Immigrating from Canads

[Lemonslice 4,553]

3 minutes ago, Tunapiano said:

What if we marry in Canada and then she enters on a student visa, could we then apply for a CR1? 

 

Edit: she wouldn't need a student visa to come here and go to school. Special agreement we have with Canada but still would this scenario work?

No.  You cannot plan to circumvent the rules.  She can come and study, but she has to intend to leave and not adjust her status to become a permanent resident.  Misrepresenting yourself or your intention at the border is a big no no - a ban is worst than the wait (and I get that the wait and separation are not fun, most of us had to deal with it, we know...  we survived). 

[caliliving 606]

Canadiand do not need a visa to visit!!!!

however, they are being scrutinized HEAVILY!!! i can tell u of 10+ friends i know that were denied entry because of repeated visits and no ties back home!~

 

prior to 2000 you could enter without a swipe of the passport.. since 2013 the US and Canadian government decided to share information

- harper and obama became friends and information is SHARED

 

they know ever exit and entrance! so if you think your girlfriend/fiance and came and stay 6 months and leave a week and enter back and it will be ok - NO this wont happen!!!!

 

they will see her entry and stay for 6 months and try to enter a week later and quesiton! then they will search her phone, internet, computer and social media

 

i used to be able to come and go and no swipes of a passport and no problem - those days are over!!! i am being honest when i say many canadians are ignorant of those laws and think they can just go to mexico or leave the country for a week and come back and the visa resets -  no!

 

if she is coming here with a kid and herself and she is already in the country then get married now and do the greencard paperwork...

 

if she wants to leave then have her leave and do the CR1! 

 

i am telling you right now, if she leaves and tries to cross very shortly after they will go thru her phone, computer past records and see that she has been 'living' and spending more time in the USA and has no job tieing her to canada. 

[caliliving 606]

10 hours ago, geowrian said:

Whoops, you're right. It's not VWP (but it's darn close to the same thing :P)

Not the same thing.. canadians were never asked for passports until a few years ago and they were not swiped accurately until 2013! 

prior to that, canadians were entered D/S!! i can show u how many D/S stamps i have and how many times my passport has never been swiped (border crossings). only since 2013 have i actually had a B2 stamp, but nothing entered online on my electronic i94. 

[geowrian 22,335]

1 minute ago, caliliving said:

Not the same thing.. canadians were never asked for passports until a few years ago and they were not swiped accurately until 2013! 

prior to that, canadians were entered D/S!! i can show u how many D/S stamps i have and how many times my passport has never been swiped (border crossings). only since 2013 have i actually had a B2 stamp, but nothing entered online on my electronic i94. 

Right. But they are pretty similar programs now (at least in terms of how they impact travelers). There are some very key differences, but nothing impacting the OP. I was definitely mistaken when I said VWP before.

[caliliving 606]

13 minutes ago, geowrian said:

Right. But they are pretty similar programs now (at least in terms of how they impact travelers). There are some very key differences, but nothing impacting the OP. I was definitely mistaken when I said VWP before.

yes, you are correct.. in 2017 canadians are treated almost like a WVP person!

 

the OP cant have his girlfriend leave with a child a week later after being here for 6 months and come back and think she wont get questioned at the border.. that is my point.

 

just like i am sure many years ago a WVP person could come to the USA for <90 days and leave for a week and come back and not have questions.. in this day and age, you will get questioned.  i just think canadians are naieve to the whole 'visa' thing and think they can come and go as they please and 'live' in america!!!

going off my experience, i have so many friends/aqaintenaces say "i have a life in america and i cant believe i got denied entry"

people just dont understand you cant just pay rent, stay in america for 6 months and leave a few weeks a year and go back to canada and reenter.. like i said, after 2013 everything is shared between the borders and everything is tracked. whether you exit thru mexico or abroad they know when you came in and when you left.  

[NovaSprings 89]

5 hours ago, Lemonslice said:

No.  You cannot plan to circumvent the rules.  She can come and study, but she has to intend to leave and not adjust her status to become a permanent resident.  Misrepresenting yourself or your intention at the border is a big no no - a ban is worst than the wait (and I get that the wait and separation are not fun, most of us had to deal with it, we know...  we survived). 

I agree with Lemonslice.  Appearing to even try to circumvent the process will cause issues with your journey to be together, even more so today vs the past based on today's US political climate. Waiting is the hardest part of the whole process, but everyone has to do it.  I'm not saying don't visit each other, in fact, producing evidence of a bonafied marriage is critical to a CR1.  Evidence of visits, mingling of financial information, etc is key. Take the time that you wait to not only build your case, but to set up your new life together,  Research schools for her son, job opportunities for her (don't take a job until she has an approved visit) etc.    

 

I just passed my one year anniversary for entering and activating my CR1.  Waiting the 11 months to receive my approved visa was agony, but I can honestly say it is now a distant memory.  Being together and building a life together over the past year has well outweighed any time apart.  I truly believe being apart for so long, and having to work very hard to be together it has made our relationship stronger. 

[NikLR 13,220]

She has a child? The child would need a cr2 if you marry first before doing any processing.  

 

Have you considered the K1? You can send the petition off asap if you have met once in the last 2 years.  An I-129F takes about 4 months.  Then your fiancee will apply for a k1 for herself and a K2 for the child.  After they obtain the visas, they can enter the USA with intent to immigrate within 6 months of their medical exams.  You would have 90 days to marry upon entry.  After that you file the adjustment of status for your new wife and her child.  This way you dont live apart after marriage.  It takes about 90 days after the AOS for her EAD to be approved so that she can work. 

 

She will need a notarized letter from the child's father acknowledging that the child is moving. Sometimes just sole custody papers work, but only if the father hasnt been in the child's life at all.  

The k1 process is shorter abet more expensive and she can still visit.  It's unlikely, however, that 6 month visits would by approved by the CBP, especially with a child and no ties to Canada.  

 

Whenever I've crossed the border with my child without her father present, Ive brought a notarized letter of travel consent.  More often than not, it's been asked for in both directions.  Same with her father.  

 

[Tunapiano 9]

8 minutes ago, NikLR said:

She has a child? The child would need a cr2 if you marry first before doing any processing.  

 

Have you considered the K1? You can send the petition off asap if you have met once in the last 2 years.  An I-129F takes about 4 months.  Then your fiancee will apply for a k1 for herself and a K2 for the child.  After they obtain the visas, they can enter the USA with intent to immigrate within 6 months of their medical exams.  You would have 90 days to marry upon entry.  After that you file the adjustment of status for your new wife and her child.  This way you dont live apart after marriage.  It takes about 90 days after the AOS for her EAD to be approved so that she can work. 

 

She will need a notarized letter from the child's father acknowledging that the child is moving. Sometimes just sole custody papers work, but only if the father hasnt been in the child's life at all.  

The k1 process is shorter abet more expensive and she can still visit.  It's unlikely, however, that 6 month visits would by approved by the CBP, especially with a child and no ties to Canada.  

 

Whenever I've crossed the border with my child without her father present, Ive brought a notarized letter of travel consent.  More often than not, it's been asked for in both directions.  Same with her father.  

 

We have considered a k1 but they're still processing the applications from July and August of last year so we would be looking at next year before they'd get to it.

[NikLR 13,220]

1 minute ago, Tunapiano said:

We have considered a k1 but they're still processing the applications from July and August of last year so we would be looking at next year before they'd get to it.

It takes longer to get the CR1 than K1.  Only very rarely have I see CR1 take less time.  Of course there are disadvantages to each type but typically a K1 will get you living together the fastest. 

Processing times online havent been updated in 6 months.  Check the I-129F monthly threads to see more accurate processing times. 

[NikLR 13,220]

October filers have been approved and already married so the USCIS processing timeline is way off. 

[Tunapiano 9]

4 minutes ago, NikLR said:

October filers have been approved and already married so the USCIS processing timeline is way off. 

I will definitely have to look into this then. Thanks for the information guys. I don't know what a l-129F is but I will look into it. Nice to know the processing times aren't accurate.

Edited February 26, 2017 by Tunapiano

[NikLR 13,220]

I-129F starts the K1 process.  An I-130 starts the CR1 process. Read the guides and wikis so that you get an idea of the whole process.  Then you can break it down into the bits so its easier to work with. best of luck! Come back with any questions. 

[geowrian 22,335]

6 hours ago, Tunapiano said:

We have considered a k1 but they're still processing the applications from July and August of last year so we would be looking at next year before they'd get to it.

I would expect 6-8 months currently. I-129Fs from late November are being approved regularly, and the start of Dec. is being processed as well. There are some stragglers, unfortunately, from late Oct. and early November. So expect about 3 months for the I-129F, under 30 days currently for approval (NOA2) -> NVC  -> embassy, then scheduling of the interview and such is embassy specific. It can be anywhere from 1-4 months typically. A CR-1 is 10-12+ months currently.

 

Just keep in mind a K-1 has to do AOS after marriage, which isn't cheap. Also, your fiancee won't be able to work in or leave the US after entry for about 90 days after filing for AOS (assuming you file AP + EAD at the same time - no additional cost).

[Ryan H 3,790]

Hijack post removed.

[Tunapiano 9]

Has anyone here used rapidvisa or any other website to get their visa or did most everyone just do it on their own?