 visa process, or start the K-1 visa process and get married in the US. Intuitively it seems like getting married ASAP in Canada is easier since we are both citizens, then moving to the US with a spouse rather than a fiancée will give us more legitimacy for the visa process. Once we're in the US, married, and she is visiting we can adjust her visiting status to nonresident immigrant as a spouse of a US citizen, right? This whole process is confusing me and I was hoping I could get some insight from someone on this site. Thanks for any help in advance! 

[canadian_wife 1,829]

I wish it was as easy as entering the US as a visitor and adjusting her staus.  However that is visa fraud.  

 

Please look at the links here for K1 visa vs. the CR1 visa and good luck.  

[Crazy Cat 42,644]

8 minutes ago, jking09 said:

we can adjust her visiting status to nonresident immigrant as a spouse of a US citizen, right?

No.......you can look at the guides and decide whether the K-1 or CR-1 is better for you.

http://www.visajourney.com/content/guides/

 

CR-1 is less expensive than K-1

CR-1 results in a Green Card withing a few weeks after entry to US

CR-1 allows the immigrant to immediately work and travel outside the US

 

K-1 is quite a bit more expensive than a CR-1

K-1 does not result in a Green Card until after the AOS process (months and months later)

K-1 immigrant can not work or travel outside the US until EAD and Advance Parole are approved (3 to 4 months after filing concurrently with AOS).

 

 

 

[jking09 0]

Isn't it legal for a Canadian citizen to enter the US for up to 6 months as a visitor? I read on the USCIS website that an immediate relative (husband or wife) can adjust status after legally entering the US and petition for a green card. So I'm unclear what obstacles there are to legally entering the US, then filing the I-130 form and adjusting her status. She'll be unable to work for some time but I can support, sponsor, etc. Why is the fiancée visa quicker? 

[Crazy Cat 42,644]

Just now, jking09 said:

Isn't it legal for a Canadian citizen to enter the US for up to 6 months as a visitor? I read on the USCIS website that an immediate relative (husband or wife) can adjust status after legally entering the US and petition for a green card. So I'm unclear what obstacles there are to legally entering the US, then filing the I-130 form and adjusting her status. She'll be unable to work for some time but I can support, sponsor, etc. Why is the fiancée visa quicker? 

Entering the US in a non-immigrant status with the intention to adjust status is visa fraud.......and can result in a lifetime ban.........don't try it!!!

 

and this web site does not condone or even allow discussion of fraud....

The K-1 is actually slower from filing to Green Card in hand....

[Crazy Cat 42,644]

Read this:

https://www.soundimmigration.com/can-i-enter-on-a-visitors-visa-b-2-and-then-adjust-status-to-permanent-resident/

[jking09 0]

Ok so next steps should be filing for the K-1 visa and getting married in the US. That seems to be the overwhelming consensus. Once the K-1 visa has been approved she can enter. During that approval process is she able to visit for periods of time or does a pending visa make it more difficult to enter the US? 

 

And obviously when I say visit I mean she can help me move, go back to Canada, come back again to visit, then return to Canada to wait for the Visa. Is that allowed? 

Edited October 8, 2017 by jking09

[Crazy Cat 42,644]

She can visit,but she MUST convince the CBP officer that she will return to Canada........entry into the US is never guaranteed.

[jking09 0]

Ok thanks, that article probably saved me a lot of grief I appreciate it. So, in conclusion, it would be best to NOT get married in Canada, because that may put up a red flag and get her in trouble. NOT live in the US or over-stay a visitor visa, and immediately file for the K-1 visa so we can get married in the US after a lawful entry into the US with that aforementioned K-1 visa after approval? 

[Crazy Cat 42,644]

Getting married in Canada is perfectly fine........and visiting in the US is fine during processing of a CR-1......In fact, if you are close enough for frequent visits, the CR-1 might be more attractive to you.  It does not require travel restrictions after entry, and there is no year-long wait for a Green Card after adjustment of status.

 

Unfortunately, wait times for K-1 visas are getting longer and longer, thus making CR-1 visas more attractive and more practical.

 

just my 2 cents........Good Luck.