About to mail K-1 package to CSC on Friday, last minute help!

[BlueEyedMonster 0]

Hi all!

I am SO glad to have found this forum. This process has been incredibly confusing, it seems as though there is so much contradictory information out there I don't know who / what to believe.

I am Canadian, my fiance is a US citizen. We have prepared our application, but I have some last minute 'panic' questions before I mail it off, and I'm hoping you guys can help.

Basic info:

We met online, talked every day for about 6 months until I visited for the first time Dec 31, 2005 and was intending to say for 2 weeks. We got here, fell head over heels for each other, and I extended my trip until the end of January. We very nearly got married at the end of Jan. We decided I would return to Canada, get some more clothing / personal effects, and return to spend another 5 months living with him to make sure we were doing the right thing. I went home to Canada for 3 days, and then flew back. On that return trip I got a arrival / departure record permitting me to be a visitor in the country until June 30, 2006 (Canadians can legally visit for 6 months at a time).

Possible Issues

1) He had been living in a shared house with 2 other people at that time, and there wasn't really enough room. Plus, the other roommates wanted the rent / bills split 4 ways instead of 3, which while reasonable, would have meant that combined we would be paying more than what it would cost to live on our own. Which is, well, stupid.

So, we ended up getting an apartment together starting at the beginning of Feb at an apt I'll refer to as 'Collins St'. The lease is actually in my name with him listed as an occupant because I have better credit than he does. For this reason, the cable / internet and hydro bills are also in my name. We're concerned this might be a problem ?. So, we want to include bills proving he is living here. He has hospital bills (from an accident that required stitches on Mar 17) that were addressed to this address. Or at least, were supposed to be and arrived here, but they were mistyped as being addressed to 'Gllins St'. (Problem?) We also have cell phone bills, showing that he added a cell phone in my name to his account, and that the bills were sent here. We also have our building manager listed as a reference, photos of our apt, us in it, etc.

2) While I have been living here (Collins St) since Feb 1, my apartment in Canada was still rented in my name until the end of March. (I had to give 2 months notice, which I gave at the end of Jan). I am just fresh out of college, so for all my Canadian bills / records, I switched my 'address' back to my parent's address because when I leave on June 30, that is where I will be going and waiting while the visa processes. So, here is the question: What address to I list as my 'present address' on all the forms???? I am not a 'legal resident' in the US, I am a legal visitor, right? I'm confused by this. I have a bank account here, a cell phone, a car registered, insurance, a credit card, apt lease etc. etc. etc.

3) Does anyone know if it is a problem that I am currently in the US?? There is no chance I'll overstay the visa, I don't want to do ANYTHING to jeopardize this.

4) Blog entries / Emails / Instant Messages: We were thinking about submitting print offs of blog entries that both of us have made on Myspace referencing each other, our relationship, etc. But some of the comments of our friends, and our own language, is in places 'inappropriate' or at least, not formal. Nothing over the top, just swear words here and there, joking references to our sex life, normal 'teasing' and joking around you'd expect (I suppose) from people our age. Is this more harm than good? THe same goes for emails, and instant message conversations. Is this overkill?

We are processing at California, since that is where we live.

Any other tips / suggestions before I send things off would be HIGHLY appreciated!

[woodgc 0]

why not just marry here and do an AOS here it only means you mostlikey cannot go back to canada intell it is finished.

IT IS LEGAL SINCE YOU DID NOT PLAN IT SO I WOULD SAY STAY MARRY HERE AND DO AN AOS WHY HAVCE ALL THE SEPERATION WHEN UNNESARY

[BlueEyedMonster 0]

why not just marry here and do an AOS here it only means you mostlikey cannot go back to canada intell it is finished.

IT IS LEGAL SINCE YOU DID NOT PLAN IT SO I WOULD SAY STAY MARRY HERE AND DO AN AOS WHY HAVCE ALL THE SEPERATION WHEN UNNESARY

Wow, are you serious that is possible? Can I ask how you know this? I mean, are there links to something we could read? I want to be SURE of this!

We were going to get married, we WANTED TO get married, but we were warned that it would take longer by a friend (possible this friend doesn't know what he's talking about)?

Anyone else know?

[nitedreamer 0]

I don't know too much about the K1 process, but here's what I am guessing:

I think it should not be an issue that the bills are in your name, as long as it's legal for Canadians to be here 6 months. I am sure a lot of visiting Canadians get apartments and have bills in their names for that time period.

I would think the lease and statement from the building manager would be enough proof that you are living together, and probably wouldn't worry about the hospital bill since the address is wrong.

For present address, I guess I would note that you are in CA until June 30th, at which point your address will be in Canada. You probably won't be getting a lot of mail from them until after June 30th, other than acknowledgement that they received your package.

I don't know if it's an issue that you are currently in the US, but I think it should be ok as long as you don't overstay. Although if anyone else says otherwise, they probably know better!

For my K1 application, I didn't include actual emails, but I sorted my inbox so all emails from Matt were together and printed off that list, showing that we were emailing each other a few times a day. That way, the personal stuff stays personal.

Hope this helps a little...

[aussiewench 9]

IMO you are ahead of the ball game when you have been living together. Just provide anything that prooves you were in the same place at the same time and omit anything that doesn't. eg the hospital bill even though came to the right address is not the address on the bill. The lease showing your name with him as the occupant is good evidence. Combined with passport entries, etc you are going to be just fine as far as your evidence of having met goes. Evidence of the relationship is not a requirement of the initial petition so be careful not to weigh the petition down with this evidence....leave the bulk of it for the interview where it is needed.

[aussiewench 9]

why not just marry here and do an AOS here it only means you mostlikey cannot go back to canada intell it is finished.

IT IS LEGAL SINCE YOU DID NOT PLAN IT SO I WOULD SAY STAY MARRY HERE AND DO AN AOS WHY HAVCE ALL THE SEPERATION WHEN UNNESARY

Wow, are you serious that is possible? Can I ask how you know this? I mean, are there links to something we could read? I want to be SURE of this!

We were going to get married, we WANTED TO get married, but we were warned that it would take longer by a friend (possible this friend doesn't know what he's talking about)?

Anyone else know?

As long as there was no intent to immigrate on entry and you were inspected and granted entry.....if you get married one can file for adjustment of status if otherwise eligible. The onus is on you to show that there was no intent if asked. I think in your case (but I may be off the mark) I would be somewhat careful as you have stated in your post that you do have a bank account here, a cell phone, a car registered, insurance, a credit card, apt lease etc. etc. etc. This in itself could raise a red flag that you did have immigration intent. Someone else may have more concrete advice in this regard as I am not familiar with what is allowable and not allowable as far as canadians in the US goes.

All the best to you

Lorelle

[BlueEyedMonster 0]

As long as there was no intent to immigrate on entry and you were inspected and granted entry.....if you get married one can file for adjustment of status if otherwise eligible. The onus is on you to show that there was no intent if asked. I think in your case (but I may be off the mark) I would be somewhat careful as you have stated in your post that you do have a bank account here, a cell phone, a car registered, insurance, a credit card, apt lease etc. etc. etc. This in itself could raise a red flag that you did have immigration intent. Someone else may have more concrete advice in this regard as I am not familiar with what is allowable and not allowable as far as canadians in the US goes.

All the best to you

Lorelle

Hum, okay, I didn't think about that.

In reality, the reason I got a bank account / credit card here is that my canadian account was charging me a $6 fee every time I used it in the US! As in, try to use a debit card at 7/11 to buy a coke and it cost you $7! The car was just another practical issue. There is no public transportation in LA. You drive, or you walk. THe car is OLD and was given to me by my fiance's brother.

Perhaps the fact that we've gone through the entire process and made plans for me to return to Canada while the K 1 was proving might help.

[aussiewench 9]

You can find a little more reading on it in the following link

http://uscis.gov/graphics/howdoi/LPReligibility.htm

If you decide to take this path...what you would need to do is explained in this thread

http://www.visajourney.com/forums2/index.php?showtopic=62644&hl=

[BlueEyedMonster 0]

I've been getting some seriously contradictory information about this.

I called an immigration lawyer who came up in a google search, and was told that I can NOT adjust status from a visitor to a spouse.

Then I called USCIS customer service line and was told that I could, and that this lawyer was full of crapola.

Has anyone done this RECENTLY? I'm here on a B2 visitor visa. I"ve been here since Feb 01, but was also here from Dec 31-Jan 28th. My I-94 says that I have to leave by June 30. THe immigration lawyer also told me that it's okay to overstay that date, because there are no penalties unless I don't do so by more than 179 days.

Thanks in advance. THis is so confusing I can't stand it.

[aussiewench 9]

There are plenty on this site including some in the link that I provided to you that have entered the US on visitors visa, VWP, J visas etc who married and adjusted status. It is not illegal to do so. It is only illegal and may create a problem if one entered the US with intent to immigrate.