visit US, get married, then stay and file papers??

[princessdee 0]

HELP!

I live in Vancouver and my fiance lives in Montana. I have a daughter who was born in the US from a previous marriage to an american 15yrs ago. (I didn't become an american citizen during the years I was there)I want to move us to be with my fiance as soon as possible. We were thinking of putting my stuff in storage, going to 'visit' for a while in Montana, and marry while there. If we file paperwork from the US can they come and track us down and kick us out of the US once we are there even though my daughter is an american? Is it wiser to stay engaged and file the fiance visa instead?? It is very near the Canadian border so if necessary I could go to Saskatchewan for interviews, etc. Would it be wise to keep an address in Sask. and return for brief stays or would they deny re-entry to the US ???? Oh man, what to do???? How long can we 'visit' for legally? Is my daughter being american of any help to us? There is no town within 2 hours on the Sask. side or we would try living there and just commuting back and forth while the paperwork gets done! So basically, is it wiser to 'visit' and apply for a fiance visa or 'visit' and apply for a spouse visa? Can they force my american daughter to return to Canada?? Would they let me stay in the US with her in the US because she's a minor while the paperwork is done???? lol. Help answer any of this if you can, please!!!! Thank you!!!

[Usui Takumi 1,562]

The daughter makes zero difference for 6 years yet (whens she's 21). I'd try the k1 route if i were you.

[rebeccajo 14]

If your intent is to live in the US, you'd be much wiser to file for a visa. It's your choice as to whether or not that should be the K1 variety or K3/CR1. Read the guides here for a basic understanding of each.

I'm no Canada expert, but my understanding is you are allowed to enter the US as a visitor and remain for 6 months. There are Canadian citizens who have remained for that length of time in the US while their visas were being processed. It is required of course that you return to Canada for a medical exam and the actual visa interview.

More specific queries about your unique options as a Canadian can be asked in the Canadian forum.

[hheaven67 2]

HELP!

I live in Vancouver and my fiance lives in Montana. I have a daughter who was born in the US from a previous marriage to an american 15yrs ago. (I didn't become an american citizen during the years I was there)I want to move us to be with my fiance as soon as possible. We were thinking of putting my stuff in storage, going to 'visit' for a while in Montana, and marry while there. If we file paperwork from the US can they come and track us down and kick us out of the US once we are there even though my daughter is an american? Is it wiser to stay engaged and file the fiance visa instead?? It is very near the Canadian border so if necessary I could go to Saskatchewan for interviews, etc. Would it be wise to keep an address in Sask. and return for brief stays or would they deny re-entry to the US ???? Oh man, what to do???? How long can we 'visit' for legally? Is my daughter being american of any help to us? There is no town within 2 hours on the Sask. side or we would try living there and just commuting back and forth while the paperwork gets done! So basically, is it wiser to 'visit' and apply for a fiance visa or 'visit' and apply for a spouse visa? Can they force my american daughter to return to Canada?? Would they let me stay in the US with her in the US because she's a minor while the paperwork is done???? lol. Help answer any of this if you can, please!!!! Thank you!!!

HI Princess....it is not wise to "visit" while the process is going on...your best bet is to wait to get married (apply for a K1 visa for fiance) as there's talk of the K3 visa getting cancelled. If they ever discovered that you're actually living in the states illegally, you may never get approved for a permanent visa or for that matter, a visa of any type as they frown upon these tactics. We are all going thru the same thing here on Visa Journey...it is a long process & we all miss our loved ones deeply but it's what we all have to go thru to be legal and never have to face deportation or legal issues. Apply NOW for the K3, the longer you wait, the longer it will be before you can move. At the top of the site, there is a link to Guides, do as much reading as you possibly can...get educated on what you have to do ASAP! Every day that passes is wasted time to be with your love. When going the K3 Visa route, the consulate you'd be dealing with is in Vancouver, Montreal for easterners...there's no US Consulate in SK and no medical examiner here either, nearest place is Calgary. Good luck to you!

jen

Edited January 26, 2008 by hheaven67

[booger 0]

HELP!

I live in Vancouver and my fiance lives in Montana. I have a daughter who was born in the US from a previous marriage to an american 15yrs ago. (I didn't become an american citizen during the years I was there)I want to move us to be with my fiance as soon as possible. We were thinking of putting my stuff in storage, going to 'visit' for a while in Montana, and marry while there. If we file paperwork from the US can they come and track us down and kick us out of the US once we are there even though my daughter is an american? Is it wiser to stay engaged and file the fiance visa instead?? It is very near the Canadian border so if necessary I could go to Saskatchewan for interviews, etc. Would it be wise to keep an address in Sask. and return for brief stays or would they deny re-entry to the US ???? Oh man, what to do???? How long can we 'visit' for legally? Is my daughter being american of any help to us? There is no town within 2 hours on the Sask. side or we would try living there and just commuting back and forth while the paperwork gets done! So basically, is it wiser to 'visit' and apply for a fiance visa or 'visit' and apply for a spouse visa? Can they force my american daughter to return to Canada?? Would they let me stay in the US with her in the US because she's a minor while the paperwork is done???? lol. Help answer any of this if you can, please!!!! Thank you!!!

HI Princess....it is not wise to "visit" while the process is going on...your best bet is to wait to get married (apply for a K1 visa for fiance) as there's talk of the K3 visa getting cancelled. If they ever discovered that you're actually living in the states illegally, you may never get approved for a permanent visa or for that matter, a visa of any type as they frown upon these tactics. We are all going thru the same thing here on Visa Journey...it is a long process & we all miss our loved ones deeply but it's what we all have to go thru to be legal and never have to face deportation or legal issues. Apply NOW for the K3, the longer you wait, the longer it will be before you can move. At the top of the site, there is a link to Guides, do as much reading as you possibly can...get educated on what you have to do ASAP! Every day that passes is wasted time to be with your love. When going the K3 Visa route, the consulate you'd be dealing with is in Vancouver, Montreal for easterners...there's no US Consulate in SK and no medical examiner here either, nearest place is Calgary. Good luck to you!

jen

[Krikit 1,163]

Sorry I don't have time to be more wordy so here's some reading material for you:

1. Which Visa Do I Need?

2. Yes, You Can Visit

3. Talk to the good people in the Canada Forum.

• You can stay in the US for up to six months (180 days) without penalty. Overstays will get you a ban of 3 years, I believe. Someone else can confirm.
• As a resident of Vancouver your interview will be at the Vancouver Consulate.
• Never lie to the Customs & Border Protection (CBP) Officer, or any government body. It can get you a lifetime ban from the US.

All the best on your journey. Edited January 26, 2008 by Krikit

[rebeccajo 14]

HI Princess....it is not wise to "visit" while the process is going on...your best bet is to wait to get married (apply for a K1 visa for fiance) as there's talk of the K3 visa getting cancelled. If they ever discovered that you're actually living in the states illegally, you may never get approved for a permanent visa or for that matter, a visa of any type as they frown upon these tactics. We are all going thru the same thing here on Visa Journey...it is a long process & we all miss our loved ones deeply but it's what we all have to go thru to be legal and never have to face deportation or legal issues. Apply NOW for the K3, the longer you wait, the longer it will be before you can move. At the top of the site, there is a link to Guides, do as much reading as you possibly can...get educated on what you have to do ASAP! Every day that passes is wasted time to be with your love. When going the K3 Visa route, the consulate you'd be dealing with is in Vancouver, Montreal for easterners...there's no US Consulate in SK and no medical examiner here either, nearest place is Calgary. Good luck to you!

jen

I'm sorry, but the italicized part of your post is just not correct.

People visit all the time while their petitions are in progress. As long as you don't overstay your visitors visa, the VWP, or whatever that special Canadian thingy is ( ) then you'll be fine.

My husband (then fiance) was in the US when we FILED his petition. He was here when it was approved. His brother sent P3 to us while he was still here in the States with me, we filled it out and returned it to London from here. He returned home shortly after that, and the rest of his visa process played out while we were separated.

The US government isn't going to 'punish' people by rejecting a visa petition because the beneficiary has been allowed into the US by the border patrol. Not as long as you exit when you should.

Edited January 26, 2008 by rebeccajo

[LadyNoles 0]

I DO AGREE WITH rebeccajo......

YOU CAN VISIT WHILE YOU ARE IN PROCESS OF YOUR VISA K-1....OR EVEN STAY UP TO 6 MONTHS IN US AS LONG AS YOU STILL HAVE THE INTENTION TO RETURN IN CANADA IN TIME...ANYWAY YOU GONNA HAVE TO RETURN FOR INTERVIEW SO THERE IS NO DOUBT ABOUT THE FACT THAT YOU HAVE TO RETURN..HOWEVER IT ALWAYS DEPENDS ON THE CBP OFFICER IF THEY LET YOU THROUGH OR NOT...

I AM IN K-1 PROCESS AND I'M STILL ABLE TO VISIT MY FIANCE.......

YOU COULD ALWAYS GO IN US AS A VISITOR AND GET MARRIED LATER...HOWEVER YOU HAVE TO PROOVE YOU NEVER INTENT TO MARRY HIM AS YOU PASS THE BORDERS (WHICH WOULD BE A LIE AND HARD TO PROOVE)

SO I DO DEFINITELY RECOMMEND YOU THE K-1..

BEST OF LUCK !!!!

[minnietheminx 0]

Yep. You CAN visit during the process. I too was in the States when we filed the paperwork in September, and I have just got back from a visit over christmas. If you are planning on visiting, you just need to make sure you have plenty of proof on you showing that you intend to return to Canada after your visit.

I was literally armed up to the eyeballs with evidence when I visited last month (letter from employer, rent/lease agreement, my car payment contract etc). However I didnt get asked for anything- the immigration officer at POE just asked me when my last visit was, grunted something, then let me through. Still, it was better that I had everything on me, as you just have to be prepared 'just in case'.