Need Immediate Advice!

[peppermint27 0]

Hello,

I am an American citizen and my fiance is a Belgian citizen. We have been in a relationship for six years and have been residing together in Canada for the past 15 months.

I applied for my PhD at a Canadian university in December and was made certain of my acceptance by my professors. Our plan was to get married and have my fiance apply for resident status in Canada through my Study Permit. However, because of the economic situation, the university could not offer funding to any non-Canadian students and therefore could not accept me as they only accept students they can fully fund. In mid-April, I was accepted to a university in the U.S.

We are planning to move to the U.S. in a week and have already secured an apartment together with a joint-lease. We thought we would be able to get married this summer in the U.S. and that my fiance could then apply to change his status and remain in the U.S. Because of suddenness of our situation, we did not have enough time to apply for a fiance visa and therefore my fiance will be entering as a tourist. We would like to be able to marry and immediately apply for a status change without my fiance having to return to Belgium. Since he has been in Canada for 15 months, he has no job, no apartment or anything in Belgium. He would be forced to sleep on a mattress in his parent's attic and would not be able to find a job in the short period while waiting for the fiance visa to process. I would be forced to give up my apartment in the U.S.

Is there any way that we can marry and my fiance can stay in the U.S. legally?

Would it make more sense to marry in Canada and then enter the U.S. together as a married couple?

We cannot be apart any longer and I need your advice!

Thanks!

[payxibka 10,048]

if you are intending to use a non-immigrant entry (ie..tourist visit) as a part of plan to immigrate, it is a direct circumvention of immigration law.

Edited May 22, 2009 by payxibka

[YuAndDan 153]

Hello,

I am an American citizen and my fiance is a Belgian citizen. We have been in a relationship for six years and have been residing together in Canada for the past 15 months.

I applied for my PhD at a Canadian university in December and was made certain of my acceptance by my professors. Our plan was to get married and have my fiance apply for resident status in Canada through my Study Permit. However, because of the economic situation, the university could not offer funding to any non-Canadian students and therefore could not accept me as they only accept students they can fully fund. In mid-April, I was accepted to a university in the U.S.

We are planning to move to the U.S. in a week and have already secured an apartment together with a joint-lease. We thought we would be able to get married this summer in the U.S. and that my fiance could then apply to change his status and remain in the U.S. Because of suddenness of our situation, we did not have enough time to apply for a fiance visa and therefore my fiance will be entering as a tourist. We would like to be able to marry and immediately apply for a status change without my fiance having to return to Belgium. Since he has been in Canada for 15 months, he has no job, no apartment or anything in Belgium. He would be forced to sleep on a mattress in his parent's attic and would not be able to find a job in the short period while waiting for the fiance visa to process. I would be forced to give up my apartment in the U.S.

Is there any way that we can marry and my fiance can stay in the U.S. legally?

Would it make more sense to marry in Canada and then enter the U.S. together as a married couple?

We cannot be apart any longer and I need your advice!

Thanks!

This is VISA FRAUD, a Fiancee visa is for this purpose, a visitors visa is NOT. If this were allowed then there would be no need for a K-1 visa.

Do the correct thing apply for a K-1, you could have fiancee visit the USA until the expiration on visit, and then return home and interview for the correct visa. OR you could simply marry NOW and apply for a spousal CR-1 visa. This visa is work authorized and can save you $900 in fees over the K1.

[john & jean 37]

HAD HE ENTERED ON A TOURIST VISA WITHOUT THE INTENT TO BE MARRIED, THEN GOTTEN MARRIED, NO PROBLEM!

HOWEVER, WHAT YOU DESCRIBED IS IMMIGRATION FRAUD.

[peppermint27 0]

Thanks for your response! We definitely do not want to do anything illegal. So, if we enter the U.S. in a week and apply for a fiance visa immediately, can my fiance stay as a tourist for three months while the visa is processing and then return to Belgium when his visa expires and stay out the latter part of the processing time in Belgium? Or, does he have to be in Belgium during the entire time the K-1 is processing?

[YuAndDan 153]

Thanks for your response! We definitely do not want to do anything illegal. So, if we enter the U.S. in a week and apply for a fiance visa immediately, can my fiance stay as a tourist for three months while the visa is processing and then return to Belgium when his visa expires and stay out the latter part of the processing time in Belgium? Or, does he have to be in Belgium during the entire time the K-1 is processing?

YES,

FAQ:

3.15)...Can I, while my fiancee will apply for a I-129F package, be with her in the US ? So we can stay together while the application is being processed or do I have to go to back home again ?

A..As long as you do not go beyond your visa expiration date and leave in plenty of time to do your part of the application then it should be ok. Many couples file the I-129F while the fiance(e) is in the US. However, the visa application itself is accomplished in the fiance(e)s home country, so the fiance(e) must return home to complete the visa application process and the interview at the US Consulate. So the bottom line is that you should follow all USCIS rules if you are here int he US and if your visa requires you to return home on a certain date that you do so on time.

http://www.visajourney.com/faq/k1k2visa-I129f.html#3.15

[peppermint27 0]

Thanks so much! Do you have any sense of how long the various stages of the K-1 visa process take? In other words, how long will my fiance have to stay in Belgium before he can return legally to the U.S.? Also, since he will not have a job in Belgium will this pose a problem in the application process?

Basically, like most people, we just want to minimize the time we have to be apart!

[YuAndDan 153]

Thanks so much! Do you have any sense of how long the various stages of the K-1 visa process take? In other words, how long will my fiance have to stay in Belgium before he can return legally to the U.S.? Also, since he will not have a job in Belgium will this pose a problem in the application process?

Basically, like most people, we just want to minimize the time we have to be apart!

http://www.visajourney.com/forums/index.ph...amp;page=k1flow

http://www.visajourney.com/timeline/k1list...um&dfile=No

Again, if I were doing this, I would NOT be doing a K-Visa, I would get married and file I-130 for a CR-1 Spousal visa, this is $800-900 less in fees, and takes a little longer to get. CR-1 gets GREEN-CARD upon entry, NO ADJUSTMENT OF STATUS.

Edited May 22, 2009 by YuAndDan

[Ed+Cindy 1]

Hello,

I am an American citizen and my fiance is a Belgian citizen. We have been in a relationship for six years and have been residing together in Canada for the past 15 months.

I applied for my PhD at a Canadian university in December and was made certain of my acceptance by my professors. Our plan was to get married and have my fiance apply for resident status in Canada through my Study Permit. However, because of the economic situation, the university could not offer funding to any non-Canadian students and therefore could not accept me as they only accept students they can fully fund. In mid-April, I was accepted to a university in the U.S.

We are planning to move to the U.S. in a week and have already secured an apartment together with a joint-lease. We thought we would be able to get married this summer in the U.S. and that my fiance could then apply to change his status and remain in the U.S. Because of suddenness of our situation, we did not have enough time to apply for a fiance visa and therefore my fiance will be entering as a tourist. We would like to be able to marry and immediately apply for a status change without my fiance having to return to Belgium. Since he has been in Canada for 15 months, he has no job, no apartment or anything in Belgium. He would be forced to sleep on a mattress in his parent's attic and would not be able to find a job in the short period while waiting for the fiance visa to process. I would be forced to give up my apartment in the U.S.

Is there any way that we can marry and my fiance can stay in the U.S. legally?

Would it make more sense to marry in Canada and then enter the U.S. together as a married couple?

We cannot be apart any longer and I need your advice!

Thanks!

Can you marry in Canada and file at the consulate for an CR-1 visa. As long as your fiance/spouse has some sort of legal status in Canada, you should be able to. That is much better than the K-1 route. You need to marry and file before you (the USC) leaves Canada. Your spouse may have to wait a little while in Canada, but it is much much quicker than the K-1 route.

[peppermint27 0]

At the moment, my spouse is in Canada as a tourist. Would it still be possible?

[payxibka 10,048]

At the moment, my spouse is in Canada as a tourist. Would it still be possible?

Your SPOUSE? I thought you were considering a fiance(e) visa... If he is your spouse then the K-1 is out...

I doubt you are eligible for consulate filing because of his lack of permanent status in Canada....