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-   -   What if we're not staying in the states? (https://britishexpats.com/forum/usa-57/what-if-were-not-staying-states-58747/)

Toby J Woods Jan 1st 2002 2:48 am

I'm American, my Fiancee is Canadian. She is coming to the states in about a week and we plan on getting married by my uncle-- who is a ordained preacher-- short after her arrival.

She has already bought a round trip ticket cause she plans on going back to Toronto-- she has a lot of fmaily up there, I have very little in the states and some good job prospects in Toronto-- and that is where we will live permenately.

Question is: Since she is going home in about 20 days after arriving in the states. Do we need to bother with a K-1 visa? After all she's not taking up permenate status.

I called INS and they said as long as she didn't try to take up resident status we didn't need it.

Alvena Ferreira Jan 1st 2002 6:07 am

Toby J Woods wrote:
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Probably one of the few times that they were correct. However, she would do well not
to volunteer that she is planning to marry in the US when she enters, unless
specifically questioned about this.

Alvena
-----------------------
Doc Steen Site: http://www.mindspring.com/~docsteen/...o/visainfo.htm
=========================================
I am not a lawyer and this is not immigration advice. This is my personal opinion,
posted for the purpose of discussion only. Locate an immigration attorney in your
area at: http://www.aila.org
=========================================

Rete Jan 1st 2002 7:15 pm

Your problem isn't marrying in the US but your moving to Canada. Has she obtained information on your migrating to Canada? You are not allowed to just cross the border and work and live in Canada anymore than she is eligible to just waltz into the US marry, stay and work. You need landed status from Canada immigration and she would need residency or a K-1 from US immigration.

Suggest strongly that you visit the Canadian immigration site. The timeframe for you to enter Canada as a spouse of a Canadian citizen to live and work is from 6 months to a year and you have to go through an interview, medical, FBI clearance, etc.

I'm married to a Canadian and am a US Citizen and found it is not as easy as you seem to think it is. You might not even be allowed to visit her in Canada after your marriage until your paperwork is finalized.

Here is the Canadian immigration website.

http://www.cic.gc.ca/

Lucky you won't be having to deal with immigration in Quebec which is much more difficult.

Rita

W Newcombe Jan 1st 2002 8:09 pm

When my wife (USC) and I (Cdn C) married in the US and returned to Canada to live, we
had already spent a couple of months gathering together all the paperwork for my wife
to live in Canada as a permanent resident. We couldn't have just simply walked into
Canadian Immigration and say that we got married and expected her to live with me in
Canada. She would have been turned around at the border and been scrutinized every
time she tried to cross and visit. We had to get medicals completed, police searches
conducted and put together all the paperwork required to start the process of
'landing' in Canada. Is was only when we presented all the paperwork which included
previously paid stamp indicating that we have paid for the application, that we were
able to cross the border. My wife was only given a 6 month visitor pass to Canada
until all her paperwork was completed and became a landed immigrant. To make a long
story short, you will need a couple of months to get all the paperwork together in
order for the Canadian Immigration officials to allow you to enter Canada. Good luck!
I don't want the two of you to be separated.

Wes

Toby J Woods Jan 2nd 2002 3:27 am

Thanks all
 
I was pretty sure that INs had it right about me and her not needing the K-1 (after all the courthouse jsut needs her ID and 45 bucks, plus what about all the folks who get married without it) Afterall she has no interest in being a US citizen.

And yes we have started getting the papers together for me to immigrate to Canada; and I thought the US could get complicated. We're looking at a 2 months seperation right now.

The reason we're getting married now is cause of my Uncle's health. I want him to perfomr the ceremony, but not sure he'll last till all the paperwork is done.


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