Can I marry without a K-1?

[GG_CAN 0]

I am a Canadian Citizen who is currently engaged to an American Citizen. I have been trying to find out if it is possible to marry her this Summer when I go down if I have not yet filed a K-1 Fiance visa? If we can just apply for a marriage license, would the procedure be for me to leave the US until the application is approved, or is there a way for me to remain in the US until the application is approved? I believe I would apply for a K-3 visa after marriage. My intent is to move to the US, though I need to keep my Canadian citizenship as well because I have have 2 children still in school that I need to continue to support. Can anyone point me in the right direction as far as what the proper forms are and the approximate waiting period? Thanks.

Greg

[LIFE'SJOURNEY 970]

READ THE GUIDES; http://www.visajourney.com/content/guides. Then decide which yellow brick road you wish to follow.

[payxibka 10,045]

I am a Canadian Citizen who is currently engaged to an American Citizen. I have been trying to find out if it is possible to marry her this Summer when I go down if I have not yet filed a K-1 Fiance visa? If we can just apply for a marriage license, would the procedure be for me to leave the US until the application is approved, or is there a way for me to remain in the US until the application is approved? I believe I would apply for a K-3 visa after marriage. My intent is to move to the US, though I need to keep my Canadian citizenship as well because I have have 2 children still in school that I need to continue to support. Can anyone point me in the right direction as far as what the proper forms are and the approximate waiting period? Thanks.

Greg

Becoming a resident of the US has no effect on your Canadian Citizenship.... In fact, if you would ever choose to eventually become a US citizen (should you become eligible), it has no effect on your Canadian citizenship....

Edited May 28, 2010 by payxibka

[trailmix 77]

Hi and welcome,

Reading the guides is a great start.

To answer your questions briefly:

You can get married in the U.S. - millions do it each year, you don't need a visa to do that. Although if you do plan to mention this when you cross the border in to the U.S., ensure you have extremely strong evidence of ties to Canada, lease, letter from employer etc etc

Once you have done that you can apply for a CR1 visa, no use applying for a K3, well I mean you still can but if the two petitions are approved at the same time that will mean you are applying for the CR1 anyway as the K3 petition would be cancelled (this happens pretty much all the time now).

The processing time is around 10-12 months from start to interview.

You can still visit after you get married but you cannot simply live in the U.S. until you have your interview - can't reside in the U.S. without the proper visa.

As someone already mentioned, your U.S. permanent residency, or even eventual citizenship has nothing to do with your Canadian citizenship.

Good luck.

Edited May 28, 2010 by trailmix

[pushbrk 12,898]

Hi and welcome,

Reading the guides is a great start.

To answer your questions briefly:

You can get married in the U.S. - millions do it each year, you don't need a visa to do that. Although if you do plan to mention this when you cross the border in to the U.S., ensure you have extremely strong evidence of ties to Canada, lease, letter from employer etc etc

Once you have done that you can apply for a CR1 visa, no use applying for a K3, well I mean you still can but if the two petitions are approved at the same time that will mean you are applying for the CR1 anyway as the K3 petition would be cancelled (this happens pretty much all the time now).

The processing time is around 10-12 months from start to interview.

You can still visit after you get married but you cannot simply live in the U.S. until you have your interview - can't reside in the U.S. without the proper visa.

As someone already mentioned, your U.S. permanent residency, or even eventual citizenship has nothing to do with your Canadian citizenship.

Good luck.

The OP is a foreigner, so can only apply for the visa that matches the petition the US Citizen files, gets approved and is processed by NVC.

[Moosker 7]

Exactly what trailmix said! You can keep your Canadian citizenship as a green card holder in the U.S.

Good luck!

[trailmix 77]

The OP is a foreigner, so can only apply for the visa that matches the petition the US Citizen files, gets approved and is processed by NVC.

/sigh

Edited May 28, 2010 by trailmix

[pushbrk 12,898]

/sigh

No offense but I'm on a continuing crusade to stop the practice of interchanging the terms "apply for a visa" and "file a petition". The practice has caused more confusion than you can imagine. The worst confusion comes from people not realizing they have a lot of work to do after the petition is approved, that they haven't been preparing for in advance.

[VanessaTony 3,567]

READ THE GUIDES; http://www.visajourney.com/content/guides. Then decide which yellow brick road you wish to follow.

but geez that yellow is painful on the eyes

Edited May 28, 2010 by Vanessa&Tony

[Rebecca Jo 1,962]

/sigh

[pushbrk 12,898]

Back off and

[trailmix 77]

No offense but I'm on a continuing crusade to stop the practice of interchanging the terms "apply for a visa" and "file a petition". The practice has caused more confusion than you can imagine. The worst confusion comes from people not realizing they have a lot of work to do after the petition is approved, that they haven't been preparing for in advance.

You know, I agree with you. The interchanging of the two is not a good thing. That wasn't my intention. If you analyze what I stated though, I can see how it could be read that way.

Edited May 29, 2010 by trailmix

[Rebecca Jo 1,962]

Back off and

You know, I agree with you. The interchanging of the two is not a good thing. That wasn't my intention. If you analyze what I stated though, I can see how it could be read that way.

Your good intentions were superseded by the crusade!

[pushbrk 12,898]

Your good intentions were superseded by the crusade!

I'll take that as a compliment. The crusade is working.

[GG_CAN 0]

Thanks for your help. This whole process is way too confusing. Maybe we should see if it would be simpler for her to marry me up here and apply for Canadian citizenship.