kc247 Posted March 19, 2013 Report Share Posted March 19, 2013 Does anyone have any advice for marrying someone from Canada or the US? Are either an easier country for the other to get a visa to get into and get married? We aren't engaged I am just wondering for future reference. One of us goes to school. It worries me if I were to move & not be able to work while waiting for a visa if he is going to school. I also heard you need to prove you can financially provide for that person, & I don't see how you can prove that if you are going to school & not working. (I definitely would want to do it the legal way...). Does anyone know the cost of all this? It must happen all the time. Quote Link to comment Share on other sites More sharing options...
ZionsRodeVos Posted March 19, 2013 Report Share Posted March 19, 2013 My knowledge on this is about 19 years old so I don't know how much of the process is still the same or not. As for income, I was not able to show I had income and had my dad sponsor my fiance and guarantee that he would be responsible for her financially. So if the process has stayed the same then whoever is already in the US just needs to get their mom or dad to sponsor you. When I went through the process there were two types of visas. One for if you were already married and one for fiances. For married people it took a year to get the visa approval letter. For the fiance visa it was 2 or 3 months. So if that stayed the same then your quickest route would be the fiance visa. Once in the US you would have to get married within a month. The path using the fiance visa allowed the non US citizen to work. I don't remember if they could before getting married but know that they could after getting married. I also learned that the time period they said it would take for the approval did not mean you could enter the country upon receiving the approval letter. There was still more that had to be done to pick up the paper work. In my case it took my then fiance a couple more months before she could enter the US. You will want to go to the US immigration and naturalization web site to investigate how the process works today. I learned what I needed to do from that web site and then filed all the paper work myself. Quote Link to comment Share on other sites More sharing options...
Guest Posted March 19, 2013 Report Share Posted March 19, 2013 (edited) The establishment of the Department of Homeland Security changed a lot of immigration processes in the USA. So there are a lot of different things that changed from 19 years ago. I can't speak for Canada because I don't have first-hand experience with it. So, I know the Canadian process, I just don't know the realities of the process. The application times are a lot faster now when the visa/permanent residence/citizenship is applied for. The foreign national needs to apply for entry to the US in the embassy in the foreign country and embassies tend to get a lot more red-tapey depending on the country. Canadian tourists to the US don't require a visa for entry. So, technically, the Canadian can enter the US and get married in the US. And before the Homeland Security days, this would have been an easier route. But, today, the adjustment of status from tourist to permanent resident to remove the 6-month tourist provision has become a relatively longer process and gets really scrutinized. It is simpler to just get married in Canada and apply for the new K3 visa for entry into the US then adusting the visa to permanent resident status because then it wouldn't matter how long the I485 approval takes because the K3 allows the foreigner to stay in the US as long as the marriage lasts and get a job (not available to tourists). The K3 visa is also faster processing than applying for the K1 fiancee visa. But, with all this said, getting married in Canada versus the US is dependent on circumstance. If the US citizen spends a lot of time in Canada, in my opinion, it is better to get married in Canada and go through the K3 route. If marriage is to happen in the US, it is better to apply for the K1 to enter the US instead of going in the tourist route. You still have to file the I-130 form before you can apply for K3, but the I-130 does not have to be approved yet before you can get the K3. The I-130 just needs to have been "received" by the Embassy (that is, all the required paperwork and fees have been acknowledged as received by the Embassy). And applying for the K3 requires Financial Support Affidavit (you don't have to be the financial supporter, you can ask your parents to provide Financial Support). Then, the Canadian spouse enters the US, you can appy for I485 to get the green card. Okay, fees. Whew. This can get expensive just for filing fees: I130 - $420 K1 or K3 - $240 plus expenses to provide medical exams and such (not sure if Canadian healthcare provides this service for free) I485 is the bummer - $1070 which includes biometrics. And there are some incidentals like pictures and notarizations and such. Hope this helps. Edited March 19, 2013 by anatess Quote Link to comment Share on other sites More sharing options...
ZionsRodeVos Posted March 19, 2013 Report Share Posted March 19, 2013 I can see it would have been better for me not to reply. I didn't realize everything changed that much. The cost has gone up a lot! Quote Link to comment Share on other sites More sharing options...
Wordnerd Posted March 19, 2013 Report Share Posted March 19, 2013 K1 or K3 - $240 plus expenses to provide medical exams and such (not sure if Canadian healthcare provides this service for free).It may vary in other provinces since they all have varying levels of coverage, but in Alberta at least healthcare will not cover examinations or filling in medical forms needed for visa's, license's or employers. It would be about $150 to $250 depending on the doctor. Quote Link to comment Share on other sites More sharing options...
kc247 Posted March 20, 2013 Author Report Share Posted March 20, 2013 This sounds so confusing! All these form names & whatnot. I know a couple people who have done it but they've all been going to school in the States at the time of the marriage... it seems so much easier that way. Pretty expensive, but I guess you just do it. Quote Link to comment Share on other sites More sharing options...
kc247 Posted March 20, 2013 Author Report Share Posted March 20, 2013 So if I understand this right.. the EASIEST route would be if we got married in Canada, then from Canada applied for a K3 Visa & then moved back to the States, & I could work after that? Would we need any type of 'fiance' visa if he was to live in Canada during that time or is that only the States that has that type of rule? Like suppose he went to school in Canada for a semester, or a year or whatever, we got married during that time, THEN applied for a K3 & then we moved back to the Sates? Sorry I am just trying to wrap my brain around all this. Thanks for the replies :) Quote Link to comment Share on other sites More sharing options...
hbrdba Posted March 27, 2013 Share Posted March 27, 2013 · Hidden Hidden I've been dating a gal for sometime now and we are talking about marriage. We want a temple marriage She divorced her ex husband in the USA and I just found out shes not divorced from her husband in her own country. Do I stop everything and run from this relationship and in all actuality I'm dating and kissing a married woman. Give me some advice here! Link to comment
alison_143 Posted March 27, 2013 Report Share Posted March 27, 2013 I am a Canadian who married and American and moved to the US. We researched the immigration process both ways, but they're pretty much the same. I wouldn't say going one way or the other was easier. One thing to consider is the medical examination. It has to be done by a physician authorized to complete examinations for immigration purposes. There are only 4 in all of Canada. Yes. FOUR. One is in Vancouver, one in Toronto and two in Montreal. I was in Alberta so I wasn't anywhere near any of those choices. You are required to go to the US Consulate in Montreal for a final interview. In my case, we had already been married and I was entering the US as a Spouse of a US citizen. The interview was necessary to prove I was in love and wasn't just marrying for the green card. Regardless of the reason you are applying for permanent residency in the US, you will have to go to Montreal for the interview and have the results of the medical exam in hand. Those medical exam results take several days to be completed so I had to arrive in Montreal 8 days before my scheduled interview date at the Consulate. Canadian/Provincial health care does not cover the cost of that medical exam which is $250, as of 18 months ago. Being in Montreal for 8 days gets to be expensive with food, transportation, and a room to stay in. All the application fees are already really pricey, so altogether you're spending upwards of $2000 for fees and travel costs, not to mention lawyer fees if you choose to have one. That will probably double your costs at least. We did it without a lawyer to save money, but it took a really long time. It's up to you what you choose to sacrifice, time or money. Either way, the whole process sucks. Just make sure you follow all the directions you are given and triple check everything you send in. Another thing to be cautious about is if you move to the US and get married within 2 months of your arrival and stay there. That puts up some major red flags for immigration and it makes things extra difficult in the long run. I don't have all the technical advice, like which forms to fill out and all that. It was so stressful and overwhelming going through all of it, I think my brain just discarded all the information. I do know what I had to go through though and it wasn't fun. Just make sure that you're willing to put in a lot of time and a lot of money if your relationship gets to that level. Getting an immigration lawyer would make things a lot easier, but you still have to provide him with your entire life's history so be prepared to dig that all up. Addresses you have lived at for the previous 5 years, jobs for the past 5 years and their owners contact information. It's very in depth. Hope this helps... I know it sounds very pessimistic, but really, nothing is made easy for this whole process and nobody is really willing to give you the benefit of the doubt. Just be prepared for the most difficult process you will ever go through!! Quote Link to comment Share on other sites More sharing options...
Guest Posted March 27, 2013 Report Share Posted March 27, 2013 So if I understand this right.. the EASIEST route would be if we got married in Canada, then from Canada applied for a K3 Visa & then moved back to the States, & I could work after that? Would we need any type of 'fiance' visa if he was to live in Canada during that time or is that only the States that has that type of rule? Like suppose he went to school in Canada for a semester, or a year or whatever, we got married during that time, THEN applied for a K3 & then we moved back to the Sates? Sorry I am just trying to wrap my brain around all this. Thanks for the replies :)No, this is the easiest if you plan to apply for permanent residency in the US. If you plan to reside in Canada, then this does not apply.K1 (Fiancee) visa is only applicable if you are not married yet and you're a Canadian wishing to get married to an American and the marriage will happen in the USA and you plan to reside in the USA.K3 visa is applicable if you are a Canadian who got married to an American and the marriage occurred in Canada and you want to reside in the USA. Quote Link to comment Share on other sites More sharing options...
Guest Posted March 27, 2013 Report Share Posted March 27, 2013 I can see it would have been better for me not to reply. I didn't realize everything changed that much.The cost has gone up a lot!Oh no Zion... your reply was perfect to start the discussion! Quote Link to comment Share on other sites More sharing options...
Guest Posted March 27, 2013 Report Share Posted March 27, 2013 (edited) Basically - these are the steps you need to go through if you plan to reside in the US: 1.) The American applies for a Petition for a Foreign Relative (I-130). This Petition basically tells the US Federal Government that you have a Foreign Relative that you want to be with you in the US. 2.) The Canadian applies for entry visa (K1 or K3). This is an application for a temporary visa (usually 6 months) that will allow the Canadian to pass through US borders. (You can also use your tourist/student visa but this can become complicated when you go to the next step). 3.) The Canadian applies for Permanent Residency in the US (I-485). This application will convert the Canadian's temporary visa to a green card that will allow for a longer stay in the US. There is heavy scrutiny to convert a tourist visa into Permanent Residency visa. There is lesser scrutiny for a K1 and even lesser than that for the K3. Each of those forms comes with additional forms that must be filed with it. For example, the medical form goes with the K1 or K3 visa. If you go to the USCIS.gov instructions for each form, it will outline it all for you. Hope this helps. Edited March 27, 2013 by anatess Quote Link to comment Share on other sites More sharing options...
hbrdba Posted March 27, 2013 Report Share Posted March 27, 2013 No, not at all. I had a question concerning the issue and I do not intend to continue dating this person. My questions were answered. thank you. Quote Link to comment Share on other sites More sharing options...
kc247 Posted March 29, 2013 Author Report Share Posted March 29, 2013 Thanks for the replies! I had researched it much more. My brother's father in law is an immigration lawyer and I talked to him about it, it seems like the K1 visa is the best route for us. Sucks I would have to go to Montreal but in the end it would all be worth it! We are hoping to start the paper work between now and when I go visit in the next month or 2 and send it off then. Hopefully it all goes smoothly. I will continue living at home and working to save up and cover the costs for what it will all cost. If all goes well then we are hoping to get married early next year. They definitely don't make it easy! Quote Link to comment Share on other sites More sharing options...
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