Jump to content
Shekinah013

Need advice after being naive/dumb!

32 posts in this topic

Recommended Posts

New member, very chagrined to have only found out important info and this site after making some baaaad decisions. My daughter (US citizen; college student) and her Canadian boyfriend (fast food worker w/o college degree) are engaged to be engaged. :) He has visited several times, most recently from Nov-Jan. He had been planning a trip to visit next month and was going to stay the summer. They surprised us by saying that they want to go ahead and get married at the end of her fall semester (so December), and we all thought he could just stay while applying for the proper paperwork. I know NOW that that's wrong and was very naive! But it wouldn't have been as big a deal as the problem that we've created for ourselves because we didn't know better.

We started planning for the wedding. Made reservations for the venue, vendors, hotel reservations for guests, etc. WORSE, the groom's not-financially-well-off family made non-refundable reservations for their flight, hotel and rental car. I cringe to report that I'm the one that suggested the travel site that they used to do so, and I know for a fact they can't get out of that reservation nor can they afford to just "eat it."

Obviously we have to put in the K-1 app like NOW. He may or may not be able to come for a visit this summer (and obviously can't stay for a few months, without being perceived as a risk for not returning to Canada). And we're in NC, so I assume their application will have to go through the Texas service center. I've now read enough to figure out that that's bad.

My question is... how can we minimize the damage, if his K-1 hasn't been approved by December? Can we hold the wedding and just not file the paperwork, then they go to the magistrate here once the K-1 is approved and make it legal? I know (now!) that if they actually get legally married, the K-1 would be voided and we'd have to start over again, right?

I can't believe we've gotten ourselves into this mess!

Share this post


Link to post
Share on other sites

~Moved from K1 Process to What Visa Do I Need Forum~

~Inquiry about family visas~


Completed: K1/K2 (271 days) - AOS/EAD/AP (134 days) - ROC (279 days)

> Almost 2 years of our lives involved with the USCIS/DOS "shuffle" & worth every second of it ! <

"Si vis amari, ama" - Seneca

_______________________

:idea: Read more, post less.... Google can be your friend ! :idea:

Prior apologies if I can explain it to you, but I can't understand it for you.

Keep your timeline current: http://www.visajourney.com/timeline/

Share this post


Link to post
Share on other sites

Is he in the USA right now or no?

If not you can either try your hand at the K1 and hope for the best (but it's dangerous to have anything that looks like a wedding before being admitted on the K1.)

OR

They can continue with their wedding plans and file for the CR1 after marriage.


You have brains in your head. You have feet in your shoes. You can steer yourself any direction you choose.  - Dr. Seuss

 

Share this post


Link to post
Share on other sites

Is he in the USA right now or no?

If not you can either try your hand at the K1 and hope for the best (but it's dangerous to have anything that looks like a wedding before being admitted on the K1.)

OR

They can continue with their wedding plans and file for the CR1 after marriage.

No, he's still in Canada. He hadn't firmed up travel plans yet for the visit this summer and wanted to work as long as he could to save up money for ring, etc.

Wedding date was supposed to be 12/27. I know there's no way to know if the K-1 would be approved by then. Just trying to find any option to salvage the wedding plans (even if we have to make it a "wedding" instead of a real one) and his poor family's non-refundable reservations to attend it IF the visa doesn't come through by then.

Honestly a CR1 doesn't make sense to me. (Which is why I didn't post this here originally-- posted in the K-1 area-- but post was moved to this area by a moderator.) Getting married this summer is not an option and wouldn't help resolve the issue anyway. So why would they wait until December, only to get married and immediately separated for potentially even longer for processing of a CR1? Doesn't make sense to me, especially since the K-1 might come through before the planned date in Dec.

Am I missing something?

Share this post


Link to post
Share on other sites

The way the service centers are going right now it's probably a good chance it will be approved by December since her application will probably move straight to the California Service center.


Filed I-129f petition---------------- 01.07.2015

Hardcopy NOA1 rec.----------------01.23.2015

K1 Visa Received---------------------10.09.2015

Married--------------------------------- 12.12.2015

Filed AOS/EAD-------------------------02.02.2016

AOS/EAD NOA1 rec.------------------02.08.2016

EAD Approved--------------------------04.11.2016

:reading:You can read more about my immigration journey on my blog as well as get tips and information about the process.

Share this post


Link to post
Share on other sites

Why not? Because a CR1 is a better visa option and doesn't mean you HAVE to change your plans should something come up.

We purposely took that route, knowing we'd have to spend time apart, because of all the advantages a CR1 visa has over the K1. Faster to visa doesn't necessarily mean better.

If you start the paperwork there is a chance he could have the visa in time. Would he be interviewing in Montreal or Vancouver?


Sometimes K1 get through the petition fast, only to wait for 3-4 months for a date to open up to interview. It has happened.


You have brains in your head. You have feet in your shoes. You can steer yourself any direction you choose.  - Dr. Seuss

 

Share this post


Link to post
Share on other sites

Why not? Because a CR1 is a better visa option and doesn't mean you HAVE to change your plans should something come up.

We purposely took that route, knowing we'd have to spend time apart, because of all the advantages a CR1 visa has over the K1. Faster to visa doesn't necessarily mean better.

If you start the paperwork there is a chance he could have the visa in time. Would he be interviewing in Montreal or Vancouver?

Sometimes K1 get through the petition fast, only to wait for 3-4 months for a date to open up to interview. It has happened.

Better in what way?

He'll be interviewing in Vancouver.

Share this post


Link to post
Share on other sites

You get a green card right away. You can work right away. You can travel right away. It's cheaper, travel expenses not included.

But the downside is the only place they interview is Montreal. So... maybe for you guys that $1070 is better spent on the AOS and him waiting the 90 days to work, than on travel.


You have brains in your head. You have feet in your shoes. You can steer yourself any direction you choose.  - Dr. Seuss

 

Share this post


Link to post
Share on other sites

You get a green card right away. You can work right away. You can travel right away. It's cheaper, travel expenses not included.

But the downside is the only place they interview is Montreal. So... maybe for you guys that $1070 is better spent on the AOS and him waiting the 90 days to work, than on travel.

Brutal honesty here: our future son-in-law is currently a fast food worker, and my daughter is still in college. In other words we're going to be supporting them anyway. He's not going to miss out on that much of a salary by not working until everything comes through, nor is he going to be traveling. (She can't afford to take the time off from school, and we do have our limits of what we're willing to help with!)

So I think the $1070 is, for them and us, much better spent on the AOS and waiting the 90 days to work. :)

Share this post


Link to post
Share on other sites

Can't help but comment on this, my son's girl's dad, told her, you get married, you pay for your own college, her uncle also helping her, told her the same thing. So it was either this or waiting another two years, they elected to stick it out for these two years. Made them very responsible and self-sustaining.

And they did stick it out for those two years. Also get along very fine with my in-laws, we did help them with a down payment for a new home, but they paid that back. And gave us some very wonderful grandkids.

Share this post


Link to post
Share on other sites

New member, very chagrined to have only found out important info and this site after making some baaaad decisions. My daughter (US citizen; college student) and her Canadian boyfriend (fast food worker w/o college degree) are engaged to be engaged. :) He has visited several times, most recently from Nov-Jan. He had been planning a trip to visit next month and was going to stay the summer. They surprised us by saying that they want to go ahead and get married at the end of her fall semester (so December), and we all thought he could just stay while applying for the proper paperwork. I know NOW that that's wrong and was very naive! But it wouldn't have been as big a deal as the problem that we've created for ourselves because we didn't know better.

We started planning for the wedding. Made reservations for the venue, vendors, hotel reservations for guests, etc. WORSE, the groom's not-financially-well-off family made non-refundable reservations for their flight, hotel and rental car. I cringe to report that I'm the one that suggested the travel site that they used to do so, and I know for a fact they can't get out of that reservation nor can they afford to just "eat it."

Obviously we have to put in the K-1 app like NOW. He may or may not be able to come for a visit this summer (and obviously can't stay for a few months, without being perceived as a risk for not returning to Canada). And we're in NC, so I assume their application will have to go through the Texas service center. I've now read enough to figure out that that's bad.

My question is... how can we minimize the damage, if his K-1 hasn't been approved by December? Can we hold the wedding and just not file the paperwork, then they go to the magistrate here once the K-1 is approved and make it legal? I know (now!) that if they actually get legally married, the K-1 would be voided and we'd have to start over again, right?

I can't believe we've gotten ourselves into this mess!

If I was in your daughter's shoes after knowing that my future inlaws can not cancel their plans and you already made concrete plans for the wedding and things can not be refunded, I would NOT file the I-129F fiance petition, I would wait to be married in December and FILE the I-130 spouse petition because from now until the day of the wedding is only 8 months away and it is not enough time to get it done.

Since the petition will go to the Texas Service Center (TSC), the chances of getting approved at USCIS, then transferred to NVC, and then routed to the US embassy in Canada and get the visa approved in less than 8 months is being too optimistic. It may be too late if he doesn't get his visa by then, and if they get married she will have to file a new petition anyway and spend more money on fees again.

Another thing you may have not considered is any unforeseen delays like getting a Request for further Evidence (RFE) from USCIS if something is missing in the petition and that will delay the case even further and in most cases at least a month or two.

If money was not of an issue, I will say go ahead file the I-129f in hopes of getting it by December and worse case scenario refile again with the I-130 after marriage, but it seems that is not the case.

Even if they get married in December you know he can still visit his wife until his case is approved and gets a visa. He can travel back and forth to visit your daughter or her visiting him, but that is also costly as it is not as simple as crossing the border since your daughter lives in NC, unless she goes and visits him for longer periods in Canada since the wait can be roughly a year after the petition is file.

By the way, it would be a BAD IDEA if you hold the wedding as in many places in the world and in the US a ceremony (religious or not) can be seen as a wedding regardless if the paper work is file or not. Don't do that, it can get worse and they can get in more trouble they don't need.

I really wish you good luck and hope you can find a solution :-)

Edited by cocolucho

*The material presented is intended for general information only and does not constitute legal advice*

USCIS - IR1/CR1 Wife/IR2 Daughter - K3 Wife/K4 Daughter

12/03/2013 -- I-130s Sent, 12/06/2013 -- I-130s Received                                           12/13/2013 -- I-129F Sent, 12/16/2013 -- I-129F Received           

12/10/2013 -- I-130s NOA1 Hard copies received from VSC                                         12/20/2013 -- I-129F NOA1 Hard copy from VSC           

06/05/2014 -- I-130s Alien Registration Numbers Changed                                           02/12/2014 -- I-129F Transferred from VSC to TSC hard copy                                       

06/09/2014 -- I-130s RFE Emails, 06/12/2014 -- I-130s RFE Hard copies received       02/25/2014 -- I-129F Alien Registration Number Changed

06/16/2014 -- I-130s RFE Response received                                                              07/11/2014 -- I-129F NOA2 email (207 days)

09/25/2014 -- I-130 NOA2 Emails 290 days                                                                 07/16/2014 -- I-129F NOA2 Hard copy received and sent to NVC        

NVC - K3 Wife/K4 Daughter

07-29-2014 -- NVC received I129F                                                                           

07-31-2014 -- NVC case number assigned

08-01-2014 -- Left NVC in route to Embassy in Lima

Embassy - K3 Wife/K4 Daughter

08-07-2014 -- Embassy in Lima received case from NVC                                        

08-07-2014 -- Received email interview letter and packet IV

08-18-2014 -- Completed DS-160 online                                                                 

08-21-2014 -- Medical & Vaccination completed

09-03-2014 -- Interview (Approved)                                                                        

09-05-2014 -- Visa Issued (CEAC website)

09-10-2014 -- Visa in hand                                                                                      

09-18-2014 -- Dulles VA

USCIS - AOS Wife/Daughter

12/10/2014 -- I-485 Sent - including I-765                                                            

12/11/2014 -- I-485 Received

12/16/2014 -- I-485 and I-765 NOA Received email                                             

12/20/2014 -- I-485 and I-765 NOA Hard copies received

01/09/2015 -- I-485 and I-765 Biometrics appointment                                       

01/14/2015 -- I-485 Ready for interview

02/02/2015 -- I-485 Interview notification received                                             

02/14/2015 -- I-765 Approved - EAD card production email and text

02/24/2015 -- I-765 EAD card received                                                              

 03/12/2015 -- I-485 Interview Date (APPROVED)

03/17/2015 -- CR6/CR7 Welcome letters received                                               

03/21/2015 -- CR6/CR7 Green Cards received :dance:

USCIS - ROC Wife/Daughter

01/12/2017 -- I-751 Sent

01/17/2017 -- I-751 NOA Received for wife and daughter

02/23/2017 -- I-751 / CRI89 Biometrics Appointment for wife and daughter

12/26/2017 -- I-751 / CRI89 Approved for wife and daughter

Share this post


Link to post
Share on other sites

Hi, the above answer is a good idea - maybe go the spouse route.

That being said if you get everything right it might come through in time - I just got here from the UK.... My K-1 took 6 months. Filed start of July - approved December - that's with all the holidays in between!

Good Luck!

Share this post


Link to post
Share on other sites
 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
- Back to Top -


Important Disclaimer: Please read carefully the Visajourney.com Terms of Service. If you do not agree to the Terms of Service you should not access or view any page (including this page) on VisaJourney.com. Answers and comments provided on Visajourney.com Forums are general information, and are not intended to substitute for informed professional medical, psychiatric, psychological, tax, legal, investment, accounting, or other professional advice. Visajourney.com does not endorse, and expressly disclaims liability for any product, manufacturer, distributor, service or service provider mentioned or any opinion expressed in answers or comments. VisaJourney.com does not condone immigration fraud in any way, shape or manner. VisaJourney.com recommends that if any member or user knows directly of someone involved in fraudulent or illegal activity, that they report such activity directly to the Department of Homeland Security, Immigration and Customs Enforcement. You can contact ICE via email at Immigration.Reply@dhs.gov or you can telephone ICE at 1-866-347-2423. All reported threads/posts containing reference to immigration fraud or illegal activities will be removed from this board. If you feel that you have found inappropriate content, please let us know by contacting us here with a url link to that content. Thank you.
×