hamilton ontario to buffalo ny, anyone else go through the k1 process while being so close in distance?

[kitsulli 1]

Hi! So I am from buffalo ny, my girlfriend of a year and a half (same sex relationship btw) is from hamilton, ontario. We are looking to begin the k1 process soon and I was just wondering if anyone else lived in such close proximity while doing so? We are only 45 minutes away, just with a border between us =/ we alternate every other week who comes to who, 2 or 3 days each visit and we have never been hassled or even questioned about our relationship. I guess my question is, do you think any part of this will be easier bc of how close we are? Such as visiting while processing, proving our relationship etc? We just want to make sure we do this right, without ever being hassled it seems like it will be easy but I know this isn't always the case. We were thinking of her visiting for her max allowed of time while we begin the process for her to get used to things and get things in order then her returning and waiting for it to finish. What if we get our interview somehow before she returns, will it hurt anything that she is here as a visitor? I also hear Canadians do not need a visitors visa? Any help will be appreciated!

[TwoChickies 105]

Congrats on deciding to take this next step.

Living so close to each other won't make the process any faster if that's what you mean, but it should help make it smooth for you guys seeing as how you'll have lots of evidence of a real relationship.

As long as you follow the guides and other VJ members there shouldn't be anything too complicated about it. Seems like you guys have your ducks in a row and it'll be easy for you.

If she visits for an extended time and somehow gets her interview while she's in the US, she would just have to go back to Canada for the interview. Nothing wrong. And you're correct, Canadians don't have to apply for a visitor visa to the US.

Good luck to you guys!

[Liz&Nate 23]

My now husband and I lived on opposite sides of the U.S./Mexico border during our K1(he moved from the U.S. Midwest to be closer to me), about 30 minutes away, border crossing times not withstanding. At the time I was a 10 year border crossing card holder that allowed multiple entries. We visited back and forth during the process. This never caused any problems. I was always forthcoming with the CBP telling them that I was visiting my boyfriend and then fiancé, usually for the weekend.

During this time I also used up the last of my vacation pool time at work (which I had been saving forever!) to take a trip to visit his family in the Midwest, which also required me to procure a 1-94 since I was traveling by plane. Also, I had no issues when I requested the document. We mentioned this on our application and I told my interviewer officer. Didn't have any issues either. From my personal experience, my guess is you'll be fine. Congratulations on your engagement!

Edited May 22, 2015 by Liz&Nate

[kitsulli 1]

Thanks guys! When I was originally hearing no visiting during application process I was so upset, thinking but we are so close and see each other so often it would be terrible! I am so glad to hear positive things, many things I've read while researching has made it seem so hard, if not impossible, so I decided to finally join a board and ask people first hand. I have already asked a few questions on a few different threads and in just a day so much of my anxiety has went away I have thought so many times, there's shows like 90 day fiance on TV that are clearly not genuine relationships, if they can do it surely two people actually in love could, it can't be as hard and as discouraging as all the things I read made it seem! I needed some hope, thank you

[mrs thb 331]

may i suggest getting a nexus card to breeze in and out with few questions?? its a simple application and interview but makes things a heck of a lot easier when coming and going.

start documenting all your ins and outs of the country as you will need these for your application and not just from the date you submitted your app.....when i did my K1 in 2011 it was not just my last 5 visits (like it was for the cr1) and i was required to attach additional dates on a separate page if needed.

once you've begun the process, be sure you enter with documents supporting you have ties to Canada and plan on returning. there have been some nasties out there who have denied entry to the states and even brought and grilled in secondary. you don't want that. so get your ducks in a row. and never lie to a border patrol....that could seriously hurt you.

you've come to the right place for info.....read, read, read and ask, ask, ask

[Ms Hogan 295]

I never had any problems with the back and forth. We dated across the border for about 3 years before getting married and then in the time I wanted for the CR1 to complete I also traveled back and forth without any problems along the way.

Congratulations and good luck!

[kitsulli 1]

Thanks guys

[Udella&Wiz 325]

Can I just say how jealous I am of your close proximity? You are lucky to have found the love of your life so close to home! I'm sure it makes all the difference to know that you will be able to visit family easily and they'll be able to visit you.

[kitsulli 1]

I definitely am lucky! It eases her mind alot knowing that friends and family will easily still be in her life. We met on a dating site 4 years ago, the ONLY people who ever came up for me were Canadians since we are literally a walking distance away here in buffalo. I wonder things like if she isn't allowed to work here for a while would she be able to cross for a job there? There's so many different questions that we have due to our circumstances. I really don't want to get a lawyer so idk who to even ask about all these small things, I definitely don't want to push our luck or do anything wrong. Sometimes it makes me very sad how much work is going to have to be put into something just bc there's that border between us seperating our countries by walking distance. In the end it will all be worth it.

[Udella&Wiz 325]

Hey - ask us!

There are a few VJers who live in border towns and cross to work in Canada (one even works for Cdn border patrol folks)

But no - once she enters on the K1 and you marry, then she will not be going back to Canada until her AOS (adjustment of status) for her 2 yr GC is completed or temp permission called AP (advanced parole) to travel during the time she is waiting for her 2 yr GC. Once she has her GC, then she could cross the border daily to work in Canada from what we've read on VJ. But her permanent residence where she returns daily would of course be within the US.

AP isn;t intended for constantly crossing the border daily though (its more for emergency or short travel while waiting for the GC) , she'd probably have to wait until she has her 2 yr green card

I definitely am lucky! It eases her mind alot knowing that friends and family will easily still be in her life. We met on a dating site 4 years ago, the ONLY people who ever came up for me were Canadians since we are literally a walking distance away here in buffalo. I wonder things like if she isn't allowed to work here for a while would she be able to cross for a job there? There's so many different questions that we have due to our circumstances. I really don't want to get a lawyer so idk who to even ask about all these small things, I definitely don't want to push our luck or do anything wrong. Sometimes it makes me very sad how much work is going to have to be put into something just bc there's that border between us seperating our countries by walking distance. In the end it will all be worth it.

Edited May 27, 2015 by Udella&Wiz

[Udella&Wiz 325]

OP is a K1 so the freedom of the CR1 won't apply after entering the US initially

I never had any problems with the back and forth. We dated across the border for about 3 years before getting married and then in the time I wanted for the CR1 to complete I also traveled back and forth without any problems along the way.

Congratulations and good luck!

[kitsulli 1]

Ohhh I didn't know she wouldn't be allowed back over for 2 years or so. Good to know! It looks like her family and friends will just have to come here in the meantime! How long does it take before she can work here once she's over for the k1?

[kitsulli 1]

Also, as far as proving our relationship, there are no stamps on her passport bc they don't do so when crossing by car, and I have am enhanced license that allows me to do so. It has to be in their computers that we have crossed back and forth for years now but when it comes to sending that stuff in what should we do?!

[Udella&Wiz 325]

no, not 2 yrs - until she has her 2 yr GC from AOS OR....AP which allows you to travel prior to getting your 2yr GC.

During this process its K1->Get Married! >AOS > 2yr GC > Removal of Conditions(ROC) > 10 yr GC..........

During AOS you will apply (as part of AOS) for AP and EAD (Employment authorization).....either you get your AP/EAD first and the 2 yr GC shortly after or you just end up with the 2 yr GC.....it may be about 4-6 months before she can legally work in the US. AGAIN - check other people's timelines.

Check out the Guides at the top - really helpful to know which fees are coming up - AOS is a doozy ($1070-ish)

No idea what the wait times for AOS are right now - someone will pipe up - probably 6-8 months

Ohhh I didn't know she wouldn't be allowed back over for 2 years or so. Good to know! It looks like her family and friends will just have to come here in the meantime! How long does it take before she can work here once she's over for the k1?

Edited May 27, 2015 by Udella&Wiz

[kitsulli 1]

So all in all,for my specific situation a k1 is definitely the way to go over a cr1? The more I read around the site the more I see some say one is the better choice than the other and vice versa.