K1 vs CR1

[texmex 0]

i am an american wanting to marry a canadian. We are thinking about taking the CR1 route and getting married in the USA. 

When the Canadian travels by air to the usa, does he tell the officer he is going to get married in the usa? He will return to canada in January because he has a residence there he will need to vacate.

[Crazy Cat 41,885]

If asked, he must be truthful....

[mushroomspore 3,044]

12 minutes ago, texmex said:

i am an american wanting to marry a canadian. We are thinking about taking the CR1 route and getting married in the USA. 

When the Canadian travels by air to the usa, does he tell the officer he is going to get married in the usa? He will return to canada in January because he has a residence there he will need to vacate.

Yes he will have to answer that he's coming to the US to get married and then show proof that he will be exiting the US at the appropriate time. Coming to the US as a tourist simply to get married and then exiting the country is perfectly legal. CR1 is better because he'll have a green card 

[Crazy Cat 41,885]

28 minutes ago, texmex said:

He will return to canada in January because he has a residence there he will need to vacate.

You can marry in the US, then start the process either before or after he returns to Canada.  The process will likely take a year or longer to receive the visa.

[texmex 0]

10 minutes ago, Lucky Cat said:

You can marry in the US, then start the process either before or after he returns to Canada.  The process will likely take a year or longer to receive the visa.

is the CR1 the way to go then?

[HRQX 4,145]

27 minutes ago, texmex said:

is the CR1 the way to go then?

Yes. As @Lucky Cat mentioned, you can file I-130 petition (after you marry) even during his US visit: "The beneficiary will not apply for adjustment of status in the United States, but he or she will apply for an immigrant visa abroad at the U.S. Embassy or U.S. Consulate in" "Montreal, Quebec, Canada"

[texmex 0]

1 hour ago, Lucky Cat said:

If asked, he must be truthful....

100%

[texmex 0]

On 10/5/2020 at 5:38 PM, HRQX said:

Yes. As @Lucky Cat mentioned, you can file I-130 petition (after you marry) even during his US visit: "The beneficiary will not apply for adjustment of status in the United States, but he or she will apply for an immigrant visa abroad at the U.S. Embassy or U.S. Consulate in" "Montreal, Quebec, Canada"

is there any way we can remain together throughout the process?

[HRQX 4,145]

17 minutes ago, texmex said:

is there any way we can remain together throughout the process?

Research Canadian visas. That being said, Montreal tends to be strict on US domicile requirement.

 

The Canadian can't enter the US as a "visitor" with intent to Adjust Status. For example, INA 212(a)(7)(A)(i)(I) means the Canadian would be determined to be inadmissible for being an intending immigrant without a visa that permits immigrant intent. But the Canadian can continue to genuinely visit the US while waiting for CR-1 process. Note that each entry is subject to CBP's discretion.

Edited December 2, 2020 by HRQX

[aaron2020 11,651]

25 minutes ago, texmex said:

is there any way we can remain together throughout the process?

No.