Please help, so confused.

[Socket2 0]

Hello All,

I am about to embark on this painful immigation journey with my future wife. Here is a little background. I am an American Citizen and she is a Canadain Citizen. We are engaged and planning to get married in August 08 in U.S. When we are married I want my wife to live with me in U.S, and also be able to visit frequently to Canada. I went through both K1 and K3 visas, but not really sure which one of this option would work best for me. Since, she is Canadain citizen and doesn't need a visa to visit U.S, will she have any issues crossing the border after the wedding while immigration process is underway?

I would greatly apperciate any suggestions and best options to deal with immigration process.

[Mephys 2]

If you are willing to have her wait few months before she can Visit Canada once she lives in the US, then you could file the K-1, get married once she moves in the US somewhere around August 2008 ( I think it's about the timeframe right now) and within a few months she would receive her GC and be able to travel to Canada whenever she feels like.

I think the K-3 is a multiple re-entry Visa, but if you get married only in August 2008, you will then have to wait the time to get the Visa and she probably won't move until somehwere in 2009....

Edited November 28, 2007 by Mephys

[Krikit 1,165]

Oh boy. Good thing you didn't ask this question in the other forums. See this thread for an idea of how it would have turned out.

To be married in the US, you will need to apply for a K-1 visa. It's not terribly likely, however, that it will be approved by August 08, though. In order for your wife to then get back into the US if she leaves after your marriage, you will need to have the greencard in hand, or the Advance Parole (AP) document.

Or.... you can get married then apply for a K-3 visa. It's a multiple-entry visa so she won't encounter the same re-entry problems as the K-1 visa.

You're going to need to do a lot of research to decide on your best option, Socket. Good luck, and welcome to VJ!

If you are willing to have her wait few months before she can Visit Canada once she lives in the US, then you could file the K-1, get married once she moves in the US somewhere around August 2008 ( I think it's about the timeframe right now) and within a few months she would receive her GC and be able to travel to Canada whenever she feels like.

I think the K-3 is a multiple re-entry Visa, but if you get married only in August 2008, you will then have to wait the time to get the Visa and she probably won't move until somehwere in 2009....

Okay, cut that out, Mephys!

Edited November 28, 2007 by Krikit

[Mephys 2]

Oh boy. Good thing you didn't ask this question in the other forums. See this thread for an idea of how it would have turned out.

To be married in the US, you will need to apply for a K-1 visa. It's not terribly likely, however, that it will be approved by August 08, though. In order for your wife to then get back into the US if she leaves after your marriage, you will need to have the greencard in hand, or the Advance Parole (AP) document.

The timeframes are longer now ?

Okay, cut that out, Mephys!

What!!!!

I am not even doing anything! It's not my fault if I read faster than you!! !

No seriously, I will let you take the lead, I gotta go cook my hubby's lunch

[Krikit 1,165]

Oh boy. Good thing you didn't ask this question in the other forums. See this thread for an idea of how it would have turned out.

To be married in the US, you will need to apply for a K-1 visa. It's not terribly likely, however, that it will be approved by August 08, though. In order for your wife to then get back into the US if she leaves after your marriage, you will need to have the greencard in hand, or the Advance Parole (AP) document.

The timeframes are longer now ?

Well, it's pretty much December now. I imagine by the time they gather all their info and get their petition submitted, another one or two months will have passed. And apparently there's a huge backlog of applications due to the fee increase so I believe people have been waiting weeks and months just for the NOA1. Doesn't look too promising.

[Mephys 2]

Oh boy. Good thing you didn't ask this question in the other forums. See this thread for an idea of how it would have turned out.

To be married in the US, you will need to apply for a K-1 visa. It's not terribly likely, however, that it will be approved by August 08, though. In order for your wife to then get back into the US if she leaves after your marriage, you will need to have the greencard in hand, or the Advance Parole (AP) document.

The timeframes are longer now ?

Well, it's pretty much December now. I imagine by the time they gather all their info and get their petition submitted, another one or two months will have passed. And apparently there's a huge backlog of applications due to the fee increase so I believe people have been waiting weeks and months just for the NOA1. Doesn't look too promising.

Well I didn't mean to misinform the OP....sry about that!

[Marilyn. 340]

ahem, you don't need a K1 visa to get married in the US..

you do need a visa if you plan on getting married in the US and then stay and adjust status in the US...

and it sounds like the OP doesn't plan on doing that..... the OP's "wife" plans on going back to Canada after the wedding...

oops, didn't quite read that carefully.... but I have heard of a few people who "lived" in the US while the process was going on but then go back to Canada for the interview etc...

Edited November 28, 2007 by MarilynP

[john_and_marlene 162]

ahem, you don't need a K1 visa to get married in the US..

you do need a visa if you plan on getting married in the US and then stay and adjust status in the US...

and it sounds like the OP doesn't plan on doing that..... the OP's "wife" plans on going back to Canada after the wedding...

oops, didn't quite read that carefully.... but I have heard of a few people who "lived" in the US while the process was going on but then go back to Canada for the interview etc...

They do plan on her remaining.

When we are married I want my wife to live with me in U.S, and also be able to visit frequently to Canada.

[Marilyn. 340]

ahem, you don't need a K1 visa to get married in the US..

you do need a visa if you plan on getting married in the US and then stay and adjust status in the US...

and it sounds like the OP doesn't plan on doing that..... the OP's "wife" plans on going back to Canada after the wedding...

oops, didn't quite read that carefully.... but I have heard of a few people who "lived" in the US while the process was going on but then go back to Canada for the interview etc...

They do plan on her remaining.

When we are married I want my wife to live with me in U.S, and also be able to visit frequently to Canada.

yes, and I realized that after I posted

Edited November 28, 2007 by MarilynP

[neiks 19]

Oh boy. Good thing you didn't ask this question in the other forums. See this thread for an idea of how it would have turned out.

Love it!

I advise any Can/Am couples that the best answers without a bunch of drama are best found right here in the Canadian forum. Pretty bad saying that but then again we are the ones with the experience with the US/Can issues.

[Krikit 1,165]

ahem, you don't need a K1 visa to get married in the US..

you do need a visa if you plan on getting married in the US and then stay and adjust status in the US...

and it sounds like the OP doesn't plan on doing that..... the OP's "wife" plans on going back to Canada after the wedding...

oops, didn't quite read that carefully.... but I have heard of a few people who "lived" in the US while the process was going on but then go back to Canada for the interview etc...

Yep. Lots of little intricacies with each process. Google is your friend, Socket. And asking on VJ, of course. Just beware of the card-carrying members. (i.e. those who use the smiley.) And try to ignore the grumpy ones, and you'll be fine.

[Flames9_RN 358]

ahem, you don't need a K1 visa to get married in the US..

you do need a visa if you plan on getting married in the US and then stay and adjust status in the US...

and it sounds like the OP doesn't plan on doing that..... the OP's "wife" plans on going back to Canada after the wedding...

oops, didn't quite read that carefully.... but I have heard of a few people who "lived" in the US while the process was going on but then go back to Canada for the interview etc...

Yep. Lots of little intricacies with each process. Google is your friend, Socket. And asking on VJ, of course. Just beware of the card-carrying members. (i.e. those who use the smiley.) And try to ignore the grumpy ones, and you'll be fine.

In other words, stay in the Canada section,lol

[~Laura and Nick~ 5]

Well, it's pretty much December now. I imagine by the time they gather all their info and get their petition submitted, another one or two months will have passed. And apparently there's a huge backlog of applications due to the fee increase so I believe people have been waiting weeks and months just for the NOA1. Doesn't look too promising.

Oh Great, Nick and I are filing next week

I was hoping to be down there end of August.

Sigh. oh well.

[Krikit 1,165]

In other words, stay in the Canada section,lol

[LadyJane 1]

Hello All,

I am about to embark on this painful immigation journey with my future wife. Here is a little background. I am an American Citizen and she is a Canadain Citizen. We are engaged and planning to get married in August 08 in U.S. When we are married I want my wife to live with me in U.S, and also be able to visit frequently to Canada. I went through both K1 and K3 visas, but not really sure which one of this option would work best for me. Since, she is Canadain citizen and doesn't need a visa to visit U.S, will she have any issues crossing the border after the wedding while immigration process is underway?

I would greatly apperciate any suggestions and best options to deal with immigration process.

Welcome to the Canada forum-the nicest people around!

First question: Would your embassy be Montreal or Vancouver? Because I believe that processing K1/K3 is faster in Vancouver. Montreal processes all CR1/IR1 visas.

Marilyn is correct-you don't need a visa to get married in the States, but she will need one to stay.

There seems to be is a longish wait for a K1/K3 visa, which may be complicated by the USCIS slow-down. Please check out Liz's great spreadsheet here for the K1/K3 wait times. IF it seems to you that the wait time for a CR1 visa (I'm estimating 12-14 months total from NOA1 to interview for a CR1) is about the same as a K1/K3 visa, I'd recommend that you have a nice small civil ceremony, get married soon, and start the paperwork for the CR1 visa. It's less expensive than adjustment of status and once the green card is "in hand" then your wife can work right away.

You wife can visit you while the process is underway, but remember that her entry is completely up to the discretion of the border guard. We've had good luck in that my Canadian husband can visit here, he always brings lots of evidence of "ties to Canada" (aka a return ticket to Canada, rent agreement, registration at his school, utility bills, copies of paperwork from USCIS etc).

Good luck!