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darkchilde794

K1 Visa Question for a Canadian Permanent Resident

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Filed: AOS (apr) Country: Canada
Timeline

Hi! I would like to know if someone can give me advice for my situation.

I am a Filipino citizen who was on an F1-student visa between 2004-2007. My fiance and I met during my second year of university and have been together ever since. About 1.5 to 2 years ago, my family from the Philippines received our papers to immigrate to Canada and so after graduating (and officially ending my F1), I moved to Toronto and became a Canadian permanent resident. My fiance and I are maintaining our relationship (we probably should buy shares for Air Canada as it earned most of its business through the two of us for the past 1.5 years) and he originally planned to move to Toronto to be with me while I earned my citizenship in Canada.

Anyway he ended up not moving as he found a great job in the US and instead asked me to marry him (which is totally unrelated to this visa thing, but he did!). So my question is, being a Filipino citizen who is a lawful, permanent resident of Canada, do I have to return to the Philippines for the K1 visa application? We spoke to a lawyer in Toronto who said that I wont have to, as all applications would come to Montreal and then to Toronto, but he was so rude and dismissive that it was kind of hard to believe anything he said.

And I also would like to know if we should consider hiring a lawyer for our case as it is quite different from others (me living in Canada as a non-citizen but a PR). My fiance and I are doing everything by the book and I clearly left the country to live elsewhere when my F1 expired, but we are worried that because of my current living status, things will be impossible for us.

Anyway any advice would help and thank you for reading! :D

Edited by darkchilde794

Finally married... and still married... ;)

Green card received: March 18, 2011

Removal of Conditions:

GC Expiration: March 11, 2012

Documents sent: December 13, 2011

NOA-1 received: December 15, 2011

Check cashed: Red said yes when asked

Biometrics: January 25, 2012

Letter approving 10-year GC: September 7, 2012

Production of 10-year GC: September 15, 2012

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........... So my question is, being a Filipino citizen who is a lawful, permanent resident of Canada, do I have to return to the Philippines for the K1 visa application? We spoke to a lawyer in Toronto who said that I wont have to, as all applications would come to Montreal and then to Toronto, but he was so rude and dismissive that it was kind of hard to believe anything he said.

And I also would like to know if we should consider hiring a lawyer for our case as it is quite different from others (me living in Canada as a non-citizen but a PR). My fiance and I are doing everything by the book and I clearly left the country to live elsewhere when my F1 expired, but we are worried that because of my current living status, things will be impossible for us.

1Q - the lawyer was right. you can process your papers while in canada. i speak based on what i know and on experience . i am a filipino citizen and was a PR in canada (toronto) when we (then bf now hub) applied for a k1 in 2004. being a PR living in toronto, its true that your application would go to montreal for further processing. during my time, i believe there were only 2 consulates processing these types of visa applications - montreal and vancouver.

2Q - i really dont see the need for a lawyer. yours is not a special case that needs intervention. if you have the time and patience to go over the details of the requirements, you should be fine. this web resource was very very helpful to me at that time.

good luck. any question, feel free.


K1 process

Filed - late Oct 2004

Interview - montreal embassy - April 2005 : approved

aAOS process:

Filed AOS, EAD ,AP - Aug 19, 2005

Received Notice of Receipt - Aug 23, 2005

AP approval via email - Nov 1 touched, Nov 2 and Nov 3, 2005

AP in the mail- Nov 08, 2005

Infopass appt - Nov 25

-- informed that my EAD has already been approved!!; given appt for biometrics.

Biometrics for EAD - Nov 25, 2005

EAD email approval - Nov 29, 2005

EAD card in the mail - Nov 30, 2005

---- validity started Nov 01; means they've approved it as early as Nov 01 and further processing was stalled bec i have not done my biotmetrics ( well, how could i? they told me to wait for an appt letter from them! ) anyways, job search starts for me now.

Biometrics - April 2006

AOS Interview - Oct 2, 2006 - APPROVED

2 yr GC received 2 wks later.

751 process

Filed papers - mid Sept 2008.

Biometrics - Nov 2008

10 yrs GC received - Dec 23, 2008

Citizenhip process

Filed papers - March 26, 2010

Biometrics - late May 2010

Interview - July 14, 2010

Oath taking - July 19, 2010

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Just wanted to welcome you to VJ! The best advise you got is from someone who has gone through the experience themselves. Yes, you can interview as a PR in Canada at a Canadian Consulate. Depending on where you live in Canada, your interview for a K-1 or K-3 will be at either Montreal or Vancouver.

Don't forget to visit the Canada Forum here on VJ, where you'll meet up with Canadians who are going through, or have gone through the process. Lots of questions are answered there along the way that are unique to Canadian/US couples visiting while the process is ongoing, importing your car to the US, collecting EI...the list goes on.

The link is here:

http://www.visajourney.com/forums/index.php?showforum=93

There is also a VJ Wiki link to Canada here:

http://www.visajourney.com/wiki/index.php/Canada


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Filed: Other Country: China
Timeline
Just wanted to welcome you to VJ! The best advise you got is from someone who has gone through the experience themselves. Yes, you can interview as a PR in Canada at a Canadian Consulate. Depending on where you live in Canada, your interview for a K-1 or K-3 will be at either Montreal or Vancouver.

Don't forget to visit the Canada Forum here on VJ, where you'll meet up with Canadians who are going through, or have gone through the process. Lots of questions are answered there along the way that are unique to Canadian/US couples visiting while the process is ongoing, importing your car to the US, collecting EI...the list goes on.

The link is here:

http://www.visajourney.com/forums/index.php?showforum=93

There is also a VJ Wiki link to Canada here:

http://www.visajourney.com/wiki/index.php/Canada

From what you've described, there doesn't seem to be anything all that complicated about your case. An immigration lawyer worth any fee would know Toronto will have nothing to do with your process though, so I wouldn't use that one. Any family based visa interview for a Toronto resident would be in Montreal.

Edited by pushbrk

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/

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Filed: AOS (apr) Country: Canada
Timeline

Thank you soooo much guys!!!! I have been on and off panicking about this, as we intend to file the paperwork in January. It feels good to know that it can be done and that people know or have been through the same process. And yes I will check the Canadian VJ page. Again, thank you very much! :star:


Finally married... and still married... ;)

Green card received: March 18, 2011

Removal of Conditions:

GC Expiration: March 11, 2012

Documents sent: December 13, 2011

NOA-1 received: December 15, 2011

Check cashed: Red said yes when asked

Biometrics: January 25, 2012

Letter approving 10-year GC: September 7, 2012

Production of 10-year GC: September 15, 2012

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