K-1 visa confusion

[mozplay 28]

Ummm .... my divorce is final this month. (Been separated for 3, or is it 4?, years now.) Do I have an 'oops' to anticipate? lol

[calidreamer80 0]

I think if you have a straightforward case (no divorces, no convictions or criminal record) you should be fine.

I've been divorced so does that mean I am going to have problems?

Not necessarily - just make sure you have the complete divorce decree and if it needs to be translated, be sure it is done.

Ditto. Got it all here.

[stinger157 0]

Ok, I think I am developing a callus on my right wrist from using the mouse all day but the amount of information here .. and useful, comprehensive information at that is staggering!!!!

I feel so much better after reading many of your posts - I think I may actually sleep tonight and I will very much try to take the advice of one member and now drown in the process.

Now ... I have two questions that I cannot seem to find answers for (forgive me if I am just blind):

1. Because we have always driven across the border to see eachother I do not have any stamps at all in my passport, nor plane tickets or anything like that. We stayed in two hotels during the first year (out of town weddings) and I will contact both the venues to see if I can still get duplicate receipts. However, if this is not the case will credit card and bank statments showing that I have spent money in the US suffice as proof that we have seen eachother in the past 2 years when filing the I-129F? We have MASS quantities of emails saved to prove the 'ongoing relationship' part.

1a. (so it's still technically only two questions, lol) Do the customs agents at the border keep records of me crossing that I can request for petition purposes (also when filing the I-129F)?

2. How long (approx.) between initially filing the I-129 and then filing for permission to travel? Is this the 30-90 day period? or is this more like the 4 - 6 month period?

I ask this question assuming at this point that I will indeed stay with David for a few months after he files and then come back up here for the medical etc (which is the 30 - 90 days, right?). So question 2 actually points to when the US stops frowning upon my re-entering, customs officers are happy about it and we can be re-united.

And to answer an earlier question ... David will be able to come up and visit too - but since he is going to be doing post-grad work, then it's just easier if I come down. Even with a full-time job, my schedule has always been very flexible.

Thanks for all the welcomes and well-wishes all! I really do appreciate all of this!

Mo

I guess you have taken some pictures. If not, start taking some so you can show that you have seen each other. Not that USCIS is interested in that, but they might want to see.

The medical is prior to the interview, calculate between 4 and 6 months, maybe a bit more, depending on the obstacles that are showing up on the way.

Ummm .... my divorce is final this month. (Been separated for 3, or is it 4?, years now.) Do I have an 'oops' to anticipate? lol

Divorce is not a problem at all. But the US-part should be careful enough. Collecting "international" spouses could lead to difficulties. Sooner or later USCIS will assume you got paid for the marriages.

But as long as the marriages were within one country they won't care.

USCIS cares about immigration laws, not moral.

[Waiting in Vancouver 6]

I'd say that your in for atleast 6 months from the time you send your package in to when you actually receive your Visa (we took 5 months but we went through Nebraska and then Vancouver) ... Depending on what processing centre in the US you are going through and if you go through Montreal then your delay may be greater as they seem to take alot longer to give interview dates ... Also with the new law and the reorganizing of the centres there could be further delays ...

You should be able to go down to the US and apply for your K-1 Visa then stay there for a few months before you would have to return for your medical and interview ... As previously mentioned here, you are allowed to stay down in the US for 6 months ... Make sure you don't abuse that as it could affect your K-1 visa of being approved ...

Also hop over to the Regions Forums - Canada as there is alot of specific informaton there from fellow Canadians ...

[Cassie 8]

Ummm .... my divorce is final this month. (Been separated for 3, or is it 4?, years now.) Do I have an 'oops' to anticipate? lol

Nope, just as long as you are free to marry when you submit the I-129f petition. You have to include a copy of your divorce decree, so no filing before the divorce is final.

My husband's divorce was finalized a couple of months before we were engaged, and we had no problems with our petition because of it.

[gwenneh 7]

1. Because we have always driven across the border to see eachother I do not have any stamps at all in my passport, nor plane tickets or anything like that. We stayed in two hotels during the first year (out of town weddings) and I will contact both the venues to see if I can still get duplicate receipts. However, if this is not the case will credit card and bank statments showing that I have spent money in the US suffice as proof that we have seen eachother in the past 2 years when filing the I-129F? We have MASS quantities of emails saved to prove the 'ongoing relationship' part.

The "ongoing relationship" bit is not nearly as important as being able to prove that you have met-hotel receipts and credit card statements prove you've been to the US but not that you've actually, physically met your fiance. Make sure you include plenty of concrete evidence like photographs to back this kind of thing up!

2. How long (approx.) between initially filing the I-129 and then filing for permission to travel? Is this the 30-90 day period? or is this more like the 4 - 6 month period?

Permission to travel is not necessary after filing the I-129F. Up until your visa is issued you do not need any more permission than normal to cross back and forth; it is after the visa is issued that this becomes a different story. Advanced Parole-permission to leave the US before your conditional green card has been issued-comes into play after you have married in the US but before adjustment of status.

[mozplay 28]

1. Because we have always driven across the border to see eachother I do not have any stamps at all in my passport, nor plane tickets or anything like that. We stayed in two hotels during the first year (out of town weddings) and I will contact both the venues to see if I can still get duplicate receipts. However, if this is not the case will credit card and bank statments showing that I have spent money in the US suffice as proof that we have seen eachother in the past 2 years when filing the I-129F? We have MASS quantities of emails saved to prove the 'ongoing relationship' part.

The "ongoing relationship" bit is not nearly as important as being able to prove that you have met-hotel receipts and credit card statements prove you've been to the US but not that you've actually, physically met your fiance. Make sure you include plenty of concrete evidence like photographs to back this kind of thing up!

Got it! Photos are not a problem at all - we have lots - I even have some of him attending school functions with me and lots with his family. Whew! Now I just gotta go dig up all the past bank/credit card/cell phone statements.

[CanuckmeetsYank 0]

My fiance and I are in the midst of all this caos ourselved. Ironically our lawyer after we paid her retainer fee advised us that we should have just had me move to the US then get married and do the paper work. BUT the problem with that way is not only is it technically illegal..but the US government can really tie things up on you for a couple of years. Which means you cant work or anything that time. Which is why we have opted to go the K1 route. Initially all signs said start to finish 6 month..but with current delays in the processing centres this is not as accurate. My fiance actually called the service centre today and they were not really giving us any information..truth be told I dont think they really know. Also we were told that I had to be in Canada at the time we filed the application. Once the ball is rolling I am not allowed to enter the US until the process is over.But where you are a teacher you might want to look at going over on a special trade visa to teach..from there see the legistics of getting married and changing your visa status..I dont know much about this route..but I have heard of cases like that. With the K1 visa you will eventually have to have a medical done here in Canada by a USCIS specified doc, and then you have to do an interview in either Vancouver or Montreal depending on which area of the country you are in. So you would have to have to be in the country. It does take a bit of time, but if you can hang on its better this way in the long term. Once you are approved you have 6 months to enter the US and 90 days upon entering the US to get married. Goodtimes...

[jen&darcy 0]

one: You are not eligible for DCF in Canada, since your USC fiance does not currently reside in Canada and is not considered a permanent resident in Canada, so scratch that possibility off the list.

two: I personally feel that you can do the filing on your own, no lawyer required, with some planning and research beforehand. VisaJourney is a great resource, as well as the USCIS website. If you feel that you have circumstances that are above and beyond a straightforward case, by all means look into retaining a lawyer--just make sure that he/she is very familiar with the process.

Agree!

Welcome to VJ!

[meauxna 15]

not only is it technically illegal..but the US government can really tie things up on you for a couple of years. Which means you cant work or anything that time.

Also we were told that I had to be in Canada at the time we filed the application. Once the ball is rolling I am not allowed to enter the US until the process is over.

Just to clear up a couple of things, to avoid confusion...

People who have applied to Adjust Status (I-485) may also apply for work and travel permissions. People Adjust Status/AOS from lots of different types of visas/entries. Once you file I-485, youi application is not discriminated against based on the visa/entry type you area adjusting from, so a visitor--->AOS is not going to take any longer than a K-1--->AOS.

Length of time for an AOS appointment is dependant on the workload at your District Office.

The foreign fiance (or the USC for that matter) do not have to physically be in or out of the US for the I-129f to be filed.

Once filed, there is no law that prohibits the foreign fiancee from visiting the US during the I-129f-->visa period of time. (there are some other considerations, but you are not prohibited from visiting).

[happyimmigrant 0]

Ok, I think I am developing a callus on my right wrist from using the mouse all day but the amount of information here .. and useful, comprehensive information at that is staggering!!!!

I feel so much better after reading many of your posts - I think I may actually sleep tonight and I will very much try to take the advice of one member and now drown in the process.

Now ... I have two questions that I cannot seem to find answers for (forgive me if I am just blind):

1. Because we have always driven across the border to see eachother I do not have any stamps at all in my passport, nor plane tickets or anything like that. We stayed in two hotels during the first year (out of town weddings) and I will contact both the venues to see if I can still get duplicate receipts. However, if this is not the case will credit card and bank statments showing that I have spent money in the US suffice as proof that we have seen eachother in the past 2 years when filing the I-129F? We have MASS quantities of emails saved to prove the 'ongoing relationship' part.

That, and pictures together.

1a. (so it's still technically only two questions, lol) Do the customs agents at the border keep records of me crossing that I can request for petition purposes (also when filing the I-129F)?

Yes, they keep records, no, you cannot request them.

2. How long (approx.) between initially filing the I-129 and then filing for permission to travel? Is this the 30-90 day period? or is this more like the 4 - 6 month period?

I ask this question assuming at this point that I will indeed stay with David for a few months after he files and then come back up here for the medical etc (which is the 30 - 90 days, right?). So question 2 actually points to when the US stops frowning upon my re-entering, customs officers are happy about it and we can be re-united.

There's really no way of knowing. Some people have gone through in a few months, others have taken a couple years or more. There is no "filing for permission to travel" - when your K-1 is approved, you can then use it to enter the US.

When does the US frown on your re-entering? Unfortunately, a lot of this depends on the personality and mood of the customs officer you happen to get when crossing. Some people continue visiting their fiancees throughout the whole procedure. I was turned back a year ago and haven't been able to go visit since.

[happyimmigrant 0]

Hi All,

I just joined this site today and already reading through the posts I'm thankful I found it - you all seem sensible and helpful. Thank goodness!

Let me give you the basics on my own story and hopefully someone can help:

I'm Canadian and my boyfriend/fiance is a USC (look - I'm learning the lingo already!) We have been dating for two years now and are planning to be married and live in the US at lease for the next few years while he finishes his masters.

In chatting with a lawyer about the quickest way to be with David in the US legally, we were advised to come in as I always do - driving across the border for a visit and then file for K-1 status. However, in reading posts on a few forums, this seems like a HUGE no-no. Even in a recent post by Beth on this forum a number of you indicated that this was highly illegal and could cause problems later on. I don't know if this makes any difference, but I don't intend to work under the table or anything while the filing etc is in process. Also, I work in the educational system, so bear in mind I have the summer off anyway - even if I were to remain in Canada and go back to work, it would not be until September.

So here are my questions:

1. Why the heck would the lawyer tell me to do something that is illegal?!!?!?!? (Ok - I know you may not be able to answer for his actions - just wanted to get it off mychest)

Because he's a lawyer? I have had two immigration lawyers during the past 2.5 years, both were sharks, but the second one was definitely better than the first. The first one gave me advice, that had I decided to follow, would very likely resulted in my being charged with fraud and banned for ten years. The second lawyer was horrified when he heard what the first lawyer had told me to do. Caveat Empor.

2. Is applying for the K-1 really the quickest route or should we be married?

Probably. Every case is different, so there is no absolute recommendation, but generally and statistically speaking, the K-1 is (currently) the quickest method.

3. Is is true that I cannot travel to the US once the K-1 application has been filed, if it is filed while I am in Canada?

No. The USCIS border guards work on the assumption that everyone crossing into the US has (illegal) immigrant intent. It is up to you to prove to them otherwise. You need to show sufficient ties to Canada - utility bills, paychecks, a letter from your employer stating that you work there, and when you are expected back. Some people make it across with no problems. Others are turned back. It depends a lot on the particular officer you end up talking to that day. Don't count on it, but it's possible.

4. If this is true, then what is the time line on that? Is it the 30 - 90 days that I keep hearing about? Or is it the 6 month timeline?

30-90 days is for the rest of the people in the world. For us Canadians, when we cross into the US as tourists, we automatically get 6 months to stay legally. So if you are in the process of your K-1, and you want to go visit, you go to the border and they let you across, then yes, you can legally stay for 6 months. IF you stay beyond 6 months, VERY BAD things will happen, and you will very likely not get your K-1 approved as a result. If you go across saying "I'm going to go stay with my fiancee for 6 months" they will likely turn you back. If you go across saying "I'm going to vising my fiancee for the weekend" you have a much better chance of being let in. There is nothing stopping you from deciding, once you have been let across, to stay for 6 months, even if you originally planned (and told them) you were going for a weekend. Not advocating you lie to the USCIS, just telling you what is legally allowable.

5. Is it legal to file for K-1 status with me in the US, spend the summer together and then return to Canada for the rest of the process? Is this still illegal and therefore can possibly cause problems?

This is perfectly legal. The only part of the K-1 you need to be physically in Canada for is the interview. You could go visit him, file the K-1, and stay until it's time for the interview - as long as it doesn't take longer than 6 months. If it gets to 6 months, you have to leave.

6. Have any of you actually stayed in the US through the process and it not been a problem?

I was turned back a year ago. I've not been able to go back since. My interview is next week. It's been a long wait. Others have stayed in the US throughout the process.

As you can guess, I so desperately want to be with David, however, not if it will come at the cost of our long-term lives together. I'm not trying to move to the US for fraudlent reasons, however, the thought of not being able to see him for up to 6 months is killing me.

Can somebody tell me the best possible course of action here (and maybe reccommend a good therapist and an even better maseusse to ease the stress of this process!).

One last question - general consensus is that using a lawyer is throwing your money away - does anyone recommend using one of those do-it-yourself kits? Or is that jsut as bad as hiring a lawyer?

For the K-1, I would suggest lawyers are going to do very little for you other than take your money. They will give you forms to fill out, you will have to collect the evidence and materials, all they will do is the actual filing - if you feel that paying a couple thousand dollars to a lawyer to have them put some forms in an envelope and mail it is good value, then go for it. There have been some absolute HORROR stories on here about how lawyers have screwed up people's applications. Remember, you have a vested interest in the application going through smoothly and correctly. The lawyer has a vested interest in getting his fee paid. If the lawyer screws up, it causes an RFE, and makes things take longer. Doesn't bother him, he already goes home to his wife at night. Do you trust your lawyer to get it done right?

Do-it-yourself-kits are little more than the forms that you can download and print yourself for free from the USCIS web site.

Honestly, by spending a few days on this web site, learning everything you can about the process, you'll be far more knowledgeable and capable of most of the immigration lawyers who hold out K-1 services.