What's the best and fastest route? This is all new and confusing...

[joshmygosh 0]

Hi,

 

So I'm an American-born US citizen. My girlfriend is a Canadian citizen currently living in Ontario. We met online and we got to meet in person last week, and I know that we are going to get married eventually.

 

I'm looking into the Visa processes, K-1 vs CR-1. 

 

My confusion is with CR-1. Is she allowed to come here to the states, then get married, and then stay until her visa is approved? Or is she required to go back to Canada?

Will they allow her to come to the US with the intent of getting married? Are you allowed to come to the states while waiting for CR-1 approval? 

 

Somebody help lol

Edited December 1, 2022 by joshmygosh

[Crazy Cat 41,806]

Every couple has their own priorities, and each couple must decide which visa is better for their situation.

K-1        
    More expensive than CR-1    
    Requires Adjustment of Status after marriage (expensive and requires a lot of paperwork)    
    Spouse can not leave the US until she/he receives approved Advance Parole (approx 6-8 months)    
    Spouse can not work until she/he receives EAD (approx 6-8 months)    
    Some people have had problems with driver licenses, Social Security cards, leases, bank account during this period    
    Spouse will not receive Green Card for many months after Adjustment of Status is filed.
    A K-1 might be a better choice when 18-21 year old children are immigrating also
    In some situations, marriage can affect certain Home country benefits, making a K-1 a better choice   
    A denied K-1 is sent back to USCIS to expire
    

CR-1
    Less expensive than K-1    
    No Adjustment of Status(I-485, I-131, I-765) required.    
    Spouse can immediately travel outside the US    
    Spouse is authorized to work immediately upon arrival.    
    Spouse receives Social Security Card and Green Card within 2 or 3 weeks after entering the US    
    Opening a bank account, getting a driver's license, etc. are very easily accomplished with GC, SS card, and passport.
    Spouse has legal permanent Resident status IMMEDIATELY upon entry to US.
   

 

[Crazy Cat 41,806]

9 minutes ago, joshmygosh said:

Hi,

 

So I'm an American-born US citizen. My girlfriend is a Canadian citizen currently living in Ontario. We met online and we got to meet in person last week, and I know that we are going to get married eventually.

 

I'm looking into the Visa processes, K-1 vs CR-1. 

 

My confusion is with CR-1. Is she allowed to come here to the states, then get married, and then stay until her visa is approved? Or is she required to go back to Canada?

Will they allow her to come to the US with the intent of getting married? Are you allowed to come to the states while waiting for CR-1 approval? 

 

Somebody help lol

During the CR-1 process she can come to the US for VISITS.  She cannot live in the US until after the visa is issued.   Coming to the US as a visitor for marriage is legal.  

My advice:  Marry somewhere, then start the CR-1 process.  Make visits to each other during the approval process.

Edited December 1, 2022 by Crazy Cat

[joshmygosh 0]

1 minute ago, Crazy Cat said:

During the CR-1 process she can come to the US for VISITS.  She cannot live in the US.   Coming to the US as a visitor for marriage is legal.  

So you can't live in the US without a visa. You can only visit. I understand that part. How long is she allowed to stick around?

[OldUser 6,602]

2 minutes ago, joshmygosh said:

So you can't live in the US without a visa. You can only visit. I understand that part. How long is she allowed to stick around?

Generally, Canadians are allowed 6 months per visit. CBP has a discretion to reduce it / not allow the traveller into the US.

[carmel34 3,620]

Neither path is fast.  Whether you go with K-1 or get married and go with CR-1,  you are looking at 1-2 years if all goes well, maybe longer if there are delays.  She can visit you in the US or you can visit her in Canada during the process, for short stays, and she can enter the US to visit you and get married, but she will need to return to Canada to wait out the process.

[Cathi 5,745]

CR1 is the superior visa, by far.

[SalishSea 17,801]

21 hours ago, joshmygosh said:

Hi,

 

So I'm an American-born US citizen. My girlfriend is a Canadian citizen currently living in Ontario. We met online and we got to meet in person last week, and I know that we are going to get married eventually.

 

I'm looking into the Visa processes, K-1 vs CR-1. 

 

My confusion is with CR-1. Is she allowed to come here to the states, then get married, and then stay until her visa is approved? Or is she required to go back to Canada?

Will they allow her to come to the US with the intent of getting married? Are you allowed to come to the states while waiting for CR-1 approval? 

 

Somebody help lol

There is no way around the inevitable separation with either path.   She cannot come here and stay without an immigrant visa, that is fraud.

 

Either route taken will take about 2 years.  

US immigration is not cheap, or fast.   I suggest you spend some significant time reading and educating yourself on the processes, to about pitfalls and delays.
 

Good luck!

[EmilyW 1,430]

Just wanted to add, while Canadians have leeway in terms of being able to visit the US, she will not be able to work while here, and her visa is pending.  Is she prepared to forgo income while she stays in the US with you?

[iwannaplay54 985]

On 12/1/2022 at 5:34 PM, joshmygosh said:

So you can't live in the US without a visa. You can only visit. I understand that part. How long is she allowed to stick around?

As long as her I94 or whatever conditions of her entry allow