Help! Immigration issue related to marriage!

[synth19]

Hey everyone, I’m a US citizen and I fell in love with a Canadian a few years ago. We have been engaged since October and the plan is to get married in the fall of 2005. I am just getting started on the immigration process and it is quite complicated. The options are as follows:

• K1 Fiancé Visa- With this kind of Visa I can apply now, it will take about 6 months to get, maybe less. Once she receives the visa, she will then have up to 6 months to come to the USA. Now, once she is here we have to then get married in the USA. This will not work because the wedding is already planned in Canada!
• K3 Visa- The K3 visa means I have to be married to her first (the wedding can be in Canada), and then I apply for her to come to the USA. This will take at least a year or more! The K3 used to be pretty speedy, but now the processing is taking a LONG time!

Will the church allow this: To conduct the religious ceremony in Canada, however I CAN NOT have a wedding certificate or apply for a license over there. There CAN NOT be any legal documentation of the wedding. That would void the K1 Visa because it states the wedding must take place in the USA. So my question essentially is, can I do:

• Apply for the K1 Visa NOW, and wait….
• Hopefully I receive the Visa in the Fall… she is now allowed in the USA….
• Catholic/Religious Wedding in Canada (In my eyes, the true wedding takes place before God).
• Apply for License and conduct civil marriage in the USA.

THANKS!

 

[Almeria]

Just a quick question for clarification–are you looking to become a Canadian citizen, or is he looking to become an US citizen? Or both?

 

[synth19]

She is looking to become an American Citizen eventually…that will take longer, first I need her to get the Visa to get here…then greencard down the road…and then citizenship… I’m an american citizen… thanks.

 

[Brendan]

My wife and I were in the exact same situation when we were married 11 years ago.

I would recommed doing it in reverse.

When the K1 visa arrives, have a civil ceremony done for purely legal reasons and have her change her status with INS; as after the marriage, the K1 becomes invalid and she cannot leave the US until her status has been changed.

The change of status can be done the next business day at any INS office. After than, she can return to Canada until the real wedding.

Of course you should NOT consider yourselves married in any way. She can stay in a hotel alone

After that is done, have the Sacramental Marriage. This will be technically called a ‘convalidation’.

This way will be both completly legal and moral. Doing it they way you have outlined would probably work and would technically be legal, but fooling around with INS is probably not a good idea.

Run this past both your pastors.

 

[puzzleannie]

your diocese if it is close to the border probably has an office to assist people with immigration issues and may be a good source of advice.

 

[Augustine]

I’m an immigrant, but through a different situation. Yet, can’t she get to the US with a TN visa, which takes just a few days, and after getting married to you in front of a JoP, both of you go get married for real (in the Church) in Canada and when you’re back you apply for her change of status?