American Citizen marrying a Canadian Citizen

S

sunshine79

New Member
Hello,

I am a US citizen engaged to a Canadian citizen. I plan to marry her in the US by a judge in May of this year and then start the paperwork. Also, in August, I plan to go to India with her to have a proper Hindu wedding. My questions are as follows:

1. What forms do I need to fill out to bring her to the US legally so she can eventually live and work here?
2. Does she have to stay in Canada until everything is processed? Is there a way she can live with me (even if she can't work) while she waits for the paperwork to process?
3. What is the typical wait time?

Of course, if I am going about this all wrong, please advise. Thanks!
 
Congratulations on your upcoming wedding.
Does she have any visa to come to the US (TN1 , H1B)? if not she cannot come as a tourist in order to get married (unless she is planning to go back to Canada after the wedding). You should file for a K1 fiancee visa to bring her to the U.S. to get married.
Fiancé visa can take anywhere from six months to a year or more to obtain. Once she enters the U.S. you have 90 days to get married, after that you can start the green card process.
Once you apply for the green card, you apply also for an advance parole so she can travel with you to India.
 
1. What forms do I need to fill out to bring her to the US legally so she can eventually live and work here?
Here's a step by step guide for the K1 fiance visa that you will need.
http://www.visajourney.com/forums/index.php?autocom=custom&page=k1guide

2. Does she have to stay in Canada until everything is processed? Is there a way she can live with me (even if she can't work) while she waits for the paperwork to process?
She can visit during the process, but she's not allowed to 'live' in the US during the time. As soon as her visiting time is over, she will need to return to Canada- she will also need to return to Canada for her interview in order to get the visa. Apply for the visa now and she 'should' be able to enter the US in around 6-8 months to marry you. After marriage has taken place, then she will be able to apply for a GC.

3. What is the typical wait time?
6-8 months.
 
EasyGration said:
Congratulations on your upcoming wedding.
Does she have any visa to come to the US (TN1 , H1B)? if not she cannot come as a tourist in order to get married (unless she is planning to go back to Canada after the wedding). You should file for a K1 fiancee visa to bring her to the U.S. to get married.
Fiancé visa can take anywhere from six months to a year or more to obtain. Once she enters the U.S. you have 90 days to get married, after that you can start the green card process.
Once you apply for the green card, you apply also for an advance parole so she can travel with you to India.
Click to expand...

Hello and thanks!

She doesn't have a visa, she is just coming here as a visitor and then going back to Canada after the wedding and then going to India from there, not from the US.

At this point it is my understanding I need to submit an I-130 form as she'll be my spouse and no longer my fiancee? I have also read about the CR-1 visa. How does that work and is it better to pursue that instead of a K-3 visa?
 
elcupacabras said:
1. What forms do I need to fill out to bring her to the US legally so she can eventually live and work here?
Here's a step by step guide for the K1 fiance visa that you will need.


2. Does she have to stay in Canada until everything is processed? Is there a way she can live with me (even if she can't work) while she waits for the paperwork to process?
She can visit during the process, but she's not allowed to 'live' in the US during the time. As soon as her visiting time is over, she will need to return to Canada- she will also need to return to Canada for her interview in order to get the visa. Apply for the visa now and she 'should' be able to enter the US in around 6-8 months to marry you. After marriage has taken place, then she will be able to apply for a GC.

3. What is the typical wait time?
6-8 months.
Click to expand...

Thank you for this information.

So is it not advisable to get married then submit the I-130? Which visa should she apply for now (before marriage)?

It's my understanding she can visit for 6 months at a time? Is that correct or can she only visit for 6 months maximum in a year? She has no problem just "visiting" and not working until all the paperwork is complete.
 
I think I must have misunderstood you.

If you are going to be unmarried before you apply for the visa then the K1 route (the one I spoke about in my previous post) is the way to go.
If however, as you stated in your last post, you are going to marry first and then apply, then the CR1 spouse visa is the more appropriate route (CR1 is better than K3 as it is cheaper in the long run and your wife would become a GC holder immediately upon US entry when she has the visa in her hand).

Yep- your wife can visit- and you're right, Canadians get 6 months entry- as to whether she will be able to return at the end of her 6 months and then return again soon after is entirely up to the POE officer at the border. This could be even trickier with her having an I-130 in the works. She may be asked to provide ties back to Canada to prove she is going to return at the end of her allotted stay (such as mortgage payments, letter from employer etc) which to me sounds like she wont have if she's planning on spending all her waiting time with you.
 
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