Visa Advice for U.S. Citizen & Canadian Fiance

[Leek718 0]

Hello all,

 

I was wondering if anyone would be able to provide advice as to which visa (K-1/CR-1) I might want to look into for my situation, as it has been quite a headache. 

 

I am a U.S. Citizen, and recently got engaged to my Canadian fiance last month. We were hoping to have a wedding in Canada next summer, before she would move to live with me in the States. Due to the circumstances of immigration, we realized this would likely have to be a purely symbolic ceremony. At first, we planned to file the K-1, but from reading some of the posts on this site, it seemed that conducting a purely symbolic wedding ceremony might be difficult due to what classifies a wedding as "official." 

 

I had a free consultation with an immigration lawyer a few days ago, and he strongly pointed me towards the CR-1 route, but I'm not quite sure I understood the process correctly. He made it seem as if my fiance would have to remain in the states from the time the CR-1 was filed until she received approval, but from light searching it appears that after getting married in the States she would have to return to Canada waiting for the CR-1 approval. So in this case - in theory - if she were to enter the states next month, get married, then return to Canada waiting for approval, would we still be able to have a ceremony in Canada (without paperwork)?  And while waiting for the CR-1 to be approved over the following months, could she still visit for months at a time?

 

 

So I guess to sum up my question here, would the K-1 or CR-1 route be ideal if we wanted to have any ceremonial wedding of sorts in Canada (if even possible) sometime next summer, during the process of waiting for the visa approval? 

[Vetomo 69]

K-1 visa is stand for you guys to married before 90days of her enter to state while cr-1 is that you guys married less than 1 year when she receive the cr-1 you have to file again for her to get 10 years permanent resident.

[WeGuyGal 1,052]

What's a ceremony in Canada (without paperwork)?  Confusing..

[NikLR 13,227]

Personally I would do the CR1 route.

All interviews are in Montreal so western Canadians lost the Vancouver advantage of the K1.  

Canadian beneficiaries can collect EI.  However we need to fulfil the requirements of ready, willing, and able to work which a K1 cannot do until they get their EAD.  Processing times change, but currently it's taking about 4-6 months.

K1 right now take 8+ months and another year to green card after AOS.  CR1 takes 12-14 months to visa and it immediately becomes a green card upon entry.  But you have to be married first with the marriage certificate.  

No I would not recommend anything that looks, smells, resembles, walks, talks a wedding ceremony.  Even if the USCIS doesnt catch it and the consulate does not, the CBP have turned people away because of what looks like marriage in photos etc... 

[NikLR 13,227]

Re visiting:  I always suggest shorter vs longer visits.  Pack appropriately (even lightly.) Keep your job or schooling active.  Have evidence of your ties to your home country (employer letter, leases, bills, etc... ) be concise and truthful.  

[Dashinka 24,514]

On 12/20/2017 at 11:43 PM, Leek718 said:

Hello all,

 

I was wondering if anyone would be able to provide advice as to which visa (K-1/CR-1) I might want to look into for my situation, as it has been quite a headache. 

 

I am a U.S. Citizen, and recently got engaged to my Canadian fiance last month. We were hoping to have a wedding in Canada next summer, before she would move to live with me in the States. Due to the circumstances of immigration, we realized this would likely have to be a purely symbolic ceremony. At first, we planned to file the K-1, but from reading some of the posts on this site, it seemed that conducting a purely symbolic wedding ceremony might be difficult due to what classifies a wedding as "official." 

 

I had a free consultation with an immigration lawyer a few days ago, and he strongly pointed me towards the CR-1 route, but I'm not quite sure I understood the process correctly. He made it seem as if my fiance would have to remain in the states from the time the CR-1 was filed until she received approval, but from light searching it appears that after getting married in the States she would have to return to Canada waiting for the CR-1 approval. So in this case - in theory - if she were to enter the states next month, get married, then return to Canada waiting for approval, would we still be able to have a ceremony in Canada (without paperwork)?  And while waiting for the CR-1 to be approved over the following months, could she still visit for months at a time?

 

 

So I guess to sum up my question here, would the K-1 or CR-1 route be ideal if we wanted to have any ceremonial wedding of sorts in Canada (if even possible) sometime next summer, during the process of waiting for the visa approval? 

To answer your specific question, I would also steer you toward the spousal visa.  Get married, file the paperwork, and as @NikLR suggested, make short visits during the processing time.  Once you are married and filed the I130 package you can have a party/ceremony in Canada for the family and friends there, and you will be surprised how quickly the 12-14 months will pass by.

 

Good Luck!