Canadian marrying an American, which path is best?

[EmilyM 0]

Hello,

First let me apologize, I realize there are a ton of threads very similar to this one; however this is a very confusing issue and I need some clarification on my specific situation. My fiance (from WI) and I want to get married, and my family would like me to get married in Canada (BC). What would be the easiest and less time consuming route to take? we want to do this legally.

I understand that the American government would want us to fill out the k-1 fiance visa form, which would allow me to come to the states and get married. if I do this, do I then have to fill out a form that lets me return to canada? and if so can we both come and have a ceremonial wedding in canada? IF yes.... then how long does that take? (to be able to return to canada)

Or, can we get married in canada? then he returns the the states and fills out a K3 form? how does that work and what would you guys suggest doing?

also, if we get married in Canada, is the marriage license legal in the states? or can we have a ceremonial wedding, then he can file for a k-1 visa and we can have a civil wedding in his state? Sorry for all the questions.

Thank you for your time and patience, and sorry again if some of this is all repetitious.

-EmilyT

Edited September 3, 2007 by EmilyT

[ramos96 1]

Lets see if can give you some direction here.

First thing people are going to say is read the guides!! the guides are very informative, the more you know the easier the process will feel.

I am the USC and I married a Canadian, we did the K1 Route as that best fit our situation, she was working in HongKong and did not need or want to immigrate immediately.

A K3 from what I have seen on this board and from the people doing them seems to take as long or longer as K1, both K's have their benefits, they are outlined in the guides.

I will try to answer your questions if I can.

I understand that the American government would want us to fill out the k-1 fiance visa form, which would allow me to come to the states and get married. if I do this, do I then have to fill out a form that lets me return to canada?

If you enter under a K1 Visa you will to have Advanced Parole (AP) before you can return to the US if you leave the US, I WOULD HIGHLY suggest you do NOT do that as they will greatly complicate things, once you are married and in the states, and file for Adjustment of Status, you can file to get AP. A K3 comes with multiple entries but remember It can take longer to get.

and if so can we both come and have a ceremonial wedding in canada?

If you go the K1 route, have your party and keep quiet about it, having a "wedding" party will cause a lot of confusion to lots of people, much less trying to explain to a Government Official who has the power to DENY your entry, so have it and keep it to yourself. There is much debate already on this very subject in the forums and I'm sure everywhere.

If you go the K3 route then the entire point is your already married.

IF yes.... then how long does that take? (to be able to return to canada)

If your taking the K1 route, once you file for AP, it can be several months before you receive permission to travel, unless you have allowed emergency, you can request an emergency AP, example: my parent is dying or is very ill, there a lots of reasons that is just one of them.

Or, can we get married in canada? then he returns the the states and fills out a K3 form? how does that work and what would you guys suggest doing?

Read the guide for K3, I cannot comment on the K3 process as I did not go that route, but I think MISA went through that process send her a PM or maybe she can respond here for you.

also, if we get married in Canada, is the marriage license legal in the states?

It should be if you legally get married, remember if you legally get married you CAN NOT go thru the K1 Process.

or can we have a ceremonial wedding, then he can file for a k-1 visa and we can have a civil wedding in his state?

You can have your ceremonial wedding, but keep it again to yourself is my PERSONAL suggestion. He can then return home and start the paperwork if you go that route. A requirement of the K1 is you must get married within 90 days of entry or you will enter an illegal status, again I refer you to the guides

Sorry for all the questions.

No problem that is why we all are here, to share our stories, to help and support each other thru this process.

Humbly,

Ramos

[EmilyM 0]

Thanks a lot for responding. This is such an overwhelming thing to go through. I did look at the guides, and I think we're going to hire a lawyer and then have a private social wedding in canada (so technically we wouldn't be married yet) then file the k1 forms. which will give me lots of time to get ready to move to the states.

Edited September 3, 2007 by EmilyT

[ramos96 1]

No need really to get a lawyer, unless you got money to burn and if you have a simple case.

The forms are pretty self explanatory, just take one form at a time. If you need advice that is what we all are here for and one of the main purposes of this site.

I know some people are going to come down hard on me for saying no lawyer, but a lawyer is really dependent on each individual case. Ours was simple, I had a previous marriage no kids, both of us have no issues with the law or ever been denied entry into a country. So I saw no reason to have a lawyer.

I just hate people spending more money than they need to, this process is enough stress as it is

Humbly,

Ramos