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In 1970 the iconic Canadian rock band, The Guess Who, released their hit single, American Woman. citizens and a significant portion of these cross-border couples opt to build their lives in the United States rather than Canada. There are a number of things that Canadian citizens can do to make the process more difficult for themselves. The period from initial filing of the K-1 petition with U. Citizenship and Immigration Services (CIS) to issuance of the K-1 visa at the U. Embassy in Montreal (which processes all K-1 visas in Canada) often ranges from five to nine months. The K-1 visa holder may not travel abroad until the earlier of an issuance of this card or a grant of permanent residence. immigration law, petitioners have the burden of proving that they have met their fiancés, the relationship is bona fide and the resultant marriage is legitimate and not entered into solely to confer permanent resident status upon the foreign national beneficiary. Relationships born online and persons who have met and courted very briefly also can draw suspicion. A Canadian citizen who intends to immigrate to the U. Law Now has created a Department called New Resources at CPLEA, which is now a permanent addition to each issue.
In it, they warned fellow Canadians, “American woman, stay away from me.” Despite their plea, countless Canadian citizens have found love across the Southern border. Couples are frustrated to learn that even attorneys cannot predict exactly how long the process will take due to ever-fluctuating government processing times for the various stages involved. For do-it-yourself couples, there may be an increased possibility that the U. government will make additional evidentiary requests that can delay any of the stages. ” If you thought that applying for a fiancé visa would not impact entry to the U. Issuance of the card often takes 60 to 90 days and can be delayed if CIS requests further evidence. So even though your relationship is a romance for the ages, you have the burden of proof.
citizens who wish to marry or have married foreign nationals and seek to secure permanent resident status for them in the United States. ” is the common refrain we hear once we describe the normal timeframe for issuance of a K-1 visa. ” Once the Canadian citizen enters the United States in K-1 status and marries the U. citizen within 90 days of arrival, he or she must apply for permanent resident status within that time frame via a process called “adjustment of status.” An application for an employment and travel authorization card should be included. immigration officers understandably are suspicious because they regularly uncover instances of immigration fraud perpetrated by both criminal rings and individuals – U. immigration is particularly wary of large differentials in age, race, and economic status. immigration law contains a strong distinction between immigrant (permanent) and nonimmigrant (temporary) intent. As reflected by the lyrics of The Guess Who, a Canadian citizen’s failure to plan for the immigration timeframes and issues in advance of marrying a U. citizen is “gonna mess your mind.” We recommend starting such planning at least a year prior to the wedding if possible.
Ok, sometimes this can be completely annoying since every vacation abroad is filled with visiting his family but hey, at least I have a reason to board the plane and it is great not to have to cook and clean for a month. Our children will speak another language and we won’t have to pay an expensive tutor. ) but the for getting family and friends together twice is fantastic! If you do not agree with these terms and conditions, please do not use this website. I think I married the ONE American who doesn’t find the Latvian thing fascinating, exotic or especially worthwhile!There is essentially no distinction between common-law and legally married spouses so long as the relationship continues, as the law generally prohibits discrimination on the basis of marital status.For example, a common-law couple are entitled to the same workplace benefits (e.g. One key exception is that “spousal privilege” when compelled to give evidence is limited to those who are legally married (this privilege permits the witness to refuse to disclose spousal communications). as a visitor, a pending K-1 petition shifts the scales against an applicant for entry. Many opt for a small civil ceremony shortly after arrival which meets the legal requirement of marrying within 90 days of entry in K-1 visa status, and later have a reception that constitutes the usual spiritual or religious celebration. “But I just put a non-refundable deposit payment down on our dream all-inclusive vacation in Mexico! in a visitor status may become the subject of fraud charges which can lead to a denial of the permanent residence application without the grant of a discretionary waiver. Customs and Border Protection (CBP) officers can see the K-1 petition in the CBP computer system and may conclude that the Canadian citizen lacks requisite nonimmigrant (temporary) intent to enter the U. Therefore, prior to visa issuance, many couples are unable to plan a large wedding a few months before the K-1 applicant’s arrival.