K-1, CR-1, or Adjustment of Status?

[thinpea 32]

Hello All, 

 

I am quite new to the topic of visas considering me and my boyfriend of 6 years have just recently touched on the topic of starting the marriage process. I am Canadian and he is American. I have so much confusion based around the whole visa process and am unsure what our best option would be. What are the requirements and process entailed in us getting married in Canada and than applying for a CR-1 visa? Is there a heavy application similar to the K-1 process for us to get married here in Canada? Would getting married in Canada and applying for a CR-1 visa be a better option than applying for a K-1 visa? 

I also plan on finishing schooling in the US and am wondering if I should go there on a student visa and get married and request an adjustment of status? I feel like there are so many different ways and I am so overwhelmed and would love some help as to what my best option would be.

 

Thank you!

Edited October 16, 2020 by thinpea

[SalishSea 17,824]

33 minutes ago, thinpea said:

I also plan on finishing schooling in the US and am wondering if I should go there on a student visa and get married and request an adjustment of status?

This is immigration fraud.  You cannot enter on a nonimmigrant visa with the intention to adjust status.

 

You can get married either in the US or Canada, and do a CR-1 visa.  The location of the marriage does not matter, like it does for the K-1.  

 

I suggest you read the guides and do some research to help you decide which path is right for you.

[thinpea 32]

18 minutes ago, Jorgedig said:

This is immigration fraud.  You cannot enter on a nonimmigrant visa with the intention to adjust status.

 

You can get married either in the US or Canada, and do a CR-1 visa.  The location of the marriage does not matter, like it does for the K-1.  

 

I suggest you read the guides and do some research to help you decide which path is right for you.

I only started researching a couple days ago and was unaware that that was immigration fraud! Thanks for letting me know. I thought I needed a K-1 visa to marry within the United States otherwise it would also be immigration fraud? Visiting with intent to marry? 

[SalishSea 17,824]

Just now, thinpea said:

I only started researching a couple days ago and was unaware that that was immigration fraud! Thanks for letting me know. I thought I needed a K-1 visa to marry within the United States otherwise it would also be immigration fraud? Visiting with intent to marry? 

CBP doesn't care if you intend to marry while visiting.  They only care that you will leave when you're supposed to.  You can come here, marry, and your spouse can petition for you.  You can visit while the petition approval/interview process is pending (currently taking 12-18 months or so), but can't move to the US until you receive the visa.

[thinpea 32]

5 minutes ago, Jorgedig said:

CBP doesn't care if you intend to marry while visiting.  They only care that you will leave when you're supposed to.  You can come here, marry, and your spouse can petition for you.  You can visit while the petition approval/interview process is pending (currently taking 12-18 months or so), but can't move to the US until you receive the visa.

Ok thank you for all the help. I really appreciate it!

[thinpea 32]

3 minutes ago, thinpea said:

Ok thank you for all the help. I really appreciate it!

So it’s completely legal  if we marry when I visit for 3 weeks and I return home to Canada and than we file all the necessary paperwork for whichever visa seems fit and follow through with that whole process?

[SalishSea 17,824]

2 minutes ago, thinpea said:

So it’s completely legal  if we marry when I visit for 3 weeks and I return home to Canada and than we file all the necessary paperwork for whichever visa seems fit and follow through with that whole process?

Yep.  The only visa for that scenario would be the CR-1.

[TBoneTX 45,273]

Thread is moved from the K-1 Process forum to the "What Visa Do I Need?" forum.

Duplicate thread in CR-1 Process forum is locked.

[Chancy 6,241]

6 hours ago, thinpea said:

Visiting with intent to marry? 

 

Visiting the US with intent to marry and adjust status is fraud.  Same with entering with a student visa with intent to marry and adjust status.

 

Visiting with intent to marry and leave is perfectly fine.  I did it.  The US CBP officers at the airport were fine with it.  They were also fine with me visiting again after getting married.

 

Because you are Canadian and have relatively easier access to the US, I don't see much benefit in you pursuing a K1 visa.  After entering with a K1 visa, you will not be able to work or travel freely for several months until you get work authorization and advance parole (travel permit).

 

If you and your boyfriend are ready to marry soon, whether in Canada or in the US, go for a CR1 visa.  With a CR1 visa, you become a permanent resident, with authorization to work and travel freely, immediately after entering the US.

 

[thinpea 32]

3 hours ago, Chancy said:

 

Visiting the US with intent to marry and adjust status is fraud.  Same with entering with a student visa with intent to marry and adjust status.

 

Visiting with intent to marry and leave is perfectly fine.  I did it.  The US CBP officers at the airport were fine with it.  They were also fine with me visiting again after getting married.

 

Because you are Canadian and have relatively easier access to the US, I don't see much benefit in you pursuing a K1 visa.  After entering with a K1 visa, you will not be able to work or travel freely for several months until you get work authorization and advance parole (travel permit).

 

If you and your boyfriend are ready to marry soon, whether in Canada or in the US, go for a CR1 visa.  With a CR1 visa, you become a permanent resident, with authorization to work and travel freely, immediately after entering the US.

 

Wow thank you for all the advice! I really appreciate it so much. So there will be no problems with the “90 day rule” as I will only be there for 3 weeks? Also does it matter how soon after I apply for the CR-1 visa or can I do it right after returning home?

[carmel34 3,625]

16 minutes ago, thinpea said:

Wow thank you for all the advice! I really appreciate it so much. So there will be no problems with the “90 day rule” as I will only be there for 3 weeks? Also does it matter how soon after I apply for the CR-1 visa or can I do it right after returning home?

There is no 90 day rule.  If admitted as a visitor for three weeks, you can get married in the US and then return to Canada.  Your new husband can file the I-130 petition for you as soon as he gets the marriage certificate and has all the required documents necessary to file the petition.  You don't apply for a visa until later in the process, after the I-130 petition is approved which is taking up to a year right now.  He needs to read and study up on the process as he files the petition, not you.  The I-130 requires civil documents as well as evidence of a bona fide marriage relationship.  Good luck!

Edited October 16, 2020 by carmel34

[thinpea 32]

49 minutes ago, carmel34 said:

There is no 90 day rule.  If admitted as a visitor for three weeks, you can get married in the US and then return to Canada.  Your new husband can file the I-130 petition for you as soon as he gets the marriage certificate and has all the required documents necessary to file the petition.  You don't apply for a visa until later in the process, after the I-130 petition is approved which is taking up to a year right now.  He needs to read and study up on the process as he files the petition, not you.  The I-130 requires civil documents as well as evidence of a bona fide marriage relationship.  Good luck!

Thank you so much! Im glad to see others have done it, makes the process feel way less scary and intimidating 

[JFH 12,190]

12 hours ago, thinpea said:

I only started researching a couple days ago and was unaware that that was immigration fraud! Thanks for letting me know. I thought I needed a K-1 visa to marry within the United States otherwise it would also be immigration fraud? Visiting with intent to marry? 

I married as a visitor. Getting married is a perfectly legal activity to undertake as a visitor. Think of all those people that travel from all over the world to get married in Las Vegas, on the beaches of Hawaii or even at Disney World (pre coronavirus). A K-1 visa is not required to marry in the US. It’s only required if you intend to stay and live in the US following the marriage ceremony. 

[thinpea 32]

3 hours ago, JFH said:

I married as a visitor. Getting married is a perfectly legal activity to undertake as a visitor. Think of all those people that travel from all over the world to get married in Las Vegas, on the beaches of Hawaii or even at Disney World (pre coronavirus). A K-1 visa is not required to marry in the US. It’s only required if you intend to stay and live in the US following the marriage ceremony. 

True! And you married a US citizen there? Or no?

[JFH 12,190]

1 hour ago, thinpea said:

True! And you married a US citizen there? Or no?

Yes. My husband is a USC. We married on a Saturday. I left the country on the Tuesday. We subsequently filed for the CR-1. I’ve been here in the US almost 4 years now and I’m in the process of applying for citizenship.