Jump to content
Sign in to follow this  
scarred

Canadian applying for K3 while in the states

15 posts in this topic

Recommended Posts

Hello, everyone. It'd be greatly appreciated if someone could answer a few questions for me. Thank You.

My fiance is a us citizen and I am Canadian. Is it possible for us to get married in the states and apply for a K3 visa while i'm there on my 6 month visiting visa? And if the process is not completed by the end of the 6 months then I will return to Canda and wait there for the remainder of the time.

Share this post


Link to post
Share on other sites

Yes you can, but you have to make sure to leave at the end of your allowed 6 months. That's what I did a few years ago. I ended up back home for another 7 months.


divorced - April 2010 moved back to Ontario May 2010 and surrendered green card

PLEASE DO NOT PRIVATE MESSAGE ME OR EMAIL ME. I HAVE NO IDEA ABOUT CURRENT US IMMIGRATION PROCEDURES!!!!!

Share this post


Link to post
Share on other sites
Yes you can, but you have to make sure to leave at the end of your allowed 6 months. That's what I did a few years ago. I ended up back home for another 7 months.

Thanks for answering my question! I was always under the impression that it took 6-9 months max to get a K3 visa. Is there any reason why yours took so long? Or is that normal?

Share this post


Link to post
Share on other sites
Yes you can, but you have to make sure to leave at the end of your allowed 6 months. That's what I did a few years ago. I ended up back home for another 7 months.

Thanks for answering my question! I was always under the impression that it took 6-9 months max to get a K3 visa. Is there any reason why yours took so long? Or is that normal?

While there are far too many of our community that have been waiting nearly a year or more for K-3 and/or CR-1 petitions,

We are currently (and unfairly) we're seeing new (as in July and August filings) K-3 and CR-1 petitions being approved in as little as 21 days.

The NVC process is going rather quickly as well, with most VJ applicants being issued visas in less than 6 weeks.

Now is a good time for you to have a look at the Guides (linked in the tabs at the top of this page) and to browse the forums.

Note that a K-3 or CR-1 will require a return to Canada for the final interview and visa issuance. However, there may also be an option of doing an Adjustment of Status

from your tourist visa to a CR-1. That said, the AOS may take longer than going the K-3/CR-1 route, and the AOS could be riskier.

Anytime you attempt an AOS from a tourist visa, you risk being accused of fraud. That is, it's fraudulent to enter the US on a non-immigrant

visa, with the intent to immigrate. The burden of proving that there was no fraudulent intent is on the applicant, and the risk is being banned

from the USA.

Good luck on your journey.


LingChe NVC Guide

Using this guide may allow you to fly through NVC in as little as 11 days.

visajourney.com/wiki/index.php/LingChe_NVC_ShortCut

--------------------

Our Visa Journey

2006-11-01: Met online through common interest in music - NOT Dating Service

2007-01-28: Met in person in Paris

2007-10-02: Married in Tokyo

2008-07-05: I-130 Sent

2008-08-13: NOA2 I-130

2008-10-02: Case Complete at NVC

2008-11-04: Interview - CR-1 Visa APPROVED

2008-12-11: POE - Chicago

2009-01-12: GC and Welcome Letter

2010-09-01: Preparing I-751 Removal of Conditions

2011-03-22: Card Production Ordered

2011-03-30 10 Year Card Received DONE FOR 10 YEARS

Standard Disclaimer (may not be valid in Iowa or Kentucky, please check your local laws): Any information given should not be considered legal advice,

and is based on personal experience or personal knowledge. Sometimes there might not be any information at all in my posts. Sometimes it might just

be humor or chit-chat, or nonsense. Deal with it. If you can read this...you're too close. Step away from the LingLing

YES WE DID!

And it appears to have made very little difference.

.png

Share this post


Link to post
Share on other sites
Hello, everyone. It'd be greatly appreciated if someone could answer a few questions for me. Thank You.

My fiance is a us citizen and I am Canadian. Is it possible for us to get married in the states and apply for a K3 visa while i'm there on my 6 month visiting visa? And if the process is not completed by the end of the 6 months then I will return to Canda and wait there for the remainder of the time.

Your USC spouse can file a petition regardless of whether you are presently visiting the US. However, you may not apply for a K3 visa from the US. The two are not the same thing. You may visit the US for as long a stay as you are granted. You'll need to be back in Candada to receive the P3 and "apply for the K3 visa" at Vancouver or Montreal, as applicable.


Facts are cheap...knowing how to use them is precious...
Understanding the big picture is priceless. Anonymous

Google Who is Pushbrk?

A Warning to Green Card Holders About Voting

http://www.visajourney.com/forums/topic/606646-a-warning-to-green-card-holders-about-voting/

Share this post


Link to post
Share on other sites

Hi Scarred,

It's not illegal that you came to the US and get married while you were down here for a visit from Canada. As long as you came here WITHOUT the intention to get married in the first place on your visit and not do this as to avoid and/or break immigration laws, then it's fine and legal to do.

I was in a similar situation before too, as I came over to visit my boyfriend (now husband), on a tourist visa from Canada, and then ended up getting married here in the USA. And yes, I did get approved and got my green card afterwards. For more information on my sitation, see my VJ timeline (the link can be found on my signature).

The next steps for you are:

1) DO NOT LEAVE THE USA AND DO NOT RETURN TO CANADA until your case has been fully approved, otherwise your case will be abandonded and you will run into the risk of never being able to come back to the ever USA again.

2) File the following paperwork. It's not the K3 Visa, instead it is an Adjustment of Status from a Visitor's Visa, which you then file: I-130 (Petiton for Family Member), I-485 (Adjustment of Status/AOS), I-864 (Affidavit of Support), I-765 and I-131 (Employment Authorization and Advanced Parole, both are optional), and the I-693 (or was it some other number, I can't remember exactly) medical forms.

3) Hire a good immigration lawyer, if you run into any more problems, and/or if you are totally unsure about your situation.

Hope this helps. Good luck with your immigration journey.

Ant (Visited, Married, Immigrated, Living Happily Ever After In The USA...)

Hello, everyone. It'd be greatly appreciated if someone could answer a few questions for me. Thank You.

My fiance is a us citizen and I am Canadian. Is it possible for us to get married in the states and apply for a K3 visa while i'm there on my 6 month visiting visa? And if the process is not completed by the end of the 6 months then I will return to Canda and wait there for the remainder of the time.

Edited by AntandD

**Ant's 1432.gif1502.gif "Once Upon An American Immigration Journey" Condensed Timeline...**

2000 (72+ Months) "Loved": Long-Distance Dating Relationship. D Visited Ant in Canada.

2006 (<1 Month) "Visited": Ant Visited D in America. B-2 Visa Port of Entry Interrogation.

2006 (<1 Month) "Married": Wedding Elopement. Husband & Wife, D and Ant !! Together Forever!

2006 ( 3 Months I-485 Wait) "Adjusted": 2-Years Green Card.

2007 ( 2 Months) "Numbered": SSN Card.

2007 (<1 Months) "Licensed": NYS 4-Years Driver's License.

2009 (10 Months I-751 Wait) "Removed": 10-Years 5-Months Green Card.

2009 ( 9 Months Baby Wait) "Expected": Baby. It's a Boy, Baby A !!! We Are Family, Ant+D+BabyA !

2009 ( 4 Months) "Moved": New House Constructed and Moved Into.

2009 ( 2 Months N-400 Wait) "Naturalized": US Citizenship, Certificate of Naturalization. Goodbye USCIS!!!!

***Ant is a Naturalized American Citizen!!***: November 23, 2009 (Private Oath Ceremony: USCIS Office, Buffalo, NY, USA)

2009 (<1 Month) "Secured": US Citizen SSN Card.

2009 (<1 Month) "Enhanced": US Citizen NYS 8-Years Enhanced Driver's License. (in lieu of a US Passport)

2010 ( 1 Month) "Voted": US Citizen NYS Voter's Registration Card.

***~~~"The End...And the Americans, Ant+D+BabyA, lived 'Happily Ever After'!"...~~~***

Share this post


Link to post
Share on other sites

For the zillionteenth time, there is no issue with "intending to marry". The issue is ingtending to marry and immigrate based on that marriage. The caveat is that telling a CBP officer you're coming for your wedding, is not going to fly. Even when a marriage/wedding is the key agenda item during a visit it is not the whole purpose of the (for instance) six month visit to the USA. It's adviseable to provide a truthful but less specific answer when asked "What is the purpose of your visit?" Even a honeymoon is a form of "vacation" and surely there will be some "visiting friends and family" going on.

Hi Scarred,

It's not illegal that you came to the US and get married while you were down here for a visit from Canada. As long as you came here WITHOUT the intention to get married in the first place on your visit and not do this as to avoid and/or break immigration laws, then it's fine and legal to do.

I was in a similar situation before too, as I came over to visit my boyfriend (now husband), on a tourist visa from Canada, and then ended up getting married here in the USA. And yes, I did get approved and got my green card afterwards. For more information on my sitation, see my VJ timeline (the link can be found on my signature).

The next steps for you are:

1) DO NOT LEAVE THE USA AND DO NOT RETURN TO CANADA until your case has been fully approved, otherwise your case will be abandonded and you will run into the risk of never being able to come back to the ever USA again.

2) File the following paperwork. It's not the K3 Visa, instead it is an Adjustment of Status from a Visitor's Visa, which you then file: I-130 (Petiton for Family Member), I-485 (Adjustment of Status/AOS), I-864 (Affidavit of Support), I-765 and I-131 (Employment Authorization and Advanced Parole, both are optional), and the I-693 (or was it some other number, I can't remember exactly) medical forms.

3) Hire a good immigration lawyer, if you run into any more problems, and/or if you are totally unsure about your situation.

Hope this helps. Good luck with your immigration journey.

Ant (Visited, Married, Immigrated, Living Happily Ever After In The USA...)

Hello, everyone. It'd be greatly appreciated if someone could answer a few questions for me. Thank You.

My fiance is a us citizen and I am Canadian. Is it possible for us to get married in the states and apply for a K3 visa while i'm there on my 6 month visiting visa? And if the process is not completed by the end of the 6 months then I will return to Canda and wait there for the remainder of the time.


Facts are cheap...knowing how to use them is precious...
Understanding the big picture is priceless. Anonymous

Google Who is Pushbrk?

A Warning to Green Card Holders About Voting

http://www.visajourney.com/forums/topic/606646-a-warning-to-green-card-holders-about-voting/

Share this post


Link to post
Share on other sites

We don't know what the OPs intent was when they entered the US. IF the intent was to get married, and then stay for the allowed 6 months, and she/he quit her/his job and gave up the abode etc etc etc, then proving to an IO at interview time that there was no intent will be rather difficult, and he/she will be deported and barred from re-entry.

If the intent was there to get married and there is no proof there was no intent to stay, then returning to Canada is the safest bet.

If there was no intent to get married and stay, And There Is Proof, then sure, stay to AOS.

To the OP, mine took so long because at the time (which is over 4 years ago now), that's how long it took. Plus, USCIS lost our file a couple of times. And then a couple times more after I got here :P

If I were to do it all over again at this time, with current processing times I wouldn't even bother with a K3, I'd just go with the CR1.


divorced - April 2010 moved back to Ontario May 2010 and surrendered green card

PLEASE DO NOT PRIVATE MESSAGE ME OR EMAIL ME. I HAVE NO IDEA ABOUT CURRENT US IMMIGRATION PROCEDURES!!!!!

Share this post


Link to post
Share on other sites

goodluck!


Love is an unexpected thing...and when it arrives grab it with all ur heart....it may pass u jsut once.......

1_217966694l.jpg

11.20.07 : mailed I130

01.23.08 : NOA1

04.21.08 : mailed I129F

04.22.08 : NOA1

05.14.08 : NOA2 both for I 130 and I 129F

06.26.08 : medical exam 2nd day PASSED!!

07.09.08 : interview day! PASSED! PINK SLIP!

07.15.08 : visa on hand!!!

08.01.08 : POE SFO (home with my papi!)

Share this post


Link to post
Share on other sites

Man Canucks come to the USA, get married and go back home,thats what we did!! Depending on where u are in Canada, you might be better off just going the CR-1 route. If you live Manitoba and west, ur K3 would go through vancouver, and they can be a bit faster than a K3 montreal'er. ALL Canadian cr-1 go to Montreal. Nothing is straight forward when it comes to figuring timeliness,lol could take anywhere form 6 months to over a year, which adds to the frustration! You can have two couple start at the exact same time, go through the same service centres, yet finish months apart!!! Best of luck


Canadians Visiting the USA while undergoing the visa process, my free advice:

1) Always tell the TRUTH. never lie to the POE officer

2) Be confident in ur replies

3) keep ur response short and to the point, don't tell ur life story!!

4) look the POE officer in the eye when speaking to them. They are looking for people lieing and have been trained to find them!

5) Pack light! No job resumes with you

6) Bring ties to Canada (letter from employer when ur expected back at work, lease, etc etc)

7) Always be polite, being rude isn't going to get ya anywhere, and could make things worse!!

8) Have a plan in case u do get denied (be polite) It wont harm ur visa application if ur denied,that is if ur polite and didn't lie! Refer to #1

Share this post


Link to post
Share on other sites
We don't know what the OPs intent was when they entered the US. IF the intent was to get married, and then stay for the allowed 6 months, and she/he quit her/his job and gave up the abode etc etc etc, then proving to an IO at interview time that there was no intent will be rather difficult, and he/she will be deported and barred from re-entry.

If the intent was there to get married and there is no proof there was no intent to stay, then returning to Canada is the safest bet.

If there was no intent to get married and stay, And There Is Proof, then sure, stay to AOS.

To the OP, mine took so long because at the time (which is over 4 years ago now), that's how long it took. Plus, USCIS lost our file a couple of times. And then a couple times more after I got here :P

If I were to do it all over again at this time, with current processing times I wouldn't even bother with a K3, I'd just go with the CR1.

The OP asked about the K3 visa process, not AOS. If granted a six month stay, intent to marry is of no consequence but they must return to Canada before the granted stay expires and, of course, have a medical and visa interview in Canada.


Facts are cheap...knowing how to use them is precious...
Understanding the big picture is priceless. Anonymous

Google Who is Pushbrk?

A Warning to Green Card Holders About Voting

http://www.visajourney.com/forums/topic/606646-a-warning-to-green-card-holders-about-voting/

Share this post


Link to post
Share on other sites

Thank You all for answering my questions and addressing my concerns. I really appreciate it.

While there are far too many of our community that have been waiting nearly a year or more for K-3 and/or CR-1 petitions,

We are currently (and unfairly) we're seeing new (as in July and August filings) K-3 and CR-1 petitions being approved in as little as 21 days.

The NVC process is going rather quickly as well, with most VJ applicants being issued visas in less than 6 weeks.

Good luck on your journey.

That sounds rather promising. Thank you. I'm not intending on doing AOS or anything like that. I do not want to risk screwing everything up. I merely want to be with him while the process is in progress.

Your USC spouse can file a petition regardless of whether you are presently visiting the US. However, you may not apply for a K3 visa from the US. The two are not the same thing. You may visit the US for as long a stay as you are granted. You'll need to be back in Candada to receive the P3 and "apply for the K3 visa" at Vancouver or Montreal, as applicable.

Does "applying for the visa" mean visiting the actual embassy premises?

Hi Scarred,

It's not illegal that you came to the US and get married while you were down here for a visit from Canada. As long as you came here WITHOUT the intention to get married in the first place on your visit and not do this as to avoid and/or break immigration laws, then it's fine and legal to do.

I was in a similar situation before too, as I came over to visit my boyfriend (now husband), on a tourist visa from Canada, and then ended up getting married here in the USA. And yes, I did get approved and got my green card afterwards. For more information on my sitation, see my VJ timeline (the link can be found on my signature).

The next steps for you are:

1) DO NOT LEAVE THE USA AND DO NOT RETURN TO CANADA until your case has been fully approved, otherwise your case will be abandonded and you will run into the risk of never being able to come back to the ever USA again.

2) File the following paperwork. It's not the K3 Visa, instead it is an Adjustment of Status from a Visitor's Visa, which you then file: I-130 (Petiton for Family Member), I-485 (Adjustment of Status/AOS), I-864 (Affidavit of Support), I-765 and I-131 (Employment Authorization and Advanced Parole, both are optional), and the I-693 (or was it some other number, I can't remember exactly) medical forms.

3) Hire a good immigration lawyer, if you run into any more problems, and/or if you are totally unsure about your situation.

Hope this helps. Good luck with your immigration journey.

Ant (Visited, Married, Immigrated, Living Happily Ever After In The USA...)

Congrats on getting approved! I do not intend to apply for AOS at all. Nor do I intend on filing out any paperwork myself. We will be hiring an immigration lawyer. I'm just conducting my own reasearch so i'm more informed before we contact a lawyer.

For the zillionteenth time, there is no issue with "intending to marry". The issue is ingtending to marry and immigrate based on that marriage. The caveat is that telling a CBP officer you're coming for your wedding, is not going to fly. Even when a marriage/wedding is the key agenda item during a visit it is not the whole purpose of the (for instance) six month visit to the USA. It's adviseable to provide a truthful but less specific answer when asked "What is the purpose of your visit?" Even a honeymoon is a form of "vacation" and surely there will be some "visiting friends and family" going on.

Yes. That is exactly what I mean. I DO NOT intend to apply for AOS. And thank you for tip I bolded, I will definitely keep that in mind!

If I were to do it all over again at this time, with current processing times I wouldn't even bother with a K3, I'd just go with the CR1.

Hmmm. I hadn't considered CR1 before this post, but i'm looking into it now and I might just take that route. Thank You!

goodluck!

Thank You!

Man Canucks come to the USA, get married and go back home,thats what we did!! Depending on where u are in Canada, you might be better off just going the CR-1 route. If you live Manitoba and west, ur K3 would go through vancouver, and they can be a bit faster than a K3 montreal'er. ALL Canadian cr-1 go to Montreal. Nothing is straight forward when it comes to figuring timeliness,lol could take anywhere form 6 months to over a year, which adds to the frustration! You can have two couple start at the exact same time, go through the same service centres, yet finish months apart!!! Best of luck

Hmm, looks like my K3 would go through Montreal. Oh well. Looking into CR1 now though.

The OP asked about the K3 visa process, not AOS. If granted a six month stay, intent to marry is of no consequence but they must return to Canada before the granted stay expires and, of course, have a medical and visa interview in Canada.

Snap.

Share this post


Link to post
Share on other sites

ugh, don't hire a lawyer unless you have a criminal conviction record that would require a waiver to be filed. They really are just a waste of money for a straightforward spousal application. In most cases (have a look around here, I'm sure you'll find a few horror stories) they hinder more than help!

You can't apply for the visa until your spouse's petition has been approved and sent on to the consulate in Canada. Its just semantics and terminology really. The lifers here tend to get picky sometimes. ;)

If you decide to do the CR1 instead of the K3 (superior visa really, and costs a lot less money), your spouse will send in the I-130 petition along with accompanying documents (see the guides and example forms here at VJ). When the petiiton is approved, he'll get the approval notice and instructions on what to do next, with the affidavit of support and a bunch of other stuff. After that stuff is done, then you'll get your package of stuff from the Montreal consulate with instructions on what yoiu need to do in order to schedule your interview appointment.

You really can do this yourselves, save yourself the heartache and the money, spend it on something fun like a honeymoon, or a new couch.


divorced - April 2010 moved back to Ontario May 2010 and surrendered green card

PLEASE DO NOT PRIVATE MESSAGE ME OR EMAIL ME. I HAVE NO IDEA ABOUT CURRENT US IMMIGRATION PROCEDURES!!!!!

Share this post


Link to post
Share on other sites

Thanks for the input, Reba, you've been very helpful.

One reason my fiance wants to go with a lawyer is because he was recently divorced. What makes it more complicated is that his ex-wife was from overseas, and he had filed for an immigration petition for her in 2006 - it took her over a year for her to get her visa, & they ultimately wound up getting divorced without her ever coming to the States. The divorce wasn't finalized until June of this year. Do you know if that would complicate matters any, and if so, how? What would be the best way to avoid any complications in such a scenario, with or without a lawyer?

Thanks again for your help!

Share this post


Link to post
Share on other sites
Thanks for the input, Reba, you've been very helpful.

One reason my fiance wants to go with a lawyer is because he was recently divorced. What makes it more complicated is that his ex-wife was from overseas, and he had filed for an immigration petition for her in 2006 - it took her over a year for her to get her visa, & they ultimately wound up getting divorced without her ever coming to the States. The divorce wasn't finalized until June of this year. Do you know if that would complicate matters any, and if so, how? What would be the best way to avoid any complications in such a scenario, with or without a lawyer?

Thanks again for your help!

The right lawyer will probably be a help in such a situation and our advice would be iffy without knowing the details. Just make sure the lawyer appears to understand the issues and that they outline to you a clear plan to deal with them.


Facts are cheap...knowing how to use them is precious...
Understanding the big picture is priceless. Anonymous

Google Who is Pushbrk?

A Warning to Green Card Holders About Voting

http://www.visajourney.com/forums/topic/606646-a-warning-to-green-card-holders-about-voting/

Share this post


Link to post
Share on other sites
 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
Sign in to follow this  
- Back to Top -


Important Disclaimer: Please read carefully the Visajourney.com Terms of Service. If you do not agree to the Terms of Service you should not access or view any page (including this page) on VisaJourney.com. Answers and comments provided on Visajourney.com Forums are general information, and are not intended to substitute for informed professional medical, psychiatric, psychological, tax, legal, investment, accounting, or other professional advice. Visajourney.com does not endorse, and expressly disclaims liability for any product, manufacturer, distributor, service or service provider mentioned or any opinion expressed in answers or comments. VisaJourney.com does not condone immigration fraud in any way, shape or manner. VisaJourney.com recommends that if any member or user knows directly of someone involved in fraudulent or illegal activity, that they report such activity directly to the Department of Homeland Security, Immigration and Customs Enforcement. You can contact ICE via email at Immigration.Reply@dhs.gov or you can telephone ICE at 1-866-347-2423. All reported threads/posts containing reference to immigration fraud or illegal activities will be removed from this board. If you feel that you have found inappropriate content, please let us know by contacting us here with a url link to that content. Thank you.
×