View Full Version : Canadian citizen marrying US citizen. Best route.
bornconfused
04-14-2008, 10:24 PM
Hello all. I'm a canadian citizen engaged to a u.s citizen. After we get married we intend to live in the states. I'm considering my options and was hoping someone would be able to point out which route is the most efficient one. Thank You!
Get a K1 visa. How long can this take? And during the time the application is being processed can I visit him in the states and vice versa? Would I be visiting him on a tourist visa?
Get married in Canada and apply for a K3. How long would this take?
Go to the states to visit, get married and apply for adjustment status
and finally... Go to the states, get married and come back here and apply for K3 or whatever it is that i'd need at that point.
Thank You so much for your help in advance!
kenaly
04-15-2008, 12:00 AM
K1 and K3 visa would take 6-9 months assuming that there in nothing like being deported or a criminal convicition to overcome (for the Canadian)
I stayed in Canada with my husband while his spousal visa was pending, and that is also an option.
discoviking
04-15-2008, 04:00 AM
Assuming there are no red flags in the Canadian citizens immigration file, I would go with the K1. I took this route when coming here from Norway, and it was fairly painless and quick.
Do not go to the US as a tourist, marry, then stay and attempt to adjust status. You may end up being charged with visa fraud and/or misrepresentation.
I was here once visiting on a tourist visa while my case was pending. But that was 25 years ago, and things were a bit more lax back then. Don't know if I would attempt it now....
bornconfused
04-15-2008, 05:11 PM
K1 and K3 visa would take 6-9 months assuming that there in nothing like being deported or a criminal convicition to overcome (for the Canadian)
I stayed in Canada with my husband while his spousal visa was pending, and that is also an option.
there's nothing criminal to overcome for the canadian. i'm sparkingly clean :bounce: i like the idea of him staying here with me while we go through the process. definitely an option to consider. thanks for the idea!
if both the k1 and k3 take roughly the same time, why does it seem like people prefer the k1 route? i dont like the k1 route in the sense that after im in the states i cant travel till an adjustment of status. k3 seems better in that regard. how long after k1 does adjustment of status occur?
Assuming there are no red flags in the Canadian citizens immigration file, I would go with the K1. I took this route when coming here from Norway, and it was fairly painless and quick.
Do not go to the US as a tourist, marry, then stay and attempt to adjust status. You may end up being charged with visa fraud and/or misrepresentation.
I was here once visiting on a tourist visa while my case was pending. But that was 25 years ago, and things were a bit more lax back then. Don't know if I would attempt it now....
im definitely thinking of eliminating the go to US as a tourist, get married and apply for adjustment of status while there option. too much hassle.
what do you think of going to the states, getting married and coming back to canada? would that make it any easier?
bornconfused
04-16-2008, 03:10 AM
another question! can i travel to the states while a K3 visa is being processed?
emt103c
04-16-2008, 03:20 AM
The k3 for Canada takes significantly longer than the k-1 route.
You can travel between the two, but run the risk of being accused of intent to immigrate. . .if you do travel to the states while in the process always make sure you have a copy of proof you plan to return, copy of lease or deed/mortgage, proof of employment, copy of return itenerary/plane ticket, etc.
Always be honest and truthful, but don't volunteer a lot of extra information. . .If they ask the reason for your visit for example: "Visit" is an appropriate answer, if asked why, you can specify your spouse, but be prepared to answer questions as to how long and the status of your case. . .
I frequently visit my hubby in Canada, and when I do I get asked about the process of his case on my way in and out of the U.S. I've visited too many times, so I think they alternate between no questions to a LOT of questions.
bornconfused
04-16-2008, 03:46 AM
The k3 for Canada takes significantly longer than the k-1 route.
You can travel between the two, but run the risk of being accused of intent to immigrate. . .if you do travel to the states while in the process always make sure you have a copy of proof you plan to return, copy of lease or deed/mortgage, proof of employment, copy of return itenerary/plane ticket, etc.
Always be honest and truthful, but don't volunteer a lot of extra information. . .If they ask the reason for your visit for example: "Visit" is an appropriate answer, if asked why, you can specify your spouse, but be prepared to answer questions as to how long and the status of your case. . .
I frequently visit my hubby in Canada, and when I do I get asked about the process of his case on my way in and out of the U.S. I've visited too many times, so I think they alternate between no questions to a LOT of questions.
Hey. Thanks a lot for that. Very helpful :) If you don't mind me asking, is there any specific reason why you opted for the K3 route as opposed to the K1 considering that it takes longer?
I'm so confused about which route to take. Definitely one of the two, K1 or K3 but can't decide on which.
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