Can he visit??

[dixie2028 0]

Ok I'm new to this site and I've found it SO helpful but I wanted to ask some specifics of my own. My fiance is Canadian and I'm American. We will be filing the K1 soon but I'm wondering, how can we go about him being HERE in the USA while that process happens? Does he need a certain visa or something in order to come visit me for a few months at least during the process??? Thanks!!

[Wis-Can 0]

Yes, he can come visit while you wait. Just don't overstay. You don't want to do anything to jeoprodize your K-1. We travelled back and forth to see one another, I just made sure I had lots of backup to show them that I was returning to Canada. Good luck in the process.

[showjumper13 0]

Canadians can stay in the US with a B2 Visitors Visa (basically the stamp from Border Protection) for 90 days.... but only visit, no working...

[Carlawarla 1]

Canadians can stay in the US with a B2 Visitors Visa (basically the stamp from Border Protection) for 90 days.... but only visit, no working...

This isn't true. You can visit the US from Canada for up to 180 days a year, and if you want to use that all up at once, you can. I rarely if ever have had anything stamped at BP. A B2 Visitor's visa? We don't need a visa.

Make sure when coming to the US that you always tell the truth and bring plenty of evidence of ties to Canada.

Check out the Canada forum here for lots of information on Canada/US immigration and Canada timelines.

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

Another useful link is the Canada Wiki here:

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

Edited March 10, 2009 by Carlawarla

[iLoveAPolishGirl 0]

Canadians can stay in the US with a B2 Visitors Visa (basically the stamp from Border Protection) for 90 days.... but only visit, no working...

This isn't true. You can visit the US from Canada for up to 180 days a year, and if you want to use that all up at once, you can. I rarely if ever have had anything stamped at BP. A B2 Visitor's visa? We don't need a visa.

Neither is true for the question asked ... B2 Visa visits are different...

From 8 CFR:

8 CFR PART 214 -- NONIMMIGRANT CLASSES\Sec. 214.2(B) Visitors --

http://www.uscis.gov/propub/ProPubVAP.jsp?...8e046afc8800b72

(1) General. Any B-1 visitor for business or B-2 visitor for pleasure may be admitted for not more than one year and may be granted extensions of temporary stay in increments of not more than six months each ...

(2) Minimum six month admissions. Any B - 2 visitor who is found otherwise admissible and is issued a Form I - 94, will be admitted for a minimum period of six months, regardless of whether less time is requested, provided, that any required passport is valid ...

dvc

[A. Brown 0]

I have a similar question.

My fiance is here visiting me in Canada right now(has been for the past two months) from Texas, and is planing to stay until the six month date, not working, just visiting with money he had saved. Anyway, we want to get married in a church in July and would both prefer to move back after we get married. We are aware that I will have to apply for a greencard ASAP. So, we were thinking that within this week we would go to the courts to get married so we have the offical papers and can start the process sooner rather than later.

What I am really wondering is, is it possible for me to cross the border with him in July and for me to stay in the US not working, but, just living with him until the process is finished and I am(HOPEFULLY)approved of a greencard and then once that is done I can work(whether that takes six months or a year or so)?

[iLoveAPolishGirl 0]

I can't seem to edit my post, so let me amend my post....

I thought the original question specifically asked about B2, but later see it didn't... so note that the info I provided applies ONLY if visiting with B2 visa. Also, obtaining a B2 visa will add some time to the process, since Dixie's fiance will need to apply to a consulate and go to an interview there, in person, IN CANADA, however, it will allow her fiancee to stay in the US for a far longer period of time.

I assume Carlawarla is correct about visiting from Canada without a visa, so my apologies!

dvc

[KimandRuss 0]

Carla is correct.

This is one of the most common questions we get at VJ. A search here will get your more information than you could ever need.

Certainly a fiance can visit the US during the process but it's important to understand that it is up to you to prove to the POE officer that you do not have intent to immigrate. As suggested, you will need to bring ties to your home Country to show you will be returning after your visit.

Canadian residents do not need a visa and they can stay up to 6 months in the US per year. It doesn't matter if it's all in one visit...what they care about is that you're spending more time in your home Country than you are in the US. Again, it is still up to the POE officer.

VWP travellers must now register their trip with ESTA and be approved there before departing. Entry to the US is still up to the POE officer who will decide whether or not to allow you in for your visit and how long. Up to 90 days.

Edited March 10, 2009 by KimandRuss

[dixie2028 0]

I can't seem to edit my post, so let me amend my post....

I thought the original question specifically asked about B2, but later see it didn't... so note that the info I provided applies ONLY if visiting with B2 visa. Also, obtaining a B2 visa will add some time to the process, since Dixie's fiance will need to apply to a consulate and go to an interview there, in person, IN CANADA, however, it will allow her fiancee to stay in the US for a far longer period of time.

I assume Carlawarla is correct about visiting from Canada without a visa, so my apologies!

dvc

So what exactly is the B2 Visa? I'm getting a bit confused... I was wanting to know if he can visit after we file the K1? Should we try to file that while hes here or should we do it before he gets here??

[iLoveAPolishGirl 0]

I have a similar question.

My fiance is here visiting me in Canada right now(has been for the past two months) from Texas, and is planing to stay until the six month date, not working, just visiting with money he had saved. Anyway, we want to get married in a church in July and would both prefer to move back after we get married. We are aware that I will have to apply for a greencard ASAP. So, we were thinking that within this week we would go to the courts to get married so we have the offical papers and can start the process sooner rather than later.

What I am really wondering is, is it possible for me to cross the border with him in July and for me to stay in the US not working, but, just living with him until the process is finished and I am(HOPEFULLY)approved of a greencard and then once that is done I can work(whether that takes six months or a year or so)?

Quick answer: yes. As I noted in my reply, if you use a B2 visa, a 6 mo stay will MINIMALLY be authorized for you, possibly up to one year, with the (expensive) option of requesting additional extensions of up to 6 mo each.

However, for a stay request / extension of over 6 mo, I expect you may be grilled to prove your intention of returning to Canada!!

Note, though: if you marry in Canada, I do not believe u can file for a K-1 visa, so you are posting in the wrong forum ... you would, I believe file, an I129F for a K-3 visa and an I130 for perm residency at the same time. The process is different, so see the timelines / info on this site for that journey. I believe you must maintain a perm residence in Canada WITH NO INTENTION TO ABANDON for the entire processing time until either the K-3 or perm residency is granted. An in person interview in the Canadian consulate will be required.

dvc

[A. Brown 0]

Canadian residents do not need a visa and they can stay up to 6 months in the US per year. It doesn't matter if it's all in one visit...what they care about is that you're spending more time in your home Country than you are in the US. Again, it is still up to the POE officer.

So, I am engaged right now. If I marry my American fiance in Canada before we BOTH try to head back to the US, I can just stay there with him for up to six months? I am pretty young and feel slightly naive to this process. Sorry if it seems like I just repeated my last question.

[iLoveAPolishGirl 0]

Dixie,

A B-2 visa is a visa used to vist the US for pleasure. It is REQUIRED for people of certain countries, option for people of others... such as Canada.

The main difference seems to be the length of time you may stay while visiting the US.

dvc

[dixie2028 0]

I have a similar question.

My fiance is here visiting me in Canada right now(has been for the past two months) from Texas, and is planing to stay until the six month date, not working, just visiting with money he had saved. Anyway, we want to get married in a church in July and would both prefer to move back after we get married. We are aware that I will have to apply for a greencard ASAP. So, we were thinking that within this week we would go to the courts to get married so we have the offical papers and can start the process sooner rather than later.

What I am really wondering is, is it possible for me to cross the border with him in July and for me to stay in the US not working, but, just living with him until the process is finished and I am(HOPEFULLY)approved of a greencard and then once that is done I can work(whether that takes six months or a year or so)?

Quick answer: yes. As I noted in my reply, if you use a B2 visa, a 6 mo stay will MINIMALLY be authorized for you, possibly up to one year, with the (expensive) option of requesting additional extensions of up to 6 mo each.

However, for a stay request / extension of over 6 mo, I expect you may be grilled to prove your intention of returning to Canada!!

Note, though: if you marry in Canada, I do not believe u can file for a K-1 visa, so you are posting in the wrong forum ... you would, I believe file, an I129F for a K-3 visa and an I130 for perm residency at the same time. The process is different, so see the timelines / info on this site for that journey. I believe you must maintain a perm residence in Canada WITH NO INTENTION TO ABANDON for the entire processing time until either the K-3 or perm residency is granted. An in person interview in the Canadian consulate will be required.

dvc

We wont be marrying in Canada. I have two kids here and he will be moving here with me into Michigan. Thanks for your help though.

[KimandRuss 0]

You do not need a b visa...i'm not even sure why it was mentioned here.

Canadian residents can stay in the US without a visa for up to 6 months.

You can marry him wherever you like BUT he can not stay in the US for more than the time allowed and he can not enter with the intent of immigrating.

So, he can not knowingly enter the US and adjust status based on marriage to a USC... well, he can... but it's illegal and punishable by a ban.

If you marry him in Canada, it's likely he will be asked about this at POE and having a US spouse certainly sends up some red flags for the question of intent. Although it is possible and people do do this.

If you marry him then you can not file for a K-1 visa as it is a fiance visa. Please read the guides and familiarize yourself with the process then make the choice that works best for your situation.

If you choose K-1 then yes, he can travel to visit you here in the US whilst you await the process. Canadians can do this without a visa. Many do just this BUT there is always the chance that he will be turned back ('allowed to withdraw his petition to enter the US') if the POE officer thinks there is intent to immigrate. That's why he must bring ties to Canada.

Visit the Canadian regional thread that Carla posted above and have a chat with those good folks. They can help you understand coming back and forth over the border from that Country.

good luck whatever you choose and welcome to vj.

[iLoveAPolishGirl 0]

Where you marry decides how and what you file. If you marry abroad, you would file for a K-3 visa or go the DCF route. If you marry in the US, you would file for K-1 visa. See the VisaJourney info on these options.