Canadian woman wanting to marry a U.S. man~another scenerio

escape2sea
New Member


BEB

Joined: 24 Aug 2008
Posts: 4
Location: Calgary

Posted: Sun Aug 24, 2008 5:00 pm

 

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Hi Gang
I (Canadian citizen) have been dating and engaged to a U.S. citizen for the past 4 years. We want to get married and live in the U.S. while keeping my job in Canada. (I work for an airline and have 7 years left before I can take my retirement package). Being that I work for an airline I need to be able to cross the borders without any deception as not to risk losing my job as well. To date I have had little hassle. I have been honest and only detained once. We have gone to homeland security 2 times to get recommendations.We have been given different scenarios with no concrete suggestions on which forms are required or best for our situation. We have both sold our homes and starting to build one in the U.S., we just want to start our lives as one but seems that there is so much red tape.
Scenarios:
1. Get married and then file (but then I am at the mercy of the customs officer each time I cross until it is recognized/approved.anyone know the time lines to expect?)
2. Fiance Form seems to be a total waste and long drawn out process.and I can not get a leave of absence from my employer for the 90 days required to stay in the country. Besides my kids are in Canada as is most of my family, including elderly parents. This one does not seem to work.
We are thinking of just getting married and then file for the spouse/green card/advanced parole but not sure of any ramifications. We think it is best to get married in Canada.then he return to the U.S. & file. If we got married here and then I went back to Canada and then filed it may cause us grief. Anyone have any advice? Want to file & do it right without costing a fortune in lawyers or filing the wrong paperwork and messing us up. Thanks.

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Steven
CanuckAbroad VIP



Joined: 28 Sep 2007
Posts: 1582
Location: Calgary

Posted: Sun Aug 24, 2008 9:02 pm

 

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You're allowed to visit while the petition is pending, but obviously for that one to work you need to keep ties to Canada to prove you're only visiting, e.g. pay taxes there, keep your driver's licence etc. So he just files an I-130 basically. I wouldn't have thought it was that big of a problem given your job because you can cross the border frequently, so going to the interview at the consulate in Canada shouldn't be a big deal.
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Steve.

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Reba
Moderator


Canuck in NC

Joined: 16 Jul 2004
Posts: 1448
Location: North Carolina

Posted: Mon Aug 25, 2008 3:13 am

 

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Your best bet is to get married first (in either US or Canada, doesn't matter) and then petition with the I-130 for a CR1 visa. DO NOT GO FOR THE K3 or K1! Both of the K visas would require that you have a 3 month wait for employment authorization after you enter the US (with K1 your wait for employment would be longer, as you can't apply for EAD until after you're married and apply for AOS).

With the CR1 you get permanent residency, with work authorization and travel authorization all built right in. No worries. Other than the year long wait for it to process.

Check out http://www.visajourney.com for info.
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escape2sea
New Member


BEB

Joined: 24 Aug 2008
Posts: 4
Location: Calgary

Posted: Mon Aug 25, 2008 2:00 pm

 

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Thank you for the advice!
If we did this CR1 which makes the most sense to me.smiles.I could still visit and still work. I wonder if after we go through the process and get approved if I will still require the Advanced Parole I-131 so that while having residency here I could still maintain my job in Canada until I retire.
With this info we can finally start planning a small wedding in Canada around Christmas. I will keep you posted as to pay it forward when someone else has a scenario similar to ours.
Homeland Security?Immigration has not been much help.in fact I think we came out of there with more confusion & more questions when we were done. They kept telling us that I would have to quit my job.lie at the border crossings (take off my ring etc).this just seemed ridiculous.
We also went to an immigration lawyer who said she could do it all for $5000 plus the fees for all the forms. I think we should be able to do this without having a lawyer.
Thanks Again for your quick response.

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Reba
Moderator


Canuck in NC

Joined: 16 Jul 2004
Posts: 1448
Location: North Carolina

Posted: Mon Aug 25, 2008 3:16 pm

 

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No, with the CR1 you will not need Advanced Parole. As I mentioned before, the CR1 is permanent resident status, with full work authorization and travel authorization for 2 years. Just before your 2 years is up, you apply to remove conditions, then you get a 10 year card. Before that even expires, you'll be eligible to apply for US citizenship if you want, but that's a whole 'nother kettle o fish.

While the petitions are pending yes, you can still visit periodically, but you'll have to show ties to home country like you still have a permanent residence and bills to pay in Canada that you're not abandoning.

Again, see Visa Journey for more detailed info. And stay away from the lawyers, they'll hinder more than they'll help IMO.
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I miss Shreddies!

Are you in the US or Canada? Want to make some extra money? Check out My Watkins website for some awesom products and business opportunity.

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escape2sea
New Member


BEB

Joined: 24 Aug 2008
Posts: 4
Location: Calgary

Posted: Mon Aug 25, 2008 3:23 pm

 

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I did read that in your message.
Thanks Again

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Steven
CanuckAbroad VIP



Joined: 28 Sep 2007
Posts: 1582
Location: Calgary

Posted: Mon Aug 25, 2008 4:17 pm

 

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I-130s are relatively simple, you should be able to DIY. The key point as we've both mentioned is that you must maintain non-immigrant intent while you visit while the petition is pending, i.e. keep ties to Canada.
_________________
Steve.

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