(please help) american citizen marrying a canadian (question)

[chelseafanblue 0]

Firstly I must say that I didnt think this process would seem so complicated to marry a Canadian. I thought it would be quite easier since its next door and our political relationships are somewhat close.

1. being that a canadian citizen can visit to the states for up to six months without a visa when the canadian citizen returns to canada is there a timeframe that she must stay in canada before her next visit to the states?

2. although it doesnt seem possible I was really trying to avoid the whole paperwork process due to the fact that i owe some social security taxes from a few years ago and didnt want this to hold up the process (do u think it will)

3. If I go to Canada and do a ceremony and civil marriage there would it help with the process of filing for the spouse marriage. is that quicker than the fiance visa? and most importantly whichever visa that i file petition for during the process will my girlfriend or spouse still be able to visit me while awaiting for the visa to be approved since she is Canadian citizen (will the six month visitation still apply)?

[trailmix 77]

Hi and welcome

I guess you have discovered that our 'immigration' relationship to the U.S. is just the same as it is for everyone else, that's a good start!

1. being that a canadian citizen can visit to the states for up to six months without a visa when the canadian citizen returns to canada is there a timeframe that she must stay in canada before her next visit to the states?

No, in theory you could turn around an enter again right away - but that's the theory. It is up to the individual border guard on the day, if they felt the person was spending more time in the U.S. than Canada, they would more than likely refuse them entry.

Plus - the person would likely lose their Canadian health care and there are tax implications as well.

2. although it doesnt seem possible I was really trying to avoid the whole paperwork process due to the fact that i owe some social security taxes from a few years ago and didnt want this to hold up the process (do u think it will)

Probably not, if you can prove you can support the immigrant by producing your evidence of earnings and/or assets. Oh and you are right, it is unavoidable - the paperwork.

3. If I go to Canada and do a ceremony and civil marriage there would it help with the process of filing for the spouse marriage. is that quicker than the fiance visa? and most importantly whichever visa that i file petition for during the process will my girlfriend or spouse still be able to visit me while awaiting for the visa to be approved since she is Canadian citizen (will the six month visitation still apply)?

The spouse visa is not quicker than the fiance(e) visa, they run about the same really, give or take a month or two. Yes she can still visit you, as with all visits, she should always bring strong proof of ties to Canada with her.

I get the feeling, reading your post, that you think perhaps she can just live with you in the States while her visa is processing? It's not really realistic.

Edited January 14, 2010 by trailmix

[bowflex 0]

As always Trailmix answered everything perfectly

I know when you first find out what kind of a journey and task you're about to take on that it's overwhelming but trust me, when you're through and living with your significant other there's no better feeling in the world. Good luck to you!!

[chelseafanblue 0]

thanks sincerely trailmix

you said "Yes she can still visit you, as with all visits, she should always bring strong proof of ties to Canada with her.

I get the feeling, reading your post, that you think perhaps she can just live with you in the States while her visa is processing? It's not really realistic."

although i realize that its a tidy sometimes long process i understand that during the process she wont be able to live with me but i wanted to make sure that she would still be able to visit me while the pettions are processed and are there limitations on these visits?

basically what im trying to say is that i want to be able to see and be with her as much as possible while this process takes place

[bowflex 0]

although i realize that its a tidy sometimes long process i understand that during the process she wont be able to live with me but i wanted to make sure that she would still be able to visit me while the pettions are processed and are there limitations on these visits?

basically what im trying to say is that i want to be able to see and be with her as much as possible while this process takes place

I actually visited my wife every single weekend throughout the entire process plus holidays and surprise visits. You just need to make sure that there are plenty of ties to Canada, including lease agreements for an apartment, paystubs, etc...It will always be up to the border guard whether or not to let someone in but if enough evidence is present there shouldn't be a problem, good luck!

[chelseafanblue 0]

thanks bowflex,

forwards proof of ties to Canada (she lives with her parents, doesnt work,) but she is very active in the community there. would she need to bring copies of the lease agreement of her parents or what other ways can one show ties to the country if they arent responsible for rent payment or if they are jobless? can she show documentation of doing volunteer work?

also when she visits while the petition is being processed is it ok to let the customs agent know she is visiting her "fiance" or "spouse" or would she need to say she's visiting "relatives" or "friends"

sorry for all the questions guys but you guys are really helping me understand the process.

[bowflex 0]

thanks bowflex,

forwards proof of ties to Canada (she lives with her parents, doesnt work,) but she is very active in the community there. would she need to bring copies of the lease agreement of her parents or what other ways can one show ties to the country if they arent responsible for rent payment or if they are jobless? can she show documentation of doing volunteer work?

also when she visits while the petition is being processed is it ok to let the customs agent know she is visiting her "fiance" or "spouse" or would she need to say she's visiting "relatives" or "friends"

sorry for all the questions guys but you guys are really helping me understand the process.

That documentation certainly wouldn't hurt at all. If she's paying rent to her parents or anything that'd also be a good letter to include in her evidence.

As for what to tell the border agent, just make sure that she NEVER lies. Lying to them can cause a ban and cause some huge problems in the future. You don't have to give an abundance of information but just make sure that whatever they ask is answered truthfully. My wife and I went through the CR-1 process and I had no problems ever telling them that I was going to visit my wife.

[Krikit 1,165]

1. being that a canadian citizen can visit to the states for up to six months without a visa when the canadian citizen returns to canada is there a timeframe that she must stay in canada before her next visit to the states?

From the US perspective, you will find the second-last paragraph in this link helpful:

Documents Required by Canadians and How Long Can They Stay?

This link refers to K-1 visa applicants but is applicable to all: Visitation FAQ's

3. If I go to Canada and do a ceremony and civil marriage there would it help with the process of filing for the spouse marriage. is that quicker than the fiance visa?

Each visa-type has approximately the same timeline..... give or take a few months. It's mostly the US Service Center you file the petition at, as well as which Consulate she'll be interviewing at, which drives the length of time it takes.... not the visa type. The main consideration is what goes on after she receives the visa. Does she need to work or travel out of the country right away? Then the K-1 visa is not the one for her..... she needs the spousal visa. This is where you will find this link helpful:

The Guides

You will also find the links in the first two posts in this pinned thread at the top of the forum useful:

Canada Immigration Guide

Welcome to VJ.

[canadian_wife 1,829]

Marrying a Canadian is the same process as marrying any other person from another country. USCIS doesn't play favourites.

1. Theoritically she can turn around and enter right away. However, in practice, the Customs & Border Protection (CBP) likes to see more time spent in Canada than in the US. They also like to see strong ties to Canada if another attempt is made shortly after a very long stay in the US. It is up to the CBP at the time of entry.

2. You will need to show that you make 125% above the poverty line for your household, which includes all dependents. Not sure how your owing taxes fits into this.

3. The process is actually slower for a spouse than for a fiance since there are more steps required for a spousal visa than a fiance visa. Again, admittance and duration of stay is up to the CBP when she tries to enter. They do have the right to deny her entry into the US if they feel she does not have strong ties to Canada.

Good luck Welcome to VJ!

[Krikit 1,165]

Chelseafan, it seems you have a plethora of threads on the same topic all over the board. I am going to merge them here.

[Krikit 1,165]

Okay, done. There was only one which had a response..... the rest I made invisible.

[CDAgirlMI 51]

As always Trailmix answered everything perfectly

I know when you first find out what kind of a journey and task you're about to take on that it's overwhelming but trust me, when you're through and living with your significant other there's no better feeling in the world. Good luck to you!!

[ZansGirl 0]

thanks bowflex,

forwards proof of ties to Canada (she lives with her parents, doesnt work,) but she is very active in the community there.

The doesn't work part has me concerned..... I worked part time and had pay stubs with me and copied of my bank account that showed I had money in there...it also showed that if I didn't return in time, I wouldn't have enough for rent!! With all this and more, in June I was 'almost' denied..thankfully a second officer whom I have dealt with numerous times in the past recognized me and sorta took over ....

I worry that living at home and not working...that 'might' be an issue.....as for volunteering..it doesn't seem to me that saying one would 'have' to 100% be back by this date 'cause I have to volunteerwould satisfy an officer? Expecially one of the 'by-the-book' ones.... Anyone else????

[trailmix 77]

The doesn't work part has me concerned..... I worked part time and had pay stubs with me and copied of my bank account that showed I had money in there...it also showed that if I didn't return in time, I wouldn't have enough for rent!! With all this and more, in June I was 'almost' denied..thankfully a second officer whom I have dealt with numerous times in the past recognized me and sorta took over ....

I worry that living at home and not working...that 'might' be an issue.....as for volunteering..it doesn't seem to me that saying one would 'have' to 100% be back by this date 'cause I have to volunteerwould satisfy an officer? Expecially one of the 'by-the-book' ones.... Anyone else????

Agreed.

[acec 0]

Agreed.

I was told that while your paperwork is being processed the person intending to immigrate is not allowed to cross the border or the filing is considered abondond unless an I-131 has been approved.