Advice for newbie

[mayaz 0]

I have been reading the website since a few days now and today I came across the CR1 vs K1 controversy. 

 

I am a brazilian and italian citizen currently living as a permanent resident in Canada. Me and the bf (US born citizen living in the US) are planning our next steps for me to go to the US. 

 

We have so far been inclined for the K1 (due to the shorter time period, we really want to be together). But reading through the comparison I am questioning if that inclination is wise or not. 

 

So here are my questions

 

1) Would we be able to get married in Canada and then apply for a CR1 or would that need to be in a country in which I am a citizen (say Brazil)? Is there a visa procedure for that or just show up and do the thing? Or if we do it in the US is that considered a violation of my declared reasons for visitation (I have ESTA and visit as a tourist through it)? I tend to be very strick with following laws and proper rules and would rather err on the side of caution. 

 

2) Will CBP/USCIS be angry if we skip the K-1 step? With the hardening of immigration rules in the US that is a concern. I want to follow the best path with the least possible chances of denial and hiccups. Would they or are they considering this to be kinda like a work around on proper procedure? I don't want to piss off the people in charge of deciding my future.

 

3) I saw that the usual difference in time between them is about 4 months (est. 9 months for K1 and 13 for CR). Is that still accurate or is K1 going through delays?

 

4) Playing on question 3. Since we do want to be together in the fastest way possible. Is it CR1 still superior all things considered? Is it worth it to wait longer? Is K1 really that bad comparing to the CR1?

 

I've read a lot of people saying they would favor CR1 but I'll admit to being both afraid (see question 2) and wanting to be close to my bf quickly. But I also would like to be efficient about it. 

 

So I suppose the real question is what to do. What is the best path. I apologize if those questions seems repetitive but I couldn't find a direct answer concerning the potential for pissing off authorities by taking one path vs the other. I am grateful for any and every answer.

 

Thank you.

Edited January 8, 2020 by mayaz

[Just Paul 4,595]

2 hours ago, mayaz said:

1) Would we be able to get married in Canada and then apply for a CR1 or would that need to be in a country in which I am a citizen (say Brazil)? Is there a visa procedure for that or just show up and do the thing? Or if we do it in the US is that considered a violation of my declared reasons for visitation (I have ESTA and visit as a tourist through it)? I tend to be very strick with following laws and proper rules and would rather err on the side of caution. 

You can marry anywhere that you can and want to.  You can do it in the US.   If CBP asks, you tell them you are going to get married and then return to Canada or where ever.  People enter all the time on esta or B2 and get married in Las Vegas.

 

2 hours ago, mayaz said:

2) Will CBP/USCIS be angry if we skip the K-1 step?

File for the visa that fits your status.   If you are married it is the spousal.  Not married Fiance.  USCIS does not care what you file for as long as it is in good faith.

2 hours ago, mayaz said:

3) I saw that the usual difference in time between them is about 4 months (est. 9 months for K1 and 13 for CR). Is that still accurate or is K1 going through delays?

It is about that range now.   Each case if different because what is included in each petition is different.  You have to interview where you have residency.

 

2 hours ago, mayaz said:

4) Playing on question 3. Since we do want to be together in the fastest way possible. Is it CR1 still superior all things considered? Is it worth it to wait longer? Is K1 really that bad comparing to the CR1?

If you want to work or travel right away then the spousal is the better option.

 

2 hours ago, mayaz said:

I couldn't find a direct answer concerning the potential for pissing off authorities by taking one path vs the other.

They are bureaucrats.  Whatever you go they get the money.  Do what is best for you.

[payxibka 10,045]

5 hours ago, mayaz said:

 

 

So I suppose the real question is what to do. What is the best path. I apologize if those questions seems repetitive but I couldn't find a direct answer concerning the potential for pissing off authorities by taking one path vs the other. I am grateful for any and every answer.

 

Thank you.

Why would they even remotely care.  Do you piss off the cashier at the supermarket because you chose one-ply toilet paper instead of two-ply?

[LilyJ 1,258]

As long as you do not enter the US with intent to stay after getting married, and return to Canada after the wedding, CBP couldn’t care less. My husband and I got married in the US and he went back to DK afterwards. CBP asked “why are you visiting and for how long?” “Marry my fiancée, here for 2 months” “Ok congrats have a nice trip”. Yes the appeal of being with your loved one sooner is a good appeal, but is it good enough to accept the exchange of an extra $1225+ in fees (for AOS) in addition to not being able to travel outside the US or work for 6 or more months? For us it was not

[mayaz 0]

23 hours ago, LilyJ said:

As long as you do not enter the US with intent to stay after getting married, and return to Canada after the wedding, CBP couldn’t care less. My husband and I got married in the US and he went back to DK afterwards. CBP asked “why are you visiting and for how long?” “Marry my fiancée, here for 2 months” “Ok congrats have a nice trip”. Yes the appeal of being with your loved one sooner is a good appeal, but is it good enough to accept the exchange of an extra $1225+ in fees (for AOS) in addition to not being able to travel outside the US or work for 6 or more months? For us it was not

Question. Reading about getting married in the US and getting some mixed answers. The state I will be visiting (CT) requires SSN. Does that mean I can't get married there? It also lists green card as an ID. Is that just to list all ids they accept or a requirement?

 

Last, how long would I need to stay in order to get the license and get married? I can't find a direct info about it... it's super confusing

[yuna628 9,677]

19 minutes ago, mayaz said:

Question. Reading about getting married in the US and getting some mixed answers. The state I will be visiting (CT) requires SSN. Does that mean I can't get married there? It also lists green card as an ID. Is that just to list all ids they accept or a requirement?

 

Last, how long would I need to stay in order to get the license and get married? I can't find a direct info about it... it's super confusing

An SSN is generally not required to get married in any state, a passport may be substituted, with a few locality exceptions. It usually requires actually speaking to the clerk of the court for this information though. If an employee should refuse, then they do not deserve your business.

 

Afterall, plenty of people marry while visiting the US, or have destination weddings all the time. Even those holding a K1 may not have obtained an SSN yet either.

[Boiler 45,558]

There is no State that requires a SSN to marry.

[DaveAndAnastasia 2,092]

23 hours ago, Boiler said:

There is no State that requires a SSN to marry.

I think Idaho requires an SSN if you are eligible to have one, though.

[mayaz 0]

On 1/11/2020 at 8:31 PM, Boiler said:

There is no State that requires a SSN to marry.

Connecticut lists one as required. But from what I was able to find is that they require one if you are able to have one. Aka the USC needs to bring one. I can just show up with my passport. But they def do ask for it as a requirement if you have it and there is a field for the SSN on the license form

[LilyJ 1,258]

On 1/12/2020 at 9:41 PM, mayaz said:

Connecticut lists one as required. But from what I was able to find is that they require one if you are able to have one. Aka the USC needs to bring one. I can just show up with my passport. But they def do ask for it as a requirement if you have it and there is a field for the SSN on the license form

They will probably put your passport number on it. That's what they did for my husband, though we are in florida