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Marriage to american citizen - best route to take?

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  • Marriage to american citizen - best route to take?

    I am a Canadian citizen, and my fiance is from the U.S. We are both currently visiting my mother in Canada. We hope to marry sometime next year, but are unsure what the best route to take is. I would like to be away from him for as little time as possible. I now wish when I had last visited him in the U.S., when we decided we would get married, that I had done it before thinking about leaving the country, because this seems so much more complicated now, and there doesn't seem to be a good way to stay with him throughout the procedure, unless he were to stay here with me. Then again, I don't understand much of the legal-speak I'm reading, which is why I'm inquiring here. Maybe someone can simplify things for me? I don't suppose there would be any way for us to delay getting married, since I'd had trouble crossing the border to visit him already. I also hope to get back to school as soon as possible. I know that you can get a work permit with the fiance visa (though I don't understand all the details), but what about school? Am I going to have to wait? I'm counting out any possibility of getting a student visa, since I don't think they'll approve me when I am planning to marry... Please help?

  • #2
    I am a Canadian citizen, and my fiance is from the U.S. We are both currently visiting my mother in Canada. We hope to marry sometime next year, but are unsure what the best route to take is. I would like to be away from him for as little time as possible. I now wish when I had last visited him in the U.S., when we decided we would get married, that I had done it before thinking about leaving the country, because this seems so much more complicated now, and there doesn't seem to be a good way to stay with him throughout the procedure, unless he were to stay here with me. Then again, I don't understand much of the legal-speak I'm reading, which is why I'm inquiring here. Maybe someone can simplify things for me? I don't suppose there would be any way for us to delay getting married, since I'd had trouble crossing the border to visit him already. I also hope to get back to school as soon as possible. I know that you can get a work permit with the fiance visa (though I don't understand all the details), but what about school? Am I going to have to wait? I'm counting out any possibility of getting a student visa, since I don't think they'll approve me when I am planning to marry... Please help?

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    • #3
      The best way seems to be the fiance visa. It'll take a few months and you'll be here. Then you'll get married and file to have your status adsjuted to permanent resident. You'll have your work permit shortly after that and everything else will follow.

      When you enter the US you'll have 90 days to get married.

      This will help you understand the fiance visa better:

      http://www.ins.usdoj.gov/graphics/howdoi/fiance.htm

      Hope that helps. I think this is the best solution for you in my opinion. If you come to the US as a visitor planning on getting married, and they find out, you'll be in a lot of trouble. Safest way is the best way. A little patience now will be rewarded

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      • #4
        That what I've been gathering is the best thing to do, too. When I apply for a fiance visa, how long does that mean I have to stay in Canada before I can move to the U.S.? And how long before I can work or go to school once I'm there?

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        • #5
          it takes roughly 4-6 months for the fiance visa to completion, and as long as you file the work visa at the same time as you file for your I-129f, they should both be completed by the time you enter the states

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          • #6
            I got married in January while my wife now was visiting, I am a US citizen and my wife has a valid tourist visa, she went back after we got married before her time was up. I live in Connecticut and would like to know average time for my wife to get green card and want to know if she could use her tourist visa to come and visit me with out hurting the case. we got the " receipt notice from immigration on march 6...thank you

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            • #7
              They probably wont let her in though because she does have intent to immigrate.
              When you file an adjustment of status outside the US, you can apply for a k3 visa which will let you in the country while your case is pending.

              http://www.ins.usdoj.gov/graphics/howdoi/spouselive.htm

              Hope that helps

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              • #8
                What is the difference between the k-1 and k-3 visas (besides the fact that you have to be already married)? Would there be any benefit to get married here and come in that way?

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                • #9
                  K1 is for fiance, K3 is for spouses that want to join their spouses in the US. That's pretty much the difference right there.


                  The problem you have is that if you enter the US
                  it's probably going to be so you can get married there, right? Well that's a no no where the INS is concerned. You are not allowed to enter the US knowing you are going to stay. If you do that and they find out, you're in a LOT of hot water.

                  The decision is yours as to which way you want to go but I would go with the fiance visa personally. It's not a question of what's more convenient, it's a question of going by the book. You don't want to mess with the INS, that's for sure.

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                  • #10
                    I meant if I get married before I enter the United States, would the k-3 allow me to enter any sooner. Or would that process still take a long time?

                    I would go down to the States to visit, come back after a month, and return in the summer to get married, but I don't think I want to chance trying to enter the country without a visa again, because of the trouble I had last time. I needed every document I had, and it still took me three tries to cross, because they didn't believe I intended to return. And I doubt I'd be able to get any other sort of visa because of my relationship.

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                    • #11
                      Read that page on the k3 visa, that's what it's there for. It's intended for spouses to enter the US *while* their petition is pending instead of having to wait for the whole thing to be over with.

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                      • #12
                        I've read all of those pages. None of them really give any indication how long anything will take. I know they can't tell for certain, but I can't even estimate. You still have to get the k-3 visa before crossing. I just don't want to have to put my *entire* life on hold for this.

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                        • #13
                          It's not going to take that long.

                          A fiance visa usually takes 4 to 6 months. The K3 visa, I have no clue. You can go look on the timeline of the service centers and see the filing dates they are now processing. You can check that from the ilw main page.

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                          • #14
                            Over a decade ago, I got married in the USA, and brought my wife back home (outside of the USA) with me.
                            Funny thing, more than 10 years after, browsing this forum, I see that there was a chance I would not have been allowed into the USA, because they could have suspected I was intending to stay (which I was not, otherwise, I would still be over there). I am not 100% sure, but I think I even told the INS inspector, that I was coming over for my wedding!! Things were far more lax in those days I guess.
                            My brother is a USC, he was born in the USA when my parents were attending college, he also got married in the US just after his College graduation, and his wife also entered with a tourist visa, that was back in the early 80's. They also did not stay in the US.
                            Nor my sister in law, nor myself had any problems since we were out of the US a few days after the wedding. Now it is funny to think that both weddings could have been spoiled because our ignorance of the law, luckily they were not, since we are all still happily married.

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