Canadian Fiancee with daughter, K1/2 or K3/4 visa?

[meezo 0]

Ok, so I've got a few questions here and I'm hoping someone can help me out or point me in the direction to look.. I can't seem to find anything that helps me on USCIS, and the border and customs/immigration centers near me haven't been very helpful with info.

My fiancee is Canadian, and she has a 7 year old daughter. We have started the paperwork necessary for a K-1 visa, but haven't filed yet. Aside from listing her daughter's name on the I-129F is there anything else that would need to be submitted for her daughter to also enter the US? I read that we will have to apply for Adjustment of Status. Her family lives nearby and she would like to go and see them during this wait, would that be much of a problem?

To make the situation even more complicated I'm in the military and there is a possibility that I will be deploying to Iraq in September for 8 months, so would it really be better just to get married and apply for an I-130, followed by a K-3/4 visa just to be safe? Would I have to apply the I-130 for both my fiancee and her daughter at the same time?

Lastly, she lives in Manitoba and I have no idea which consulate she would need to go to for her interview. How do I find out?

Thoughts, suggestions, ideas, all welcome and I appreciate any help I might be lucky enough to get.

[Carlawarla 1]

Ok, so I've got a few questions here and I'm hoping someone can help me out or point me in the direction to look.. I can't seem to find anything that helps me on USCIS, and the border and customs/immigration centers near me haven't been very helpful with info.

My fiancee is Canadian, and she has a 7 year old daughter. We have started the paperwork necessary for a K-1 visa, but haven't filed yet. Aside from listing her daughter's name on the I-129F is there anything else that would need to be submitted for her daughter to also enter the US? I read that we will have to apply for Adjustment of Status. Her family lives nearby and she would like to go and see them during this wait, would that be much of a problem? At the interview at the Consulate, Vancouver, she'll have to produce a letter from the father of her child notorized, indicating he is allowing the daughter to immigrate. You apply for AOS after your fiance enters the US, and after you're married. At the same time as AOS, you apply for AP (Advanced Parole) and EAD (Employment Authorization). AP allows for the beneficiary to leave the country to visit her family, in this case Canada, until her adjustment of status is completed. AP can typically take up to 3-4 months to be processed. Until she has this document, she can't leave the country. Let me rephrase this, she technically could...however she wouldn't be allowed back into the US, without going through the whole immigration process again! You don't want to do that....

To make the situation even more complicated I'm in the military and there is a possibility that I will be deploying to Iraq in September for 8 months, so would it really be better just to get married and apply for an I-130, followed by a K-3/4 visa just to be safe? Would I have to apply the I-130 for both my fiancee and her daughter at the same time? If you're in the military and you've been given deployment orders you can ask that your file be given expedited process. You'd want to do this, as your deployment date is fast approaching!

Lastly, she lives in Manitoba and I have no idea which consulate she would need to go to for her interview. How do I find out? Anything west of and including Manitoba goes through Vancouver Consulate. They're typically faster, which is GOOD news. Thoughts, suggestions, ideas, all welcome and I appreciate any help I might be lucky enough to get. You need to look into the issues of bringing her daughter down to the US asap, and looking at how to expedite your visa first thing.

Don't forget to check out the Canada forum here on VJ!

Edited April 15, 2008 by Carlawarla

[payxibka 10,044]

Ok, so I've got a few questions here and I'm hoping someone can help me out or point me in the direction to look.. I can't seem to find anything that helps me on USCIS, and the border and customs/immigration centers near me haven't been very helpful with info.

My fiancee is Canadian, and she has a 7 year old daughter. We have started the paperwork necessary for a K-1 visa, but haven't filed yet. Aside from listing her daughter's name on the I-129F is there anything else that would need to be submitted for her daughter to also enter the US? I read that we will have to apply for Adjustment of Status. Her family lives nearby and she would like to go and see them during this wait, would that be much of a problem?

To make the situation even more complicated I'm in the military and there is a possibility that I will be deploying to Iraq in September for 8 months, so would it really be better just to get married and apply for an I-130, followed by a K-3/4 visa just to be safe? Would I have to apply the I-130 for both my fiancee and her daughter at the same time?

Lastly, she lives in Manitoba and I have no idea which consulate she would need to go to for her interview. How do I find out?

Thoughts, suggestions, ideas, all welcome and I appreciate any help I might be lucky enough to get.

On the I-129F the only requirement is to list the children

AOS will be required after marriage and re-entering the country without advance parole or greencard will be a HUGE problem.

If you apply for your spouse and stepdaughter then a separate I-130 is required for each

Only consulates that interview "K" visas are Vancouver and Montreal... All immigrant visas are Montreal.

[meezo 0]

Thanks much for the help!