Advice Needed - US/Canadian Couple (merged)

[NorthFlatworm495 1]

Hello everyone, wanted to reach out and see what path(s) are applicable for me and my soon-to-be fiancé on coming to the United States. I hope I am in the right topic listed in the website and apologize if not. I’ll give some details:

 

• I am born and raised in the United States, residing in Texas. My girlfriend is a currently living in Toronto, Ontario, Canada and has been there since 2016. She was born and raised in India. She received her P.R. in Canada this year and she also was given her U.S. travel visa (B1/B2) in April of 2023. Our engagement is set for September 9th, 2023 and our wedding in January of 2024. I’m wondering what is the most efficient way to maneuver this toward her coming to the United States and living with me? When should I start the process: after engagement, after marriage?

 

• I’ve been doing extensive research and may even reach out to an immigration attorney to assist but wanted to do some due diligence before going that route. The research I’ve gathered is that I would have to file I-130 here. This is pretty much saying “Hey, I’m a U.S. citizen, this is my spouse, I’d like for them to immigrate to the U.S.” Since my wife is living abroad, we should plan to go through consular processing, which takes place entirely abroad and this link here explains it: https://travel.state.gov/content/travel/en/us-visas/immigrate/the-immigrant-visa-process/step-1-submit-a-petition.html

 

Thank you so much and happy to have a community here to offer guidance!

[Lemonslice 4,831]

How flexible is the wedding date?

[NorthFlatworm495 1]

30 minutes ago, Lemonslice said:

How flexible is the wedding date?

Set in stone 100%. Why?

[Lemonslice 4,831]

1 minute ago, NorthFlatworm495 said:

Set in stone 100%. Why?

Because she will not have a fiancé visa by then, so look at the guide for Spousal visa [which is also, in my opinion, a much better option].

 

In general, once you start the immigration process, the timeline is out of your control.  You will know the order of the steps, however the specific dates won't be known until your file reaches the top of the pile.  Please make sure she knows not to quit her school/job until she has her visa in hand; some applicants experience long delays between the interview and visa issuance.  

 

Many Canadian permanent residents were also able to gain Canadian citizenship during their American immigration journey, might be interesting for her to explore the idea [it does not speed up the immigration to the US, but having a Canadian passport can ease travel to many destinations].  

[TBoneTX 45,244]

Marrying and filing the I-130 petition, rather than becoming engaged and filing the I-129F petition, is preferable.  See the comparison, as compiled by our fine member Crazy Cat:

K-1        
    More expensive than CR-1    
    Requires Adjustment of Status after marriage (expensive and requires a lot of paperwork)    
    Spouse cannot leave the US until she/he receives approved Advance Parole (approx 6-8 months)    
    Spouse cannot 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.
 

Thread is moved to the "What Visa Do I Need" forum.

Edited June 18, 2023 by TBoneTX

[SalishSea 17,801]

1 hour ago, NorthFlatworm495 said:

Hello everyone, wanted to reach out and see what path(s) are applicable for me and my soon-to-be fiancé on coming to the United States. I hope I am in the right topic listed in the website and apologize if not. I’ll give some details:

 

• I am born and raised in the United States, residing in Texas. My girlfriend is a currently living in Toronto, Ontario, Canada and has been there since 2016. She was born and raised in India. She received her P.R. in Canada this year and she also was given her U.S. travel visa (B1/B2) in April of 2023. Our engagement is set for September 9th, 2023 and our wedding in January of 2024. I’m wondering what is the most efficient way to maneuver this toward her coming to the United States and living with me? When should I start the process: after engagement, after marriage?

 

• I’ve been doing extensive research and may even reach out to an immigration attorney to assist but wanted to do some due diligence before going that route. The research I’ve gathered is that I would have to file I-130 here. This is pretty much saying “Hey, I’m a U.S. citizen, this is my spouse, I’d like for them to immigrate to the U.S.” Since my wife is living abroad, we should plan to go through consular processing, which takes place entirely abroad and this link here explains it: https://travel.state.gov/content/travel/en/us-visas/immigrate/the-immigrant-visa-process/step-1-submit-a-petition.html

 

Thank you so much and happy to have a community here to offer guidance!

You won't be able to start the process until after you're legally married, and it will take up to two years after that before she can immigrate.

[Dashinka 24,478]

If the wedding date is set, then you can take this time to research and plan your immigration journey.  You are right, the I130 is the first step once you get married, and in general, a spousal visa is a far superior to a fiancé visa.  You will also need to fill out the I130A, and eventually an I864 once the process reaches the consulate in 18-24 months after filing the I130.  Since she has a B2, she can enter the US to get married, but she cannot legally enter the US with the intent to stay permanently until she has been issued the spousal visa.  You did not mention where the wedding will take place though, so this may not be an issue.
 

As to using a lawyer, that is up to you.  If you have a complicated case such as overstays, removals, criminal records, etc., an attorney may be necessary, but if you are a competent researcher, can read, understand and fill out fairly simple government forms, and there are no complications, you can avoid the attorney and do it yourself with help from forums like VJ with specific questions.  If an attorney is used, just make sure that using them requires you and your future spouse to be vigilant as to what they are doing, you will also have to gather all the information they need.

 

Here is the guide for a spousal visa.

 

Good Luck!

 

 

Edited June 18, 2023 by Dashinka

[Redro 4,611]

7 hours ago, Lemonslice said:

How flexible is the wedding date?

 

6 hours ago, NorthFlatworm495 said:

Set in stone 100%. Why?

Where is the wedding going to take place?

[discoverusa 258]

If the wedding is in India in 2024, I would consider getting married in a courthouse asap (in US or Canada) and kick start I130 now. 

 

Then complete your religious ceremony in 2024 as planned. You would be saving time. 

[manyfudge 285]

1) get married asap - that is allowed on b1/b2 visa as suggested by @discoverusa

2) what do you mean by engagement? Is that a religious event? Where is that?

3) where is the wedding?

 

The Montreal consulate is super slow. From the time you file i-130/i130a, it can take take 2 years.

 

Much easier to have a courthouse wedding in the US or Canada (you need to send away for the marriage certificate in Ontario).  Everything in English, no translations needed.

 

 

[NorthFlatworm495 1]

1 hour ago, manyfudge said:

1) get married asap - that is allowed on b1/b2 visa as suggested by @discoverusa

2) what do you mean by engagement? Is that a religious event? Where is that?

3) where is the wedding?

 

The Montreal consulate is super slow. From the time you file i-130/i130a, it can take take 2 years.

 

Much easier to have a courthouse wedding in the US or Canada (you need to send away for the marriage certificate in Ontario).  Everything in English, no translations needed.

 

 

Okay, so that is able to be done, we can get married ASAP in the U.S. as she has the tourist visa, she can come and we have our court marriage and then she would go back to Canada promptly. The engagement, yes, it is kind of a religious event. It will be in Canada. The “wedding” will be in India, in January of 2024.

[NorthFlatworm495 1]

5 hours ago, discoverusa said:

If the wedding is in India in 2024, I would consider getting married in a courthouse asap (in US or Canada) and kick start I130 now. 

 

Then complete your religious ceremony in 2024 as planned. You would be saving time. 

Okay, so we're able to kickstart the 1-130 right away after we're married. What other form would we be needing to fill out along with it? Or is the I-130 needed to be processed and approved and then we file another form? Or is it all one go?

[Redro 4,611]

5 minutes ago, NorthFlatworm495 said:

Okay, so we're able to kickstart the 1-130 right away after we're married. What other form would we be needing to fill out along with it? Or is the I-130 needed to be processed and approved and then we file another form? Or is it all one go?

I-130 and I-130a with proof of bonafide relationship… evidence of time spent together. Don’t worry about “proof of cohabitation and proof of commingling finances” that’s for more established couples living in the US together… 

[manyfudge 285]

@NorthFlatworm495, good idea.

 

1 hour ago, NorthFlatworm495 said:

Okay, so we're able to kickstart the 1-130 right away after we're married. W

You can file i130 and i130a online.

 

You are the petitioner.

She is the beneficiary.  So she signs the i130 as the i130a is about her.   You sign  i130 as that is your petition for her.

 

Make sure to fill in the consulate info and do not fill out the section concerning adjustment of status.

 

Take screenshots of every screen that you fill out.

 

You then wait and wait to for i-130 approval

and then invite to fill DS260.  After that, the interview.

 

Lastly, try to time it so that she enters the US with her immigrant visa 2 years after your wedding anniversary. If she does, she gets a 10 year unconditional green card.

 

She might as well pursue getting Canadian citizenship while waiting.

 

On her next visit, try getting her on your bank account and credit card.  Some banks will allow this.

 

 

 

Edited June 18, 2023 by manyfudge

[manyfudge 285]

1 hour ago, manyfudge said:

she signs the i130 as the i130a is about her.

She signs 130A.