Do we have to enter the US at the same time?

[kennedy_rae 0]

I have been working on a TN visa which after a layoff I returned to Canada from the US for a few months. My boyfriend has come here for a visit for a week and we would like to apply for the K1 visa. I'd like to go back but probably a week or two after he heads back.

1. does he submit his paperwork first and at the border?

2. do i have to wait for him to submit his first

3. do i submit my papers before entry to the US?

thanks for any help you can give

[payxibka 10,048]

1) the USC must first submit a petition to determine your eligibility to apply for a visa. This is done at a USCIS service center, NOT at the border.

2) You cannot do anything in regards to a K-1 application until the petition has been approved and the case file is at the consulate. Then you will apply and be personally interviewed.

3) You must apply for a visa in accordance with the prescribed procedures and all must be complete before entry is attempted on any family based visa.... It is impossible to enter on a "K" or other immigrant visa if there is no visa in your passport.

Edited January 2, 2009 by payxibka

[kennedy_rae 0]

1) the USC must first submit a petition to determine your eligibility to apply for a visa. This is done at a USCIS service center, NOT at the border.

2) You cannot do anything in regards to a K-1 application until the petition has been approved and the case file is at the consulate. Then you will apply and be personally interviewed.

3) You must apply for a visa in accordance with the prescribed procedures and all must be complete before entry is attempted on any family based visa.... It is impossible to enter on a "K" or other immigrant visa if there is no visa in your passport.

Great, thanks.

Solution would be for him to go back as planned and file the petition and I come back as a visitor and then after his petition is approved apply for the K-1.... sound right?

[KimandRuss 0]

The flowchart will help you to understand the process better. The K-1 GUIDE will spell it out for your USC fiance.

[kennedy_rae 0]

The flowchart will help you to understand the process better. The K-1 GUIDE will spell it out for your USC fiance.

great, thanks.... I guess i just want to make sure I can head back there again as a visitor so we can still be together while we go through this whole process

[payxibka 10,048]

entry is never guaranteed... if the border officer suspects immigrant intent (lack of a reason to return to your country) then you could be refused entry and turned back at the border.

[kennedy_rae 0]

entry is never guaranteed... if the border officer suspects immigrant intent (lack of a reason to return to your country) then you could be refused entry and turned back at the border.

Yes, I'm aware that I have to be very clear that my intent is only a visit and to be returning to Canada where I am a permanent resident. I've been through the TN-1 visa process for a few years now so I'm very careful as to what I say upon attempting entry to the US