Jump to content
kitsulli

6 month visit then apply for fiance visa? help!

20 posts in this topic

Recommended Posts

Hi! I am currently in buffalo ny, my girlfriend of a year and a half lives in hamilton, on (same sex relationship) we have known each other for almost 4 years and there is plenty of record of our relationship and visits (we alternate every other week coming for 2 days, we are only 45 minutes apart). My question is, we are planning on applying for the k1 in the near future, is she allowed to do her maximum 6 month stay (or a little less to allow her to still be able to visit during the process), return, then begin the application? Just to test the waters, make sure she likes it here etc. Please help! I've had so many concerns and questions since the begining of our relationship and am just now finally reaching out for answers from people who actually know and/or have been through the process themselves instead of reading a million different answers to everything online or asking advice from people with no clue! I would like to properly educate myself so I can stop the anxiety of wondering! Any info/tips on any part of the process will be appreciated, thank you so much in advance!

Share this post


Link to post
Share on other sites

Hi! I am currently in buffalo ny, my girlfriend of a year and a half lives in hamilton, on (same sex relationship) we have known each other for almost 4 years and there is plenty of record of our relationship and visits (we alternate every other week coming for 2 days, we are only 45 minutes apart). My question is, we are planning on applying for the k1 in the near future, is she allowed to do her maximum 6 month stay (or a little less to allow her to still be able to visit during the process), return, then begin the application? Just to test the waters, make sure she likes it here etc. Please help! I've had so many concerns and questions since the begining of our relationship and am just now finally reaching out for answers from people who actually know and/or have been through the process themselves instead of reading a million different answers to everything online or asking advice from people with no clue! I would like to properly educate myself so I can stop the anxiety of wondering! Any info/tips on any part of the process will be appreciated, thank you so much in advance!

Unfortunately, she cannot stay 6 months on ESTA without a visitor visa, which she most likely would get denied anyway since she's from Canada. She can only stay for a maximum of 3 months while on the waiver program. Yes, she can stay and you can apply after or you can apply while she is with you. That will lessen the hassle of having to mail her forms to sign.

Share this post


Link to post
Share on other sites

You can do that for sure, but I'd probably just go ahead and file. You can file while she's visiting. Then when the 6 months are up she goes back home and finishes the process. If it moves quicker, she will have to leave before the 6 months are up to finish the process. Service centers are hard to predict right now since there have been some changes in that area recently. It's near impossible to predict what they will look like in 6 months when you want to file. For that reason, I'd lean towards filing the petition sooner than later. The wait could be really long or really short. There are ways at the embassy to slow the process down if you both decide she wants to visit a little longer.

There's really no reason to have anxiety. If you follow the guides above and include everything that the guides suggest, you'll be fine. Once you file the petition, start reading the Canada regional forum for information specific to the embassies there. Different embassies do things their own way so it's important to know how the embassy stuff (DS160, medical, and interview) is handled where your fiancee is from. It really doesn't do much good to know how it works for another country.

Share this post


Link to post
Share on other sites

Unfortunately, she cannot stay 6 months on ESTA without a visitor visa, which she most likely would get denied anyway since she's from Canada. She can only stay for a maximum of 3 months while on the waiver program. Yes, she can stay and you can apply after or you can apply while she is with you. That will lessen the hassle of having to mail her forms to sign.

Canadians are allowed to visit the US for up to six months without a visitor visa. They are our special friends.

Share this post


Link to post
Share on other sites

Thank you so much for your quick responses! This is all good to know and we will definitely begin the process sooner than later. I am trying my best to not have anxiety and assume the worst, I'm trying to stay positive and believe that as long as our relationship is genuine and we go about everything the right way I should have no reason to worry. It really sucks when you are less than an hour away from your partner yet in another country! Luckily I have not once gotten hassled or drilled about how much we visit or questioned about our relationship (which we are very open about at the border).

Aaron2020 that's what I have heard from certain people! I was hoping if we started the process right when she begins her 6 month stay that by the time she has to return there won't be much longer left in the process.

Share this post


Link to post
Share on other sites

Also, would she be allowed to return here and there to visit friends and family while she's on her 6 month stay here? Will they give her more of a hassle if she does a month or two then returns for a day or so then comes back?

Then it would not be one visit, each visit starts with an entry.

She should take evidence of her ties to Canade to be shown if asked, such things as where she lives, job etc,


“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

Share this post


Link to post
Share on other sites

Yes, I know it wouldn't be considered one visit. I guess the question in that case would just be would they give her issues for staying for periods of time then returning home for a day or two to visit family and friends then coming back as long as the total days in the US didn't exceed the allowed 6 months during the process I guess. If visits are allowed does it matter how long as long as its under that amount of time?

Share this post


Link to post
Share on other sites

I guess I should also ask, what does one say when they are visiting for a longer amount of time when crossing? When they ask how long are you staying if you say a few months what will they even say even tho you are legally allowed to do so?

Share this post


Link to post
Share on other sites

There is no set time you are allowed to enter for, it is at the discretion of the Immigration Officer.


“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

Share this post


Link to post
Share on other sites

~~Moved to Tourist Visas, from K1 P&P - as the OP is looking more into Visiting then the K1 process atm.~~


Spoiler

Met Playing Everquest in 2005
Engaged 9-15-2006
K-1 & 4 K-2'S
Filed 05-09-07
Interview 03-12-08
Visa received 04-21-08
Entry 05-06-08
Married 06-21-08
AOS X5
Filed 07-08-08
Cards Received01-22-09
Roc X5
Filed 10-17-10
Cards Received02-22-11
Citizenship
Filed 10-17-11
Interview 01-12-12
Oath 06-29-12

Citizenship for older 2 boys

Filed 03/08/2014

NOA/fee waiver 03/19/2014

Biometrics 04/15/14

Interview 05/29/14

In line for Oath 06/20/14

Oath 09/19/2014 We are all done! All USC no more USCIS

 

Share this post


Link to post
Share on other sites

My husband came to visit me in the states before we got married. The first time for 1 month. The officer was very nice and gave him no trouble, but told him to expect a very hard time getting in the next visit.

Next visit was for 4 months. Still an easy entry, not really any fuss.

We made the mistake however of crossing the border to visit some of his family in Niagara Falls. We thought the same as you, that since he had been allowed a "4 month stay" that he would be allowed back in the US with no problem. Our mistake.

Crossing back after being gone 5 days, the officer thought he was living in the US and we truly believed he was about to be denied entry. He gave him an extremely hard time but eventually let him back through to finish the duration of his stay.

I would strongly recommend bringing as many ties to Canada as possible. We were extremely lucky and looking back on it after being on VJ, I don't even know how he was allowed back in the third time. I don't mean to scare you or anything because it absolutely can be done, just be smarter than we were. ;)


 

~12-25-2006: met online (a blog site)
05-01-2013: FINALLY MET IN PERSON! in Canada
05-04-2013: finally became a couple
06-14-2014: got engaged
08-08-2014: got married in Canada
09-18-2014: sent I-130 via UPS, 142 pages in total
09-19-2014: I-130 arrived and signed for
09-24-2014: NOA1 text & hard copy received same day, Vermont Service Center
11-20-2014: NOA2 (I-130 approval!) hard copy received, 57 days from NOA1


12-08-2014: NVC received case
01-14-2015: case number and IIN number received via email
01-14-2015: DS-261 submitted
01-14-2015: AOS fee paid
01-22-2015: IV fee paid
01-24-2015: DS-260 submitted
01-25-2015: AOS and IV documents submitted electronically
02-18-2015: petitioner's proof of US domicile submitted electronically
02-25-2015: email confirmation received (31 days after sending!), scan date of 01-26-2015 <--60 day wait starts
03-24-2015: email confirmation received (34 days after sending!), scan date of 02-18-2015 <--60 day wait starts (a 2nd time)
03-31-2015: case completed at NVC! 2/18 documents got reviewed with the 1/26 ones, 64 days from original scan date

 

04-07-2015: case complete email received
04-22-2015: interview date email received
05-13-2015: medical in Montreal

05-19-2015: picked up medical results
05-20-2015: interview in Montreal --- APPROVED!, 238 days from NOA1

05-25-2015: passport/visa received!

05-30-2015: POE, Calais/St Stephen land crossing, 248 days from NOA1

06-03-2015: paid ELIS fee

06-10-2015: SSN received

07-02-2015: green card received!


03-13-2017: sent I-751 via USPS to Vermont Service Center, 156 pages in total 
03-14-2017: I-751 arrived and signed for

03-23-2017: NOA1 received, dated 03-16-2017

04-07-2017: biometrics appointment letter received 
04-18-2017: biometrics appointment 

02-05-2018: I-751 approval received!, dated 02-01-2018

Share this post


Link to post
Share on other sites

What was he saying his reason for such a long visit was for? When we have been talking about her visiting extended lengths of time we always wondered what exactly she would say, just that she was gonna stay for a while to see me? And if we do go back over we just say she was staying a few months and is returning to spend a few more?

Also,would saying we have a pending k1 work against her easily getting in for a few month stay? I know you are allowed to visit while it's pending but do they see doing extended stays during it bad?

Sorry for all the questions, I am probably asking the same questions a million times in different ways haha, I just have so many details in mind.

We definitely won't push our luck with crossing too much! I just know it'll happen a few times and it's been a big thing on my mind of things I'm worried about. That's where living so close is actually harder I suppose, bc it's so easy to go back and forth.

Share this post


Link to post
Share on other sites

If anything having a K1 in process might help because it shows you're doing it the legal way. Some people take their NOA1 (receipt from USCIS saying they have your petition) with them when crossing.

Normally the officer asks 'why are you visiting the states' and the answer would probably the same as what she tells them now, to visit you. :) So when they asked him that he said to visit his girlfriend and her family, they asked for how long and he said 4 months. No problem.

Since you guys live so close, if she happened to get denied at the border, while that would not be fun of course it also might not be too bad because she could try again later.


 

~12-25-2006: met online (a blog site)
05-01-2013: FINALLY MET IN PERSON! in Canada
05-04-2013: finally became a couple
06-14-2014: got engaged
08-08-2014: got married in Canada
09-18-2014: sent I-130 via UPS, 142 pages in total
09-19-2014: I-130 arrived and signed for
09-24-2014: NOA1 text & hard copy received same day, Vermont Service Center
11-20-2014: NOA2 (I-130 approval!) hard copy received, 57 days from NOA1


12-08-2014: NVC received case
01-14-2015: case number and IIN number received via email
01-14-2015: DS-261 submitted
01-14-2015: AOS fee paid
01-22-2015: IV fee paid
01-24-2015: DS-260 submitted
01-25-2015: AOS and IV documents submitted electronically
02-18-2015: petitioner's proof of US domicile submitted electronically
02-25-2015: email confirmation received (31 days after sending!), scan date of 01-26-2015 <--60 day wait starts
03-24-2015: email confirmation received (34 days after sending!), scan date of 02-18-2015 <--60 day wait starts (a 2nd time)
03-31-2015: case completed at NVC! 2/18 documents got reviewed with the 1/26 ones, 64 days from original scan date

 

04-07-2015: case complete email received
04-22-2015: interview date email received
05-13-2015: medical in Montreal

05-19-2015: picked up medical results
05-20-2015: interview in Montreal --- APPROVED!, 238 days from NOA1

05-25-2015: passport/visa received!

05-30-2015: POE, Calais/St Stephen land crossing, 248 days from NOA1

06-03-2015: paid ELIS fee

06-10-2015: SSN received

07-02-2015: green card received!


03-13-2017: sent I-751 via USPS to Vermont Service Center, 156 pages in total 
03-14-2017: I-751 arrived and signed for

03-23-2017: NOA1 received, dated 03-16-2017

04-07-2017: biometrics appointment letter received 
04-18-2017: biometrics appointment 

02-05-2018: I-751 approval received!, dated 02-01-2018

Share this post


Link to post
Share on other sites

You're right, as long as we do things the right way and we are honest there's no reason to be so worried. And it definitely is a plus that if she gets denied there's always another officer on another day who will be in a better mood haha. And there wasn't much travel or money put into the try. Thank you, you have been so so helpful!

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.
×