marry now then proceed with USCIS paperwork or vice versa?

[toocool 0]

I am Canadian living in Canada with custody of 3 children. He lives in Nevada. I need to know if we should get married now in Nevada, return home and wait until all paperwork is completed to move there OR if we should get all paperwork completed, move then get married? Is there a BEST process?

Also, does anyone have tips on how I move all my possessions to the US with little or no headaches? What about leased vehicles?

Thanks in advance for your input.

Lolo

[Yodrak 7]

Lolo,

Are you in the USA now?

Have a consultation with an immigration attorney to discuss the details of you circumstances and your personal preferences.

Yodrak

..... I need to know if we should get married now in Nevada, return home and wait until all paperwork is completed to move there OR if we should get all paperwork completed, move then get married? Is there a BEST process?

.....

Lolo

Edited August 8, 2007 by Yodrak

[L_n_O 3]

also check out the canadian forum

where you live in canada would determine which embassy you would go through in canada.

[pushbrk 12,898]

also check out the canadian forum

where you live in canada would determine which embassy you would go through in canada.

The US Embassy in Canada (It is in Ottawa.) does not process fiance or spouse visa applications. The Vancouver and Montreal Consulates do.

[ladykelia 0]

Basically read the guides about the differences between the spousal (K3) and and fiance visa (K1) and ask canadian specific questions on the Canadian forum. If you and your family are already in the US, there is a possibility that you may be able to get married right away and simply file for an adjustment of status.. but (someone correct me if I am wrong) you would not be able to return to Canada-- even for a visit-- until you file for and are approved for what is called "advanced parole" and this can take several months. You should definately get some legal advice about this kind of move though, because you would have to be able to show that you did not enter the US on this trip with the intention of marrying.

Your other choices include:

1) get married immediately and apply for the K3 spousal visa

2) don't get married yet and apply for the K1 fiance visa, but you cannot get married until you recieve the visa

As far as I know the differences between the two visas are not all that vast but require a couple of differences in procedure and wait times. Neither way is stress free. Both ways normally result in you and your fiance spending most of the time apart during the application processing, unless he can visit you often. Unfortunately the process is rarely very fast and can take anywhere from 4-9 months on average.

After you put in your petitions though, your travelling across the border from Canada to the US for subsequent visits may be more limited or risky, so many people suggest that you be very careful about it and bring proof of ties from Canada such as a letter from your employer. Otherwise you can file your paperwork now and stay in the US for as long as possible (until your visitor status is up.. 3 months at time I believe), return to Canada and remain there until your paperwork is processed. For both visa applications you will need to return to Canada eventually.

Edited August 8, 2007 by ladykelia

[Carlawarla 1]

Basically read the guides about the differences between the spousal (K3) and and fiance visa (K1) and ask canadian specific questions on the Canadian forum. If you and your family are already in the US, there is a possibility that you may be able to get married right away and simply file for an adjustment of status.. but (someone correct me if I am wrong) you would not be able to return to Canada-- even for a visit-- until you file for and are approved for what is called "advanced parole" and this can take several months. You should definately get some legal advice about this kind of move though, because you would have to be able to show that you did not enter the US on this trip with the intention of marrying.

Your other choices include:

1) get married immediately and apply for the K3 spousal visa

2) don't get married yet and apply for the K1 fiance visa, but you cannot get married until you recieve the visa

As far as I know the differences between the two visas are not all that vast but require a couple of differences in procedure and wait times. Neither way is stress free. Both ways normally result in you and your fiance spending most of the time apart during the application processing, unless he can visit you often. Unfortunately the process is rarely very fast and can take anywhere from 4-9 months on average.

After you put in your petitions though, your travelling across the border from Canada to the US for subsequent visits may be more limited or risky, so many people suggest that you be very careful about it and bring proof of ties from Canada such as a letter from your employer. Otherwise you can file your paperwork now and stay in the US for as long as possible (until your visitor status is up.. 3 months at time I believe), return to Canada and remain there until your paperwork is processed. For both visa applications you will need to return to Canada eventually.

That pretty much sums it up. Read the guides!! Another issue you may or not have considered, is married or not, do you have permission from the children's father to move them to the USA. This will be asked, and must be addressed before an interview at the Consulate.

Wishing you luck and best wishes on your journey,

Carla