Advice on staying together during K1 visa process

[Lemon Drops 0]

We are an engaged Canadian and American who want to get married, obtain a spousal visa, and live together in the USA. We have a lot of flexibility in our lives for travel and want to be together as much as possible during the 1.5 to 2yr visa process. We are considering the following timeline and would greatly appreciate any advice about possible issues, hurdles, and/or other considerations.

 

• We get married in Fall 2023 in Canada, spouse then enters USA on tourist visa (as a tourist) for 6 months. Spouse stays at National's owned-home in those months and returns to Canada in early spring 2024.
• At which point National files for spousal visa and leaves for Canada for the summer, and Europe for the fall - winter- spring while the visa process runs its course.
• Spouse returns to Canada for visa interview at Consulate in Canada when requested 
   

Any experiences with:

• filing for spousal visa 6-7 months after marriage in Canada? is that enough of a marriage duration?
• National leaving the US during visa process?
• Spouse coming in to the US on a tourist visa while married to a national?
• Spouse coming in to the US on a tourist visa while visa process is in its final stages?

 

Thanks and we appreciate any feedback and insight!

[Lemonslice 4,796]

There is no need to wait six months after your marriage to file; you can file as soon as you are married/have all the required documents ready.  

[Lemon Drops 0]

Thanks Lemonslice!

Any feedback on getting married in Canada, petitioner starting the visa process, and then beneficiary entering on a tourist visa shortly thereafter?

 

[TBoneTX 45,023]

If asked on entry, tell U.S. CBP, "We have filed an I-130 and wish to produce further evidence of a bona fide relationship in preparation for the eventual consular interview."

[Ontarkie 14,191]

6 minutes ago, Lemon Drops said:

Thanks Lemonslice!

Any feedback on getting married in Canada, petitioner starting the visa process, and then beneficiary entering on a tourist visa shortly thereafter?

 

Just make sure (you don't say where in Canada) you can get your marriage certificate back fast. Ontario has been notorious about taking forever and a day to get them back. It would be faster to get married in the US or doing a Utah marriage online. 

Visiting should not be an issue, but nothing is ever guarantied. 

[SalishSea 17,744]

Hopefully you realize that the Canadian will not be able to work at all in the US (even remotely) until he/she has GC/work permit.

 

And by “National,” do you mean “Citizen”?   There is a difference.

[pushbrk 12,812]

52 minutes ago, Lemon Drops said:

Thanks Lemonslice!

Any feedback on getting married in Canada, petitioner starting the visa process, and then beneficiary entering on a tourist visa shortly thereafter?

 

Not a problem. Beware though that every entry is a judgement call.  Be prepared to explain clearly what your intentions are, including that you are in no hurry to live in the USA.

[SteveInBostonI130 3,408]

 

Why not marry now via Utah Zoom and start the process?  In the Fall you can have the traditional wedding ceremony.  If you two have definite plans to travel the next 2 years, then marry, start the process, delay the process at NVC until about 6-8 months before your desired immigration date, and then enter the US after your 2nd wedding anniversary.   You will get a 10 yr visa and avoid the whole Removing Conditions circus.

[pushbrk 12,812]

39 minutes ago, SteveInBostonI130 said:

 

Why not marry now via Utah Zoom and start the process?  In the Fall you can have the traditional wedding ceremony.  If you two have definite plans to travel the next 2 years, then marry, start the process, delay the process at NVC until about 6-8 months before your desired immigration date, and then enter the US after your 2nd wedding anniversary.   You will get a 10 yr visa and avoid the whole Removing Conditions circus.

A ten year "Green Card not a ten year visa.  Otherwise, certainly an option.

[Lemon Drops 0]

18 hours ago, SteveInBostonI130 said:

 

Why not marry now via Utah Zoom and start the process?  In the Fall you can have the traditional wedding ceremony.  If you two have definite plans to travel the next 2 years, then marry, start the process, delay the process at NVC until about 6-8 months before your desired immigration date, and then enter the US after your 2nd wedding anniversary.   You will get a 10 yr visa and avoid the whole Removing Conditions circus.

Oh! Great feedback! Two questions:

How does one delay the process at the NVC stage? Just by not responding to their letters?

Also, what is the removing conditions process like? Another step that costs time, energy, money, and limits leaving the US during??

[Crazy Cat 41,599]

2 minutes ago, Lemon Drops said:

Also, what is the removing conditions process like? Another step that costs time, energy, money, and limits leaving the US during??

Yes.  My wife's I-751 took 44 months to be approved.....No RFEs. 

[Lemon Drops 0]

13 minutes ago, Lemon Drops said:

Oh! Great feedback! Two questions:

How does one delay the process at the NVC stage? Just by not responding to their letters?

Also, what is the removing conditions process like? Another step that costs time, energy, money, and limits leaving the US during??

This sounds like: so long as we are married for two years before the interview, the IR1 will be issued? Or two years by the time you submit documents to NVC?

Edited May 21, 2023 by Lemon Drops

[Crazy Cat 41,599]

8 minutes ago, Lemon Drops said:

This sounds like: so long as we are married for two years before the interview, the IR1 will be issued? Or two years by the time you submit documents to NVC?

If the marriage date is 2 years or more before the date the spousal visa holder enters the US, a 10 year green card should be issued.  This is regardless of whether the visa indicates CR-1 or IR-1. 

Edited May 21, 2023 by Crazy Cat

[Crazy Cat 41,599]

My wife entered the US 30 days prior to our 2nd wedding anniversary.  We had to do removal of conditions.  DON'T MAKE THAT MISTAKE if possible. 

Edited May 21, 2023 by Crazy Cat

[Lemon Drops 0]

1 hour ago, Crazy Cat said:

If the marriage date is 2 years or more before the date the spousal visa holder enters the US, a 10 year green card should be issued.  This is regardless of whether the visa indicates CR-1 or IR-1. 

Yes, wow, that would be so frustrating.

It's hard to tell, in the guides, because the language is kind of vague, but:

Are you technically issued your visa at the interview or at the border?? Ive read what sounds like both, or either!