My fiance and I both live in canada but will be moving to the USA

[JonSeattle 202]

15 hours ago, kaelyra said:

Does this all remain true if we get married in canada? what if we got married in the states?

If you spur of the moment decided to get married while he is in the US, it would be fine, but he would still have to comply with the restrictions of the visa he entered on until he gets a new visa or green card. If he enters the US with the intent to get married by using a visa other than K-1, it might be considered fraud, so be careful.

Edited September 22, 2020 by JonSeattle

[zilchfox 296]

16 hours ago, kaelyra said:

Hi there! This is my very first time on the page, so absolutely any help would be so appreciated! I was born in canada and naturalized through my mom marrying an american before I was 18 years old. I then moved back to canada after spending 12 years in the USA. Now i am engaged to a canadian only. I just recently bought a house in Washington state, but live in canada still. We are getting married in August 2021. Does any one know if there is a way to get him a visa while we are both still living in Canada ? If not, is there a certain amount of time I have to be living in the states before we can apply? Also, is there a visa that will allow him to cross to and from canada every day as his work is in canada? So many questions! Appreciate any help at all! Even if its just answering one of my questions! Thank you so much!

Hey there, Kaelyra! Fellow Canadian here.

 

We are getting married in August 2021. Does any one know if there is a way to get him a visa while we are both still living in Canada?

Canadians do not need a visa to visit! He will, however, need a Canadian passport. Upon entering the U.S., he will be admitted as if he has a B-2 visitor visa, and again, unique to Canadians, his B-2 status is valid for a grand total of 6 months per year (as opposed to 3 months for other foreign nationals), which means he can either stay and visit for up to 6 months total (either through one very long visit, or several short visits, as long as it does not exceed 6 months). Keep in mind that this is strictly for visiting, no living or working allowed.

 

If not, is there a certain amount of time I have to be living in the states before we can apply?

I... don't think so? But you do have to show domicile, that's for sure.

 

Also, is there a visa that will allow him to cross to and from canada every day as his work is in canada?

Again, he cannot live in the U.S., he can only visit. His primary residence should be in Canada.

 

One option that I did not see coming up in this thread at all, however, is that he could do the reverse, where he can visit you often. He should look into getting a NEXUS Card (info here: https://www.cbp.gov/travel/trusted-traveler-programs/nexus/how-apply), especially if your U.S. address is nearby by just a couple of hours (e.g. if he lives in Vancouver, BC and you live in Seattle, WA). This will make crossing the border for frequent visits with you much easier on him if approved– but he still has to live in Canada. This is key.

 

Here's what I recommend, personally:

- You move to your house in WA, he stays living as close as possible in Canada, since he still works there

- He applies for a NEXUS card so he can visit frequently every weekend if he wants to without too much hassle at the border.

- Come August 2021, after getting married, you apply for a CR-1 visa for him (As a former K-1 visa holder myself, I wish I did the CR-1 visa route myself)

- Hopefully come Aug 2022 (about a year later), he will have a CR-1 visa in hand, and he can finally move to the U.S. to you, and he will be a Green Card holder immediately upon entry, which means he can start looking for work immediately in WA****

 

*** It may be possible for him to continue to commute to his work in Canada, since he will be legally able to live and work in both countries. Your taxes might be a disaster to file when doing this, but I *think* it's possible. Don't quote me on this, please do research.

[Orangesapples 1,954]

1 hour ago, JonSeattle said:

If you spur of the moment decided to get married while he is in the US, it would be fine, but he would still have to comply with the restrictions of the visa he entered on until he gets a new visa or green card. If he enters the US with the intent to get married by using a visa other than K-1, it might be considered fraud, so be careful.

No. Only if he plans to stay. Entering to get married is fine, that's how destination weddings exist. They should get married wherever is more convenient. 

[HRQX 4,145]

2 hours ago, JonSeattle said:

If he enters the US with the intent to get married by using a visa other than K-1, it might be considered fraud

No, that's incorrect. Intent to marry is allowed when entering. Info from the US government: https://uk.usembassy.gov/visas/immigrant-visa-faqs/

Quote

We are traveling to the United States to marry and will return to the United Kingdom after marriage. Do I still need a fiancé(e) visa?

If you will return to your permanent residence you may apply for a tourist B-2 visa, or if eligible, travel visa free under the Visa Waiver Program.  At the time you apply for the visa and/or travel to the United States you will be required to show that you have a residence outside the United States that you do not intend to abandon. There is no set form that this evidence takes as it varies with each person’s circumstances.

Preconceived intent to AOS and/or overstay at entry is the visa fraud part.

 

OP's fiance is Canadian, so he can go to US POE (*not land/ferry service at the moment) with Canadian passport and request to enter as B-2 visitor.

18 hours ago, kaelyra said:

we live right next to the border and i currently work in the usa so i travel back and forth every day. he lives in canada and works in canada.

Note that there's currently land entry restrictions for him as a visitor: https://www.federalregister.gov/documents/2020/09/23/2020-21019/temporary-travel-restrictions-applicable-to-land-ports-of-entry-and-ferries-service-between-the He can still fly-in and go through CBP Preclearance at the Canadian airport. Since you live close to the border, it'll be a required inconvenience. Probably a couple stopovers.

Edited September 22, 2020 by HRQX

[RCable 75]

My husband is Canadian as well. Unfortunately, as others have said, one way isn't faster than the other. We actually started with the CR1 process in June 2019. We were DQ in April. At this point in the process, all we had left was the medical & the interview. But, even before COVID-19, Canada had a 4-6 month wait from DQ to interview. The process is likely going to be longer than that now. 

 

But to give you an idea, we applied in June 2019, had the I-130 approved in December, submitted all of our documents through CEAC in late January and were DQ in early April. At that point, we were looking at possibly getting our interview for July or August. We did not have any RFEs at any point. So the whole process even before COVID-19 was 12-18 months. There is only one consulate in Canada that does interviews for this type of visa, that's in Montreal, so they have a large backlog now. 

My husband was visiting me in February with plans to stay until July. Then COVID-19 happened. It was a really tough decision for us, but we ended up abandoning the CR1 and he filed for AOS. It's worked out well for us. We sent everything off in April. USCIS offices were closed for a bit (I think until July). But once they opened things started moving again. He just got his AP (so he can travel outside the US now) and he received his EAD a few weeks ago, so he can work in the US while he waits for this green card. 

If you go the the K-1 route, it will probably take longer to get the green card. But, if you do decide that's the better option, once he gets his K-1 and moves to the US he applies for  AOS. While he waits for AOS he can get his AP & EAD. The AOS process can take about a year depending on where you live but the AOS & EAD usually comes between 3-6 months after applying. 

Definitely go through the Canada forums and make sure you understand both options thoroughly. It is not an easy process at all, not even for Canadians. We are 15 months in and still waiting for that green card interview. 

Good luck! 

[kaelyra 1]

On ‎9‎/‎22‎/‎2020 at 12:55 AM, Lemonslice said:

I strongly suggest you ask questions in the forum, this way, wrong information can be corrected by others.

 

@aaron2020
is great, nothing about him directly, just the nature of the forums.

 

So here is our situation. We were not planning no living together until after our wedding (the celebration) night. If we were to do a civil courthouse wedding first and then remain not living together until we move to the states into our home, will that be an issue with immigration?

[Orangesapples 1,954]

29 minutes ago, kaelyra said:

 

So here is our situation. We were not planning no living together until after our wedding (the celebration) night. If we were to do a civil courthouse wedding first and then remain not living together until we move to the states into our home, will that be an issue with immigration?

Yes, living together is very important, especially since you're in the same country. Many people live apart after getting married but it's only because they're waiting for the CR1 in different countries and the USC can't just quit their job and move. 

[kaelyra 1]

10 hours ago, Orangesapples said:

Yes, living together is very important, especially since you're in the same country. Many people live apart after getting married but it's only because they're waiting for the CR1 in different countries and the USC can't just quit their job and move. 

Hes living with his grandparents and im living with my girlfriend with very low rent so we can both save as much money as we can.

[mam521 2,211]

On 9/23/2020 at 11:05 AM, kaelyra said:

 

So here is our situation. We were not planning no living together until after our wedding (the celebration) night. If we were to do a civil courthouse wedding first and then remain not living together until we move to the states into our home, will that be an issue with immigration?

If you decide to do the IR/CR-1 route, living together will be important.  Part of the process is proving that your relationship is legitimate.  If you're both in Canada, the expectation for a legitimate marriage would be that you were residing together.  If you head across the border to live in your home in WA, that's a bit different, but it all looks a bit bizarre, considering.  

 

As mentioned, you'll need to make sure that you have the income requirement fulfilled in addition to domicile to be able to sponsor the spousal visa.  

[NikLR 13,232]

OP bought a house in WA. She can move there after marriage and the Cdn hubs can visit.  They cant file until they have the marriage certificate anyhow, which takes about a month in BC (btw I know a great non-denominational reverend who can do your wedding!) I suggest CR1 especially with the rising cost of the AOS in October and the inability to work or travel with the K1 visa.  It does take longer but K1 havent started interviews in Montreal yet, but IR1/CR1 have. 

[Nitas_man 3,100]

On 9/21/2020 at 9:00 PM, kaelyra said:

I guess Im confused. Doesnt it take a bit to get a green card? How long will it take to get green card? and whats the fastest route for that with our situation

You aren’t confused but I do not believe you are listening.

 

K1:  Your fiance can enter the US, live in the US, and you can get married in the US. Your fiance THEN cannot leave until he receives AP and cannot work until he receives EAD (employment authorization) card.  If he leaves before that?  You have to start over.  The K1 takes 8 months?  Maybe longer, maybe shorter, but not less than 6. 
 

CR1:  Immigrant visa.  You get married, the  file a petition for an immigrant visa.  8-10 months, maybe more, not likely less.  Your (now husband) receives a visa, enters the US as a permanent resident with right to work, live, and enter/exit.  The visa itself is a temporary green card, the physical card arrives within a few weeks.

 

There are no other choices.

 

In both cases you need to demonstrate enough US based income or US based assets to sponsor him.

 

Ways to manage while the petitions/visas are being processed are discussed above.

Edited September 28, 2020 by Nitas_man

[HRQX 4,145]

4 hours ago, NikLR said:

and the Cdn hubs can visit.

Just a note that while the land entry restrictions continue, he might need to fly into the US because land entry is a hit or miss for visitors: https://www.federalregister.gov/documents/2020/09/23/2020-21019/notification-of-temporary-travel-restrictions-applicable-to-land-ports-of-entry-and-ferries-service

[kaelyra 1]

Does anyone know which phone number is the best phone number to (attempt to) get a hold of someone through immigration to answer some questions regarding our "living situation" and having my fiancé immigrate to the USA in the future. I just want to be 100% honest and open about our situation and see what someone from immigration says

[Chancy 6,243]

59 minutes ago, kaelyra said:

Does anyone know which phone number is the best phone number to (attempt to) get a hold of someone through immigration to answer some questions regarding our "living situation" and having my fiancé immigrate to the USA in the future. I just want to be 100% honest and open about our situation and see what someone from immigration says

 

USCIS call center reps cannot give you legal advice.  Even the Tier 2 agents won't be able to help you when you don't even have a petition filed yet.  If you need help in assessing your options beyond the advice already offered in this thread, I suggest you seek out an immigration lawyer or check out VJ's professional partners ("Ask a Pro" at the top of the page).  Good luck!

 

[aaron2020 11,651]

5 hours ago, kaelyra said:

Does anyone know which phone number is the best phone number to (attempt to) get a hold of someone through immigration to answer some questions regarding our "living situation" and having my fiancé immigrate to the USA in the future. I just want to be 100% honest and open about our situation and see what someone from immigration says

Unfortunately, USCIS can not give you advice on your living situation.  It's not their job.  It's against the law for them to give you advice.  If you take any of their advice, then they are not responsible.  

 

If you want advice on how to navigate the system concerning your living situation, then you need to hire an immigration lawyer.