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US citizen wants to marry a Canadian citizen

Discussion in 'General K Visas and Related Issues' started by CaliforniaGuy, Jun 11, 2010.

  1. CaliforniaGuy

    CaliforniaGuy Registered Users (C)

    I am a US citizen living in the US and my fiance lives in Canada. I want to apply for a K1 visa but that takes 6-7 months as I found out. We want to marry in 3 months. Do we NOT apply for I-129F and get married in USA or Canada and than I apply for an I-130?

    What is the coarse of action? She wants to live here after we marry and not go back to Canada.

    What I thought about was that I go to Canada and we get married right away and I apply for I-130 and that would give us a 3 month headstart and she comes here as a tourist after 3 months while waiting for the approval.

    So we want to start living together in September and marry anytime before that.
  2. elcupacabras

    elcupacabras Registered Users (C)

    I-130 spousal visas are taking, on average, approximately 8-12 months from start to finish, so your soon to be spouse needs to realize that a moving date of September is a lofty goal.

    So, if you want to get married asap, do so and then immediately apply for the CR1 spousal visa. Your spouse can visit during this time but she 'cannot' live here. Your spouse will need to attend an interview at appropriate US consulate in Canada once the petition reaches the consulate stage in order to get her visa.
  3. CaliforniaGuy

    CaliforniaGuy Registered Users (C)

    If I-130 is taking 8-12 months than isn't it better to go along and get a fiance visa which is only taking 7 months? Either way she won't be able to live with me for a long time till either gets approved. And if I file an I-130 I have to also show hat I can support my wife as with a fiance visa I don't.

    Worst case if I file I-129F now and decide to get married before it gets approved, can I change it to an I-130 or will I make things worse?
  4. elcupacabras

    elcupacabras Registered Users (C)

    The fiance visa is certainly quicker in most cases and is further sped up due to the fact that you can file NOW (provided you are eligible to do so) rather than wait to get married.

    You do need to show you can support your fiance with the fiance visa. During the fiance visa interview your fiance must present an I-134 showing such (either provided by yourself or a joint sponsor). When she then adjusts status, you have to show this again by submitting the affidavit of support (either yourself or a joint sponsor).

    If you file an I-129F and then get married during the process, you would have just thrown a boat load of money down the drain and wasted precious months as your petition will be voided and you will have to start from scratch with a spousal visa (theres no converting visa applications)- so make sure you know exactly what your going to marriage wise before you submit any paper work.
  5. CaliforniaGuy

    CaliforniaGuy Registered Users (C)

    Thanks for the info. I found some other info after calling USCIS.

    1. By applying for an I-130 you also need to submit an I-129F but you don't need to pay a fee for it (I-129F) but if you aply for I-129F directly than you have to pay the fee.

    2. If you marry in USA than your spouse cannot aply for K3 visa. Your spouse can only apply for a K3 visa in the country where the marriage took place.

    After thinking about it I think we might go ahead and marry in Canada and I will apply for I-130.

    Do I apply for a K3 visa (with an I-129F) at the same time when I file for I-130? Cause without a K3 visa she is going to have a tough time entering the U.S. even if she says she is just coming here to visit.

    Whichever I apply for I-130 or I-129F, she is going to have a tough time entering the U.S. cause of her status. K3 visa is a must. How long does it take to get a K3?
  6. elcupacabras

    elcupacabras Registered Users (C)

    Ha ha- the USCIS 'mis'information' line didnt get its name without reason. This is completely and utterly false. The marriage could have taken place on the moon (provided it was legal) and you can apply for it where ever the beneficiary (the non US spouse) is residing. So yes, you can marry in the US and apply for K3.

    For a K3, you submit the I-130 first along with the fee and then when you get the NOA1 for the I-130 you submit the I-129F (this is what turns it into a k3 which is why it is 'free' as you have already paid the fee for the K3 petition when you filed the I-130, whereas with a K1 the I-129F is the petition and so why a fee is required with its filing and not when filing for a k3). However, due to recent changes at NVC (either NVC or USCIS...I get the 2 mixed up in this case as spousal visas arent my 'forte') the K3 is virtually obsolete now and it is the CR1 which is the visa which is being processed (apparently NVC is 'killing' I-129Fs and just letting the I-130s run their course to create a CR1 as opposed to a K3).

    The difference in processing between CR1 and K3 is the K3 is 'maybe' a month quicker....though as I just stated, it appears as if there is no 'choice' about a K3 now, as K3 petitions appear to just being automatically converted into CR1/IR1s anyway.
  7. CaliforniaGuy

    CaliforniaGuy Registered Users (C)

    "Ha ha- the USCIS 'mis'information' line didnt get its name without reason."

    Wow that is a surprise! That is why I always try to investigate something before i start anything.

    I am getting more confused as I start to get to know the system and learn the compications associated with it.

    Lets say my fiance comes to visit here and we somehow end up marrying here in California I don't now what the waiting period is but lets say it happens and we go to honeymon in Hawaii wihout leaving U.S. She ends up staying here for 5-6 months legally and in that time I apply for an I-130. She goes back to Canada after the 5-6 months to wait for the approval of the I-130. She can't re-enter the U.S. without a CR1 right? Can she apply for CR1 while she is in the U.S. to gain time? I understand the process but why are Canadians who do not have to get a visa to visit the U.S. go throught the same process as everyone else? As a Canadian you can walk accross anytime you want but once you are engaged or married to an American you can't.
  8. elcupacabras

    elcupacabras Registered Users (C)

    Your plan sounds fine to me. Just so long as she does not disclose that she is going to get married to a USC unless specifically asked (ie, do not volunteer information that is not asked for.

    Wrong. She will be perfectly entitled to attempt to enter the US to visit. There is of course a chance that she may be denied entry, but many people who have spousal/fiances visas in the works attempt to enter the US and are successful. One thing that your then wife may have an issue with if she choose to return to the US after her 5-6 month visit but before she gets her CR1 visa, will be her previous long stay with such a short back in Canada before returning again. She is supposed to be a 'visitor' and staying in the US for as long as she is intending and then returning right back does not follow typical visitor traits.



    Because Canadians arent US citizens, and merely sharing a border with the US does not make them any more special than citizens from different countries of the world

    Incorrect- yes Canadians can attempt to enter the US, though as stated previously, there is a chance of denial if the POE officer suspects that they are abusing the visa free system (ie, attempting to live there by not displaying typical tourist like patterns) or if they suspect they will attempt to stay in the US without the correct visa. Canadians actually have it lucky. Many people as we speak are petitioning for their spouses/fiances who come from countries where they are not even able to get a visa to visit during the process. I didnt see my fiance for 9 months (3 days after the date of our engagement until the day I arrived in the US with my K1 in hand) so be thankful you have a fiance from a country who has free and easy(ish) entry requirements between themselves and the US :)
  9. CaliforniaGuy

    CaliforniaGuy Registered Users (C)

    Well, if the customs officer asks if she is married than if she says yes than there is a big chance she will be denied entry. So if she lies is there a chance the officer will find out that she is lieing?

    Thanks for all the info! I cannot tell you how helpful you were!

    THANK YOU !!!
  10. elcupacabras

    elcupacabras Registered Users (C)

    Never, ever, ever lie to a POE officer (it can easily come and bite you in the rear in very nasty ways if you do). If the POE officer asks if she is married/going to get married then she needs to be truthful. However if he doesnt ask, then dont volunteer this information. Only answer the questions that are asked (ie if he asks do you know the time the answer will be either 'yes' or 'no'..not 'yes, its 3 o'clok' as he didnt ask you to tell him what time it is.....if that makes any sense- ha ha). So in other words, answer the specific questions asked truthfully and ONLY those questions that are asked.
  11. elcupacabras

    elcupacabras Registered Users (C)

    Also, stating, when asked that you are married is not an automatic denial of entry.......may people who are married/engaged/have boyfriends or girlfriends admit that they have spouses/fiances etc in the US and get in fine. She may not even be asked. Though to make it less of a 'shock' if she does get denied, just mentally prepare yourself for a denial, then if she gets in its celebrations all round :)
  12. elcupacabras

    elcupacabras Registered Users (C)

  13. CaliforniaGuy

    CaliforniaGuy Registered Users (C)

    I read the step by step guide and in it it says when you file the I-130 you should also show evidence of a bonafide marriage. Now if we get married here in the U.S. than technically my than to be wife cannot live here cause she would be here on a tourist visa. So my question is how can I show any of these:

    1. Documentation showing joint ownership or property; or
    2. A lease showing joint tenancy of a common residence; or
    3. Documentation showing co-mingling of financialresources; or
    4. Birth certificate(s) of child(ren) born to you, thepetitioner, and your spouse together; or
    5. Affidavits sworn to or affirmed by third parties havingpersonal knowledge of the bona fides of the maritalrelationship (Each affidavit must contain the full nameand address, date and place of birth of the person makingthe affidavit, his or her relationship to the petitioner ofbeneficiary, if any, and complete information and detailsexplaining how the person acquired his or herknowledge of your marriage); or
    6. Any other relevant documentation to establish that thereis an ongoing marital union.
  14. elcupacabras

    elcupacabras Registered Users (C)

    Obviously as your wife wont be living with you and you have no kids, then USCIS understands that a lot of these evidences will not be available to you yet.......so think of things such as:

    -Flight boarding passes/passport stamps to show that you have both visited one another.
    -Emails between one another over the years youve been together
    -Hotel receipts, credit card statements when you've been away on vacation to show that you were both there at the same time.
    -Photographs together
    -Documentation of the marriage..marriage pictures, copy of invitation etc.
    - Letters that you may have written to one another
    - You could even add her to your credit card???

    Basically you want to be able to prove to the Con Off that your marriage is bone-fide and not just for immigration purposes. So anything you have that proves your relationship is real is what they are looking for.
  15. CaliforniaGuy

    CaliforniaGuy Registered Users (C)

    We might be getting married in Vegas next week (if all goes well and she doesn't get denied entering U.S. cause she has previously visited twice in the last couple of months.) If we do get married I will apply for an I-130 but my question is should I file the I-129F afterwards? I see that the timeframe for both is 5 months still. There is no fee to file I-129F but would like to here the pros and cons.

    PS She will only stay here for a week than go back to Canada till the visa gets approved.
  16. Triple Citizen

    Triple Citizen Registered Users (C)

    No point in going down the K-3 route if you ask me. Just put all your time and effort on the CR1 visa.

  17. CaliforniaGuy

    CaliforniaGuy Registered Users (C)

    I am going to file the I-130 package. I am a naturalized citizen and I can't find my citizenship paper. I know the date and place of the naturalization but I don't have the ceritifacate number. If I send a copy of all pages of my passport and write the place and date of the naturalization will it be OK?
  18. Triple Citizen

    Triple Citizen Registered Users (C)

    That should suffice.

  19. CaliforniaGuy

    CaliforniaGuy Registered Users (C)

    I found the citizenship paper and sent a copy of it along with copies of all pages of my passport. I know I didn't need both but I felt more comfortable sending both. Sent photocopies of boarding passes from her visits to the U.S. along with my visits to Canada. I hope I didn't go overboard by sending 24 pictures of us together. I put it on a timeline including our marriage ceremony and the honeymoon cruise we took.

    I started a VJ timeline and I don't know how to put it here or on my profile.
  20. Sweet.as.Kandie

    Sweet.as.Kandie New Member

    Hello, I am so glad I am not the only one confused. I am an American, and planning on marrying a Canadian this month. We have looked into the rules, but they are so unclear, so I am frantically looking abroad for answers and I have high hopes that I can obtain them here with ya'lls help. Ok, here is the deal.....my soon to be husband is an electrician, living in Edmonton, Alberta and he has job security which makes the citizenship a no-brainer. I live in the states for now, and will continue to for a few months after we wed. This allowing for tieing up loose ends here, getting medical records for myself and my children, school transcripts and the like. We have already picked schools, and have been accepted to them...but right now it is a waiting game. Enough of the ramblings..here is the questions at hand......
    1. Is there any special documents needed to get married? Outside of my info, and his birth certificate, social insurence card, drivers license and passport?
    2. Where I live, the waiting peroid to get married is 3 days after applying for the marriage license. Is it longer due to the fact that he is a Canadian citizen?
    3. Does he need to bring his VISA with him? He has one to work over here in the states, but the job fell through at the last minute..gotta love the crazy economy?
    4. Is there a time limit that I and the children can go visit him til the move is complete?

    Any and all help with these questions WILL be read and taken as educated answers due to the experience of registered users.

    Thank you in advance....

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