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Ana92

How should I process ????? I really need your help

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Hi,

I want to say thank you in advance of all people who will help.

I discovered this website few days ago, it is a treasure!!!

I am totally lost in this administrative jungle !

I do not know what to do, I do not sleep at night because i have so munch stress for this.

I will appreciate your advices and help.

My story (tried to make sort)

I am French citizen, I met my boyfriend end of 2008. He is American citizen.

I used live in Paris, I have living in Canada for almost 2 years with a work permit.

We was friend couple of years before starting your relationship. We had a break for a year.

Finally, he proposed me !! :joy:after a long time !!! as you know long distance relationship is not easy at all. then, I said YES !!!

Now, we are talking about wedding, papers etc.................

We are not on the same pages because i read stories on this website, lawyers websites etc... to get information.

I want to make sure i understand the process.

Problem is he said to me in reality it does not work like that !!!!!

He told me so many stories about people he knows who married with somebody who is not american. I have heard so stories on my side.

I read a lot of information on this website all the week end. and I understood most of the information.

I need advice, to follow the best issue for us, and come in US as soon as possible.

My questions are:

1. Which way would be easier and faster for us ??

- to get married in US (enter as a tourist) and apply in USA or get married in Canada and apply from Canada ????

I am asking because i know that a lot of people come in US as tourist, get married and the husband apply (one of my friend here canadian, she has a BF in US, she asked to the immigration officer (border), just to know) The officer said to her, you come then you marry WEIRD ANSWER ??????? How you can enter to US as tourist, say to the officer i am getting married then let her go ???????????

- I know that K1 visa takes like 6 to 8 months.

Do you think if i married him in Canada or US and apply for a K3 visa would be easier and faster ???? or should i go in US marry then and apply from there ???

I am so so confused

Thanks in advance for your precious help.

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Illegal to enter as a tourist with intent to stay.

K1's are a bit longer than you mentioned but shorter than a CR1 which is the married option.

K3 is effectively dead and best ignored.


“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.”

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If you enter on a tourist visa with the intent to get married and stay it will be fraud. You can enter and get married but you have to go back to Canada after


Noa 1 August 15th 2011
Noa 2 March 2nd


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My sons AOS and IV bill paid March 23rd (status in progress)
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Moved from IR-1/CR-1 Process & Procedures to What Visa Do I Need - Family Based Immigration forum.


Our journey:

Spoiler

September 2007: Met online via social networking site (MySpace); began exchanging messages.
March 26, 2009: We become a couple!
September 10, 2009: Arrived for first meeting in-person!
June 17, 2010: Arrived for second in-person meeting and start of travel together to other areas of China!
June 21, 2010: Engaged!!!
September 1, 2010: Switched course from K1 to CR-1
December 8, 2010: Wedding date set; it will be on February 18, 2011!
February 9, 2011: Depart for China
February 11, 2011: Registered for marriage in Wuhan, officially married!!!
February 18, 2011: Wedding ceremony in Shiyan!!!
April 22, 2011: Mailed I-130 to Chicago
April 28, 2011: Received NOA1 via text/email, file routed to CSC (priority date April 25th)
April 29, 2011: Updated
May 3, 2011: Received NOA1 hardcopy in mail
July 26, 2011: Received NOA2 via text/email!!!
July 30, 2011: Received NOA2 hardcopy in mail
August 8, 2011: NVC received file
September 1, 2011: NVC case number assigned
September 2, 2011: AOS invoice received, OPTIN email for EP sent
September 7, 2011: Paid AOS bill (payment portal showed PAID on September 9, 2011)
September 8, 2011: OPTIN email accepted, GZO number assigned
September 10, 2011: Emailed AOS package
September 12, 2011: IV bill invoiced
September 13, 2011: Paid IV bill (payment portal showed PAID on September 14, 2011)
September 14, 2011: Emailed IV package
October 3, 2011: Emailed checklist response (checklist generated due to typo on Form DS-230)
October 6, 2011: Case complete at NVC
November 10, 2011: Interview - APPROVED!!!
December 7, 2011: POE - Sea-Tac Airport

September 17, 2013: Mailed I-751 to CSC

September 23, 2013: Received NOA1 in mail (receipt date September 19th)

October 16, 2013: Biometrics Appointment

January 28, 2014: Production of new Green Card ordered

February 3, 2014: New Green Card received; done with USCIS until fall of 2023*

 

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What part of Canada are you in? In Ontario it can take 6-8 weeks after the marriage to get your marriage certificate. Meaning you cannot petition for a visa until almost 2 months after marriage.

Good luck


USCIS
August 12, 2008 - petition sent
August 16, 2008 - NOA-1
February 10, 2009 - NOA-2
178 DAYS FROM NOA-1


NVC
February 13, 2009 - NVC case number assigned
March 12, 2009 - Case Complete
25 DAY TRIP THROUGH NVC


Medical
May 4, 2009


Interview
May, 26, 2009


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Citizenship

April 29, 2013 - NOA1 for petition received

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Waited...

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Illegal to enter as a tourist with intent to stay.

K1's are a bit longer than you mentioned but shorter than a CR1 which is the married option.

K3 is effectively dead and best ignored.

Thank you very much for your help.

I really do not understand.

I know for sure some people come as tourist and get married then apply. and they got it ! weird !

How long it will take for CR1 ?

Thanks in advance

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What part of Canada are you in? In Ontario it can take 6-8 weeks after the marriage to get your marriage certificate. Meaning you cannot petition for a visa until almost 2 months after marriage.

Good luck

Thanks for your help.

I am in Montreal, Quebec.

Should i get married in Montreal or better in US ?

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Thank you very much for your help.

I really do not understand.

I know for sure some people come as tourist and get married then apply. and they got it ! weird !

How long it will take for CR1 ?

Thanks in advance

They probably entered without intending to stay.

CR1 about a year, always a bit of a guess.


“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.”

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They probably entered without intending to stay.

CR1 about a year, always a bit of a guess.

Thank you very much.

It was about 1 year for one of my boyfriend's friend who did it.

I do not understand, people who enter as tourist, get married and apply, intented to stay.

It does not make any sense.

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Simplistically there immigrant visas and no immigrant visas.

It depends on what you want to do.


“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.”

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entering the US with the VWP or a visitor visa with the intent to marry, stay and adjust status is visa fraud. If you were to choose this option(don't) and you were denied, you will have a lifetime ban from the US with no appeal.

Read the guides at the top of the page, it will explain more. The superior visa is the CR1. If you go that route you will enter the US and have an immediate green card and authorization to work, and it is by far less expensive than a k-1. A k-1 may be faster by a month or 2, but there is far more hassle and expense



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entering the US with the VWP or a visitor visa with the intent to marry, stay and adjust status is visa fraud. If you were to choose this option(don't) and you were denied, you will have a lifetime ban from the US with no appeal.

Read the guides at the top of the page, it will explain more. The superior visa is the CR1. If you go that route you will enter the US and have an immediate green card and authorization to work, and it is by far less expensive than a k-1. A k-1 may be faster by a month or 2, but there is far more hassle and expense

I agree 100% with you.

I do not want to put myself in trouble.

i am just trying to understand why some people do it and get it without trouble.

I am french, i do not need any visa for visiting.

You are right. I would get married in US, go back to Canada, apply from there and wait.

Thanks your help.

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To put it easiest as my fiance and I also went through every last piece of information available to us to decide, your best option is likely the K-1 or the Spousal Visa. Do not enter as a tourist as you are already engaged. People who enter as tourists, get married, and are able to stay have to prove with a LOT of evidence that they initially did not plan on getting married and it was a spur of the moment type of thing. This is a basic explanation. There are more in depth rules and regulations you can look up through the guides above, on the USCIS website, and on the Department of Homeland Security website. Do not believe the border officer, chances are they are looking for any reason to nail someone. Do it right and completely legal, don't take any shortcuts as it could inevitably keep you guys apart for a longer or more permanent time.

My fiance initially came over on a Visa Waiver from Australia after we were together for a few months. We did not get engaged until after spending real time together. He came back on a visitor visa and that is when we decided we wanted to plan a wedding. We did weeks worth of researching to make sure the K-1 was the way for us to go and we decided it was definitely best. You can visit him while your visa is processing with the Visa Waiver and such, but I will not lie, it can be stressful and very difficult. My fiance and I have been apart for nearly 7 months this time (Longest we have every been apart), however it is worth it to do it right and know you won't have to worry about deportation and such. Consider this time a time to really test the waters and make sure that you can make it through the hardest parts of your relationship. If it's worth it, no time apart is too much.

Just remember to do a lot of research for your best possible option and do not commit visa fraud as they will find a way to track it. Good luck with your journey and if you need more information directly from me about our research, feel free to private message.


This journey isn't easy...we went over many hurdles along the way... We are together now, 4 years going strong... It's never impossible, it is a matter of having the strength and love to conquer all things along the way! 

 

 

(K-1 Process)(I 601 Waiver Process)(AOS, EAD & AP)

June 13th 2015- Filed 1-129f

June 19th 2015- NOA1 Received!

July 21st 2015- NOA2 Received!

August 10th 2015- NVC Received!

August 17th 2015- Case # Received over phone!

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August 27th 2015- Packet 3 Received!

August 29th 2015- Police Fingerprinting Done!

September 1st 2015- Packet 4 Received!

September 15th 2015- Interview in Sydney!

September 18th 2015- Medical in Brisbane!

September 23rd 2015- Letter from Medical Received!

October 17th 2015- CEAC changed to refused 

October 17th - November 10th 2015- emails and phone calls placed to embassy to inquire on our case

November 12th 2015- Email from embassy confirming refusal with news that we qualify for a waiver!

November 18th 2015- Received package from embassy on our denial and waiver information

March 7th 2016- I-601 Waiver overnighted to lockbox

March 8th 2016- I-601 Waiver delivered to lockbox and received (According to Website)

March 12th 2016- I-601 Waiver received (Text and email message verifying)

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February 9th 2017- USCIS updated our case to approved! (February 8th was the date listed) 

February 12th 2017- Received updated instructions

February 13th 2017- Received official approval letter in the mail/ Booked medical in Brisbane. 

February 20th 2017- Medical in Brisbane

February 27th 2017- Picked up Medical Packet

February 28th 2017- Second interview and immediate approval! 

March 6th, 2017- K-1 Visa Issued

March 16th 2017- He arrives home : POE LAX 

May 27th 2017- We are finally married! 

June 13th 2017- AOS, EAD and AP go out in the mail

June 19th 2017- NOA 1 for AOS, EAD and AP 

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It's not allowed to enter the US under the VWP or a tourist visa with the intent to marry and stay. That said, obviously a lot of people do it with the excuse that they weren't planning on getting married when the spouse was over to visit for a month, it just happened.... I'll keep my opinion about that to myself. But that is how your fiance's friends were able to do that, they either told the CBP office that they were just coming to visit or that they were coming to marry and then travel back home. It's perfectly fine to enter the US under the VWP or a tourist visa with the intent to marry IF you are planning on returning home afterwards. Lots of people do that.

Options for you are either apply for a K-1 visa, which I hear takes about six months, then enter the US, marry and adjust or....

Enter as a tourist, get married, return to your home country and apply for CR-1 visa, which takes about a year.


Met online October 2010


Engaged December 31st 2011


heart.gifMarried May 14th 2013 heart.gif



USCIS Stage


September 8th 2014 - Filed I-130 with Nebraska Service Center


September 16th 2014 - NOA1 received


March 2nd 2015 - NOA2 received :dancing:



NVC Stage


March 28th 2015 - Choice of agent complete & AOS fee paid


April 17th 2015 - IV fee paid


May 1st 2015 - Sent in IV application


May 12th 2015 - Sent in AOS and IV documents


May 18th 2015 - Scan Date


June 18th 2015 - Checklist received


June 22nd 2015 - Checklist response sent to NVC


June 25th 2015 - Put for Supervisor Review


Sept 15th 2015 - Request help from Texas US Senator Cornyn and his team


Sept 23rd 2015 - Our case is moved from supervisor review to NVC's team for dealing with Senator requests


Nov 4th 2015 - CASE COMPLETE!!!! :dancing:



Embassy Stage


Dec 16th 2015 - Medical exam


Dec 21st 2015 - Interview


Dec 21st 2015 - 221(g) issued at interview for updated forms


Jan 13th 2016 - Mailed our reply to the 221(g) to the US Embassy, received and CEAC updated the next morning


Jan 20th 2016 - Embassy require more in-depth info on asset for i-864


Feb 1st 2016 - Sent more in-depth info on assets as requested. Received the next morning


Feb 16th 2016 - Visa has been issued :dancing: :dancing: :dancing: :dancing: :dancing:



In the US


April 5th 2016 - POE Newark. No questions asked.


April 14th 2016 - SSN received


May 10th 2016 - First day at my new job :dancing:


May 27th 2016 - Green Card received


June 7th 2016 - Got my Texas driver's license

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Thank you very much for your help.

I really do not understand.

I know for sure some people come as tourist and get married then apply. and they got it ! weird !

How long it will take for CR1 ?

Thanks in advance

I know of someone who did that too. I imagine they do it, enlist the assistance of an immigration lawyer and there you have it.

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