Canadian Girl Trying to Figure out Best Options

[LadyEralam 0]

Hey everyone, the title is as it sounds... I'm attempting to figure out what my best options are for going down to the states to visit my husband. I am from Edmonton, AB and my husband is from Greensboro, NC.

Here's the timeline of everything...

December 31, 2009 - I married my husband in a small, yet elegant wedding at the magistrate's office.

But right now we're trying to figure out what to do. I'm in Canada and he'd very much like to bring me down... I have a few options under my belt and I'm not sure which one to take.

(1) I apply for a student visa, come down as a graduate student to study at the local university there. For me to get all my paperwork done for that it will take several months. I'm still not done my final year of university but I should be done in the next few months.

(2) I go for the K-3 visa, and do that process while staying in Canada. I don't know what my visiting priviledges will be during this time but I'd imagine that if my name is in the system... until it's processed out I don't think they'll let me visit.

(3) I apply as an independant worker. I don't know how well this will go but my degree is B.Sc. Human Science, I was thinking of looking for a job as a lab tech or something in the meantime.

(4) I go down and just sit there as a visitor, not really working, not really doing much other than being a housewife while completing my studies through distance ed. I'll have to return to Canada every few months but it's an option.

Any advice?

[ZansGirl 0]

Hey everyone, the title is as it sounds... I'm attempting to figure out what my best options are for going down to the states to visit my husband. I am from Edmonton, AB and my husband is from Greensboro, NC.

Here's the timeline of everything...

December 31, 2009 - I married my husband in a small, yet elegant wedding at the magistrate's office.

But right now we're trying to figure out what to do. I'm in Canada and he'd very much like to bring me down... I have a few options under my belt and I'm not sure which one to take.

(1) I apply for a student visa, come down as a graduate student to study at the local university there. For me to get all my paperwork done for that it will take several months. I'm still not done my final year of university but I should be done in the next few months.

(2) I go for the K-3 visa, and do that process while staying in Canada. I don't know what my visiting priviledges will be during this time but I'd imagine that if my name is in the system... until it's processed out I don't think they'll let me visit.

(3) I apply as an independant worker. I don't know how well this will go but my degree is B.Sc. Human Science, I was thinking of looking for a job as a lab tech or something in the meantime.

(4) I go down and just sit there as a visitor, not really working, not really doing much other than being a housewife while completing my studies through distance ed. I'll have to return to Canada every few months but it's an option.

Any advice?

You are married...I would go for a CR-1 Spousal Visa. Most posters will agree that the K-3 is almost obsolete due to cost and time....

Having a spouse in the states..I DOUBT you would get a visitors visa or a travel visa...and they are not going to JUST let you in to visit for an extended amount of time...

You can visit while having a CR-1 processing, I did for over a year and really never had any isues until my last trip ..just make sure you bring strong ties to Canada...and be prepared for a lot of questions. NEVER lie to a Customs Officer..they will know!

Edited January 31, 2010 by ZansGirl

[redmen99 1]

You are married...I would go for a CR-1 Spousal Visa. Most posters will agree that the K-3 is almost obsolete due to cost and time....

Having a spouse in the states..I DOUBT you would get a visitors visa or a travel visa...and they are not going to JUST let you in to visit for an extended amount of time...

You can visit while having a CR-1 processing, I did for over a year and really never had any isues until my last trip ..just make sure you bring strong ties to Canada...and be prepared for a lot of questions. NEVER lie to a Customs Officer..they will know!

Yep, ZansGirl pretty much said it all. My husband and I did the CR-1 route. We are now just waiting on our interview on March 1. Our visa journey started in August when we filed the initial papers. We still visit each other. He (Canadian) visits me sometimes for a few weeks at a time since he is unemployed. But he always brings ties to Canada when he crosses the border and when they ask him if he is working he tells the truth and says no but that he is looking. He's only been pulled into secondary once so far (knocks on wood). I go up there when I can. Its just harder for me to get up there because of work.

No matter what way you decide to file, best of luck to you. The people on these boards are very helpful and may I suggest you read the guides and the Wikis as they are great help in the process.

[rae_and_scott 1]

Actually, I would like to clarify, are you simply looking for a way to visit your husband? Because you are allowed to do that no matter what. Just bring plenty of ties to Canada (proof like a job letter, lease, the sort of thing that shows you will be returning to Canada and not staying in the US).

[LadyEralam 0]

Basically... I'm trying to figure out what the best way is for us to be together. Plain and simple. I might be working, I might not be during this process.

[Wyatt's Torch 45]

Yep...as the others have mentioned, the CR-1 route is pretty much the ONLY one worth following. I don't think they would grant you a student visa, as ZansGirl mentioned, because they'll assume that you'd be a high risk for staying down there for other reasons.

It's basically like this: there are several ways a person can legally immigrate to the U.S....but you need to be very clear about your motivations for a particular visa. If you're going down there primarily to work...you want a work visa, and don't want to have anything else that would indicate to USCIS or any related agency that you have ulterior motives. In other words, if you file for a CR-1 visa, you're doing it in the most honest way possible: you're moving there primarily to be with your husband. It's best to keep the reasoning as clear as possible.

The whole process has recently been taking between seven and ten months for the CR-1 visa (from initial filing to point of entry), but there has been a major clearing of a long backlog at Montreal's consulate, so it's entirely possible that they'll be much more caught up from now on, meaning you could be looking at six months from initial filing to ultimate entry on the CR-1. That sounds like a long time, but given that you ARE completely free to travel to the U.S., provided you have sufficient ties to Canada, it's really the way to go in my opinion.

[LadyEralam 0]

Alright, sorry to bug everyone once again regarding this matter... but now I'm stuck looking at the paperwork. To spare the forum of multiple postings, I'm just going to post about *my story* in this thread and work on the replies as time goes on.

Everyone is saying CR1.

So for lack of a better word, can someone please proverbially and internetly hold my hand through this process?

I'm sitting here now looking at a pile of paperwork trying to figure out which way to go.

(1) Infront of me is the I-129 and on the other is the I-130. Which do I fill out? Do I need to fill both out or just one? After it's submitted what do I do? Do I wait? When do I file the CR1?

(2) Immigration lawyer... should we or shouldn't we? I've brought family over from the Philippines and back by sponsoring them, both with lawyers and without. Would it be better off to have one or not?

(3) Visiting during the filing of the *I* papers: I would very much like to see my husband while the papers are being filed. I do go to university here in Canada but due to the insane costs of living, I might give up my apartment to move back in with my parents in the meantime. Would it be unreasonable for summer to roll around and for me to say "hey guys, I'm going to come and visit my husband for 2 months then I'll be back for the September" or is that a no go?

-> Ideally the plan was come April when exams were done my husband was going to come up and visit me for a bit, pack up the apartment and move everything down to furnish our house. Afterwards I'll move back in with my parents until it's time for me to move down.

(4) Establishing "strong ties" to Canada. This is where I get into a pickle. I'm in university, but I'm in correspondence because of work. I'll probably enroll in class in normal uni for "establishing ties" purposes. Beyond that after April I won't have a lease anymore, I have a car but I paid it all off already. I have work, so I suppose all they can do is just issue me a letter and that's it.

(5) What happens if I really do get a job in the states, and the purpose of me going there really is to work... but it's in another part of the country from my husband. Would that affect the process at all? IE: If I accepted a transfer from work to be down in Washington or Montana with a legitimate work visa while this is going through, will it affect my ability to go into the country?

[mustafa1232 3]

hi ladyeralam

first of all i must say avoid all these kind of nonimigrant visa which is harmful for your CR1 PROCESS why you dont figured it out you are married to a us citizen you are now in imigration status THESE KIND OF VISA aplay for any purpose WILL BLOW UP YOUR REPUTATION IN CASE OF DENIED OR REJECTED AND REJECTION STAMP ON YOUR passport it will affect your CR1 process and it will slow up your imigration process this kind of visa activity is harmful for your future just relax and be patience and dont hurry up every thing done its own right time these type of try will affect your whole future

iam specially request all of the VJ and senior member of the forum please dont advise CR1 status couple to aplay for non imigrant visa like visit visa student visa ext ext i know not every time but most of the time visa approved and most of the time not approved or reject this rejection will affect new married couple whole future hope you understand

[canadian_wife 1,808]

mustafa1232 - no I don't understand. Being denied a non-immigrant visa has no, I repeat NO, effect on your immigrant visa. I went denied entry twice into the US and the interview lady in Montreal made a joke about it and moved on. It did not slow up our process and it has absolutly no negative impact on our petition. So please don't tell people to stay away from non-immigrant visas. While yes using a non-immigrant visa to circumvent immigration law is illegal, simply applying for entrance into the US (since Canadians do not require a visa to visit) will have no impact on the visa process.

Lady - follow the guides

http://www.visajourney.com/forums/index.ph...page=i130guide1

You can always visit during the process but admittance and duration of stay is up to the border patrol, again, those strong ties will help you out a lot. Getting a job in the US - generally most work visas are non-immigrant and you'll have to show that you intend to return to Canada. This may or may not be an issue since you are married to a USC and have intentions of immigrating. A denial of a work visa does not have a negative impact on your petition - however it does take time to get. Your best bet is to apply for the CR-1 as soon as possible.

Good luck.

Edited January 31, 2010 by canadian_wife

[Krikit 1,163]

Good morning LadyEralam. Welcome to VJ.

An important link for you to find information:

Canada Immigration Guide

(1) Infront of me is the I-129 and on the other is the I-130. Which do I fill out? Do I need to fill both out or just one? After it's submitted what do I do? Do I wait? When do I file the CR1?

Take a good look at the Forums Main Page. Take the time to read the descriptor underneath each section so you know where to go for information. You need to ask these questions in the IR-1/CR-1 Spouse Visa Process and Procedures forum.

(2) Immigration lawyer... should we or shouldn't we? I've brought family over from the Philippines and back by sponsoring them, both with lawyers and without. Would it be better off to have one or not?

The majority of the members on VJ do/have done the process without the aid of a lawyer. Whether you need one or not is totally up to your own circumstances and ability to follow directions. If you do your research (which you are obviously doing) and if you have already gone through a prior immigration process with your own family, then you are well equipped to go through this process without the assistance of a lawyer. It all depends on your comfort level and whether there are any pre-existing issues which may complicate the process.

(3) Visiting during the filing of the *I* papers: I would very much like to see my husband while the papers are being filed. I do go to university here in Canada but due to the insane costs of living, I might give up my apartment to move back in with my parents in the meantime. Would it be unreasonable for summer to roll around and for me to say "hey guys, I'm going to come and visit my husband for 2 months then I'll be back for the September" or is that a no go?

-> Ideally the plan was come April when exams were done my husband was going to come up and visit me for a bit, pack up the apartment and move everything down to furnish our house. Afterwards I'll move back in with my parents until it's time for me to move down.

(4) Establishing "strong ties" to Canada. This is where I get into a pickle. I'm in university, but I'm in correspondence because of work. I'll probably enroll in class in normal uni for "establishing ties" purposes. Beyond that after April I won't have a lease anymore, I have a car but I paid it all off already. I have work, so I suppose all they can do is just issue me a letter and that's it.

Visitation FAQ's

(5) What happens if I really do get a job in the states, and the purpose of me going there really is to work... but it's in another part of the country from my husband. Would that affect the process at all? IE: If I accepted a transfer from work to be down in Washington or Montana with a legitimate work visa while this is going through, will it affect my ability to go into the country?

What process are you referring to? The process to have a work visa approved, or the process to have a spousal visa approved?

[mustafa1232 3]

hi

canadian wife in my opnion there is a lot of meaning about visa denied let supose if a unmarried boy or unmarried girl go and visit for non imigrant visa to america and then he or she married to a usa citizen he or she face a lots of problem because if you stay in us for non imigrant visa and your husband file petation for adjustment of status one day in night your husband not at home and suddenely imigration officer raid your home and imigration officer ask you a lot of question where is your husband you spending night togheter or not every time you togheter with your husband or not is your relationship is ok why you stay here in us why you dont go to your home country and why then your husband file petation for you what purpose did you marry to a us citizen if you confuse and your answer is improper and 50 50 imigration officer doutful about husband and wife relationship for example your answer is that my husband working or job at night let supose imigration officer satifay with your answer 100 percent then imigration officer check your every movement of your life where you go what you do you spend night with your husband togheter or not and these type of situtation will increase your tention day by day because you dont know when and where imigration officer always check your every moment of your life and you dont know what is going happen next until your imigration process is not over and you dont have to permission to do any kind of work or job and you always feel you are in hell because you dont have any gurantee your application denied or approve

rembember these kind of situtation is only for those person who visit usa for non imigrant visa and then marry to a usa citizen and stay there and then aplay for adjustment of status

if you have any question feel free to ask me

[Wyatt's Torch 45]

Mustafa, I don't know how else to say this, but...

What the heck are you talking about, and what has this to do with what the original poster is asking? I can't see a shred of relevance in either of your posts.

The poster in this case is already married. There would be no AOS. A CR-1 visa is clearly the only route for her to go, since it covers all the bases.

[canadian_wife 1,808]

This response doesn't have anything to do with my original response to you (regarding advising Canadians NOT to visit their spouse) nor the OPs original question

hi

canadian wife in my opnion there is a lot of meaning about visa denied let supose if a unmarried boy or unmarried girl go and visit for non imigrant visa to america and then he or she married to a usa citizen he or she face a lots of problem because if you stay in us for non imigrant visa and your husband file petation for adjustment of status one day in night your husband not at home and suddenely imigration officer raid your home and imigration officer ask you a lot of question where is your husband you spending night togheter or not every time you togheter with your husband or not is your relationship is ok why you stay here in us why you dont go to your home country and why then your husband file petation for you what purpose did you marry to a us citizen if you confuse and your answer is improper and 50 50 imigration officer doutful about husband and wife relationship for example your answer is that my husband working or job at night let supose imigration officer satifay with your answer 100 percent then imigration officer check your every movement of your life where you go what you do you spend night with your husband togheter or not and these type of situtation will increase your tention day by day because you dont know when and where imigration officer always check your every moment of your life and you dont know what is going happen next until your imigration process is not over and you dont have to permission to do any kind of work or job and you always feel you are in hell because you dont have any gurantee your application denied or approve

rembember these kind of situtation is only for those person who visit usa for non imigrant visa and then marry to a usa citizen and stay there and then aplay for adjustment of status

if you have any question feel free to ask me

[LadyEralam 0]

Thank you to everyone for your numerous replies, the links have proven helpful.

But here's a little blurb on the I-130 that had me wondering:

Notice to Persons Filing for Spouses, If Married Less Than Two Years

Pursuant to section 216 of the Immigration and Nationality Act, your alien spouse may be granted conditional permanent resident status in the United States as of the date he or she is admitted or adjusted to conditional status by a USCIS officer. Both you and your conditional resident spouse are required to file Form I-751, Joint Petition to Remove Conditional Basis of Alien's Permanent Resident Status, during the 90-day period immediately before the second anniversary of the date your alien spouse was granted conditional permanent resident status.

Current Progress: The I-130 and G-325A form in progress; tentative date to be sent is Feb 15/2010.

Random Question: Is the CR1 the best visa for me?

I know this is going to sound really dumb, so please forgive me for sounding stupid. But when I went to NC, I went there to see their colleges because I was intending on attending for my graduate studies. Somewhere in there, my best friend asked me to marry him... and hense this is where I stand.

I know that many of you have said "go for the CR-1" or ulterior motives if I file for student, etc. . . but I'm genuinely wondering about it. Ultimately that's what's stopping me from sending in my visa application. I just don't know what to do or which moves to make.

I was intending on sending in my applications for graduate studies but due to the costs of it and the amount of effort required for it, I'm holding off because I can't decide which visa would be better. I'm sure it'll look *REAL* nice when I walk up to the Border saying "hey I'm here to stay in the US for 6 months, yes this is all my stuff... I'm a graduate student at this university, btw I'm also married to a US citizen and my other visa is in your system... no ulterior motives there keke". (Okay, not quite in that tone but you get the picture).

[LadyEralam 0]

Sorry for the double post but my browser wouldn't allow me to edit the previous thread but the thread was to read as follows:

Thank you to everyone for your numerous replies, the links have proven helpful.

But here's a little blurb on the I-130 that had me wondering:

Notice to Persons Filing for Spouses, If Married Less Than Two Years

Pursuant to section 216 of the Immigration and Nationality Act, your alien spouse may be granted conditional permanent resident status in the United States as of the date he or she is admitted or adjusted to conditional status by a USCIS officer. Both you and your conditional resident spouse are required to file Form I-751, Joint Petition to Remove Conditional Basis of Alien's Permanent Resident Status, during the 90-day period immediately before the second anniversary of the date your alien spouse was granted conditional permanent resident status.

Current Progress: The I-130 and G-325A form in progress; tentative date to be sent is Feb 15/2010.

Random Question: Is the CR1 the best visa for me?

I know this is going to sound really dumb, so please forgive me for sounding stupid. But when I went to NC, I went there to see their colleges because I was intending on attending for my graduate studies. Somewhere in there, my best friend asked me to marry him... and hense this is where I stand.

I know that many of you have said "go for the CR-1" or ulterior motives affecting my chances of having my visa granted depending on what I file for. . . but I'm genuinely wondering about it. Ultimately that's what's stopping me from sending in my visa application. I just don't know what to do or which moves to make.

I was intending on sending in my applications for graduate studies but due to the costs of it and the amount of effort required for it, I'm holding off because I can't decide which visa would be better. I'm sure it'll look *REAL* nice when I walk up to the Border saying "hey I'm here to stay in the US for 6 months, yes this is all my stuff that I physically own that I'm taking with me... I'm a graduate student at this university, btw I'm also married to a US citizen and my other visa is in your system... no ulterior motives there keke". (Okay, not quite in that tone but you get the picture).

Random Question 2: Is the whole visa process worth it? (This is an opinion type question)

Yes I know it sounds silly to ask if it's worth it, but really... what if you're a person who isn't intending on working in the States. What if you want to visit for 6 months at a time, fly back to Canada for a weekend, return for the next 6 months. The other plan I had that was a possibility was not working at all and schooling (through correspondance) while I stayed at home with the kids. Would this be a viable option?