what if K1 doesn't come by wedding date?

[aeman1 0]

First of all...thank you for this message board! Talking to people at USCIS is like talking to a robot!

I am a US Citizen, my fiance is Canadian. We are apparently pretty late getting the ball rolling on this because we thought the immigration process was done AFTER the wedding.

We have a wedding date of 10/26/06 in the US and are just starting the K1 application process.

From what I understand there may be a very good chance that the K1 will not be granted before the wedding date.

My questions are as follows:

1) Does anyone know how long a Canadian citizen can visit the US without a tourist visa or workers visa?

2) Can my fiance and I get married during that time in the US and then start filling out the K3 Visa application?

3) Does anyone have any suggestions or ideas for us?

Thanks,

Allen

[KarenCee 3]

First of all...thank you for this message board! Talking to people at USCIS is like talking to a robot!

I am a US Citizen, my fiance is Canadian. We are apparently pretty late getting the ball rolling on this because we thought the immigration process was done AFTER the wedding.

We have a wedding date of 10/26/06 in the US and are just starting the K1 application process.

From what I understand there may be a very good chance that the K1 will not be granted before the wedding date.

My questions are as follows:

1) Does anyone know how long a Canadian citizen can visit the US without a tourist visa or workers visa?

A Canadian can visit up to 6 months (I think) but would be here on a B-2.

2) Can my fiance and I get married during that time in the US and then start filling out the K3 Visa application?

You can, but look at other timelines of Can/Am couples before you do that. It's possible the visa will be given by that time. Just a thought here...the K-3 takes longer from what I understand.

3) Does anyone have any suggestions or ideas for us?

Well...it's best not to plan a wedding when you are doing this type journey since one never knows how long it will really take. Is it possible to reschedule the wedding?

Thanks,

Allen

Edited May 2, 2006 by KarenCee

[Bstnguy 0]

First of all...thank you for this message board! Talking to people at USCIS is like talking to a robot!

I am a US Citizen, my fiance is Canadian. We are apparently pretty late getting the ball rolling on this because we thought the immigration process was done AFTER the wedding.

We have a wedding date of 10/26/06 in the US and are just starting the K1 application process.

From what I understand there may be a very good chance that the K1 will not be granted before the wedding date.

My questions are as follows:

1) Does anyone know how long a Canadian citizen can visit the US without a tourist visa or workers visa?

2) Can my fiance and I get married during that time in the US and then start filling out the K3 Visa application?

3) Does anyone have any suggestions or ideas for us?

Thanks,

Allen

If you are going through Vermont, you might have a small chance of getting the visa in time in you mail it in the next couple of days. Any of the other three service centers, and you have no chance.

Canadian citizens can visit for up to 6 months at a time, but they have to prove a strong connection to Canada to guarantee their return. My fiancee got hassled for anything much more than a week or so.

As far as coming down on an (implied) tourist visa with the intention of getting married, I'm not sure what the implications are for that, so I'll leave that part for some of the others.

[pnd629 0]

If you live on the east coast you may be able to get a K-1 visa in time for your wedding. The Vermont Service Center is super FAST!!! If you live in California--you have a really, really, long wait ahead of you.

If Canada is part of the VWP then a person can come to the U.S. for 90 days--but only as a visitor. If your fiance comes to the U.S. to get married, then she is not a visitor and you could have problems later.

If you fill in your timeline, people here will be able to advise you better because they will have more info. about your situation.

I hope everything works out for you.

[Fuzzness 2]

you'd have to change your wedding date i guess

no, a canadian, or anyone else, cannot come on a B2 and get married. if found out, they could be deported. a B2 is a tourist visa. getting married is not considered being a tourist.

I think you should have a floating date.

[Waiting in Vancouver 6]

I get the impression from people who are going through Montreal Consulate that there is a huge back log to get your interview date.

So if your fiancee lives on the east coast of Canada and going through the Montreal Consulate could increase your wait time.

[Cristy 4]

Don't set a wedding date in advance.

[gwenneh 7]

You can, in fact, have your fiance come down on a tourist visa to get married-as long as they GOES BACK after the wedding.

It is not illegal to be married on a tourist visa-this has long been a subject of hot debate on this site. It is illegal to come over on a tourist visa and marry with the intent to settle and adjust status from the US. There is a very fine line that you tread with this-it is certainly not recommended!-and it can cause problems. For starters, you will have to begin the process all over again with a K-3 at that point, and live apart from your spouse until that is finished. Second, your fiance may be denied entry at the border if they don't present enough evidence that they are going back at the end of their visit-and if you have a K-1 in process, the risk of that is higher-they KNOW your fiance has an intent to immigrate eventually, whether legally or no.

The consensus is to never set a wedding date before your visa is in hand. I think you would be best advised to change your wedding date to suit the visa-you're still far enough off that you can do that with a few phone calls to anyone you have reservations with!. That would give you the least amount of time apart. Getting married on a tourist visa would mean you'd have to remain apart for the time while the K-3 is being filed, and do you really want to start off your lives together with a big stretch of time apart? I think it would be less tragic to just switch your wedding date and call it a day, rather than risking the complications of marrying on the tourist visa and having to start from scratch with a K-3.

[mrswooten4ever 0]

I agree with Gwen666. Perhaps you should work on a provisional wedding date then make your booking when you know when the interview will be.

Good Luck

Adele

[silverbutterfly228 0]

I would go with the k1 instead of k3 and get the paper work going now. Move the wedding date back some, and if u go through this you really can't pick one until u have an interview date known. this process is really unpredictable for times. You have almost 6 months right now and you would be almost done the process if you start filling now. If you wait the 6 months and get married as planned than your time apart is going to be that much longer cause only than can you start the k3 process. Your Canadian fiance will have to return to Canada once the 6 month time is up if you plan on using that much. just don't over stay in the usa.

[Rocio 0]

You can, in fact, have your fiance come down on a tourist visa to get married-as long as they GOES BACK after the wedding.

It is not illegal to be married on a tourist visa-this has long been a subject of hot debate on this site. It is illegal to come over on a tourist visa and marry with the intent to settle and adjust status from the US. There is a very fine line that you tread with this-it is certainly not recommended!-and it can cause problems. For starters, you will have to begin the process all over again with a K-3 at that point, and live apart from your spouse until that is finished. Second, your fiance may be denied entry at the border if they don't present enough evidence that they are going back at the end of their visit-and if you have a K-1 in process, the risk of that is higher-they KNOW your fiance has an intent to immigrate eventually, whether legally or no.

The consensus is to never set a wedding date before your visa is in hand. I think you would be best advised to change your wedding date to suit the visa-you're still far enough off that you can do that with a few phone calls to anyone you have reservations with!. That would give you the least amount of time apart. Getting married on a tourist visa would mean you'd have to remain apart for the time while the K-3 is being filed, and do you really want to start off your lives together with a big stretch of time apart? I think it would be less tragic to just switch your wedding date and call it a day, rather than risking the complications of marrying on the tourist visa and having to start from scratch with a K-3.

[happyimmigrant 0]

I get the impression from people who are going through Montreal Consulate that there is a huge back log to get your interview date.

So if your fiancee lives on the east coast of Canada and going through the Montreal Consulate could increase your wait time.

Yes, Montreal is running at least a 3 month delay, and it seems to be increasing. If you want to get things moving, have them do the interview in Vancouver, and eat the cost of an airline ticket there.