American marrying a Canadian

[TimandJoyce 1]

CBR, thank you so much for your reply. I needed it spelled out to me. K-1 it is. We just want to be together (surprise! lol) and I can support her financially until she gets her papers processed to legally work.

I guess the only question I have left (for now) would be when should I file the K-1 if we want to get married next May? It seems our wedding date will be limited to a 6 month + 90 day time period from when the forms actually get processed.

Yes, you're right about the time line. When she gets the visa, she has 6 months to cross the border. But once she crosses, then the visa is "activated" and she now only has 90 days to get married. It's almost June. I'd say get your things together, read the guides carefully and send it in!! Mine and Tim's took 3.5 months to the NOA2, but my interview at the Vancouver Consulate isn't until June 23rd, so basically, 6 months from the time we initially sent in the files. We used Vermont. Some Canadians have been sooner in approval, some later than us. One just never knows these things. If you send now, perhaps her interview will be around December. Depending on factors, she could move in April, which is still within her time limit.

[CBR 0]

I would get engaged and file asap. I know it's not exactly the way you had it planned, but if you want a May 2010 wedding...the sooner you file the better.

Look at the timelines for your service center (based on which state you live in), and the timelines for k-1 interviews for the consulate she'll go to (based on her location in canada). That will tell you better than anything can if it's possible.

[Danu 19]

CBR, thank you so much for your reply. I needed it spelled out to me. K-1 it is. We just want to be together (surprise! lol) and I can support her financially until she gets her papers processed to legally work.

I guess the only question I have left (for now) would be when should I file the K-1 if we want to get married next May? It seems our wedding date will be limited to a 6 month + 90 day time period from when the forms actually get processed.

As things are being a little slow right now, i would suggest putting in the paperwork now, knowing that you have 6 months to use it and 90 days to get married after that. This way even if you get approved early you have it in hand instead of waiting. Its taking about 8-10 months or so to get approved at the moment for visas that arent put into Advanced Processing. We put ours in in March, and I'm not expecting the whole process to be over till October at the earliest.

[laura819 0]

CBR, thank you so much for your reply. I needed it spelled out to me. K-1 it is. We just want to be together (surprise! lol) and I can support her financially until she gets her papers processed to legally work.

I guess the only question I have left (for now) would be when should I file the K-1 if we want to get married next May? It seems our wedding date will be limited to a 6 month + 90 day time period from when the forms actually get processed.

Another possible option you have would be to file now. Go through the NOA1/NOA2/NVC processes...and then, when you get your Packet 3, don't send it back right away, if you need to delay the visa a bit. You could ask if Canada allows this...I know many people going through London that did this.

Just an idea!

[Danu 19]

CBR, thank you so much for your reply. I needed it spelled out to me. K-1 it is. We just want to be together (surprise! lol) and I can support her financially until she gets her papers processed to legally work.

I guess the only question I have left (for now) would be when should I file the K-1 if we want to get married next May? It seems our wedding date will be limited to a 6 month + 90 day time period from when the forms actually get processed.

Another possible option you have would be to file now. Go through the NOA1/NOA2/NVC processes...and then, when you get your Packet 3, don't send it back right away, if you need to delay the visa a bit. You could ask if Canada allows this...I know many people going through London that did this.

Just an idea!

They do allow it. Keep in mind if she will be going through Montreal that right now they are booking about 3 months back so if you got your NOA2 in October lets say, odds are unless Montreal speeds up that her interview wouldnt be until January/February anyway. If you delay the return you can push that back. Theres also been some ppl who got approved and asked if they could wait a month or 2 to pick up the visa as they weren't ready to move due to work/housing whatever. Not sure on the timeline for Vancouver, but you should be able to do the same thing through them.

[laura819 0]

CBR, thank you so much for your reply. I needed it spelled out to me. K-1 it is. We just want to be together (surprise! lol) and I can support her financially until she gets her papers processed to legally work.

I guess the only question I have left (for now) would be when should I file the K-1 if we want to get married next May? It seems our wedding date will be limited to a 6 month + 90 day time period from when the forms actually get processed.

Another possible option you have would be to file now. Go through the NOA1/NOA2/NVC processes...and then, when you get your Packet 3, don't send it back right away, if you need to delay the visa a bit. You could ask if Canada allows this...I know many people going through London that did this.

Just an idea!

They do allow it. Keep in mind if she will be going through Montreal that right now they are booking about 3 months back so if you got your NOA2 in October lets say, odds are unless Montreal speeds up that her interview wouldnt be until January/February anyway. If you delay the return you can push that back. Theres also been some ppl who got approved and asked if they could wait a month or 2 to pick up the visa as they weren't ready to move due to work/housing whatever. Not sure on the timeline for Vancouver, but you should be able to do the same thing through them.

Thanks for the confirmation Danu!

[Marina-Del 10]

Someone correct me if I'm wrong, but I think you can also apply for an extension on the K-1 visa. Am I remembering correctly? Like it is good for 6 months after it is issued, but I *think* you can get that extended if you need to (assuming you have a reason). Plus as others stated, you can wait to send in Packet 3. Or, ask them to reschedule your interview for a later date.

Basically, apply now!

But remember, with K-1 (unless you get Advanced Parole) no leaving the US until she has the green card, which takes about 3 months. My advice is to just wait until she gets the green card. Do a weekend away in the states somewhere near your house and then take a big honeymoon later.

[norftown 0]

Thanks for all the replies. Its been a huge help in deciding to do the K-1. Now I'm trying to determine her travel restrictions at which times during the process. For instance once the K-1 approval has been issued can she come to the US for a week on her passport and not use the K-1? What about while the K-1 application is being processed for the next 6 months?

[laura819 0]

Thanks for all the replies. Its been a huge help in deciding to do the K-1. Now I'm trying to determine her travel restrictions at which times during the process. For instance once the K-1 approval has been issued can she come to the US for a week on her passport and not use the K-1? What about while the K-1 application is being processed for the next 6 months?

Generally, once the K-1 visa is in her passport, she will need to enter using that. However, I think I may have read some instances where Canadians have been able to enter without activating the visa (I have ONLY seen this for Canadians). So its possible, but its not something I would personally risk. As for while the application is being processed, she can definitely come visit you, but make sure she brings proof of ties to Canada.

[Gemmie 142]

I agree that you should get engaged and file ASAP. We wanted to be together in June 2009 so applied last August - we only recieved our K1 visa a few weeks ago! The process is so unpredictabel that you should give time as a back-up. As someone said, you can always delay it once things are going smoothly and quickly, but you can never speed it up.

Congrats on your (future) engagement.

We've visited each other in America and England several times through this process, just make sure it doesn't look like she's illegally trying to emigrate.

[JimVaPhuong 4,864]

Thanks for all the replies. Its been a huge help in deciding to do the K-1. Now I'm trying to determine her travel restrictions at which times during the process. For instance once the K-1 approval has been issued can she come to the US for a week on her passport and not use the K-1? What about while the K-1 application is being processed for the next 6 months?

Generally, once the K-1 visa is in her passport, she will need to enter using that. However, I think I may have read some instances where Canadians have been able to enter without activating the visa (I have ONLY seen this for Canadians). So its possible, but its not something I would personally risk. As for while the application is being processed, she can definitely come visit you, but make sure she brings proof of ties to Canada.

That was probably because a passport wasn't needed to go between Canada and the US. That changes on June 1. When they run her passport through the computer at the border they'll probably know she's got a valid K1, even if they don't flip through the passport and actually see it. Not speaking from experience - I just know they've got this info in their computers.

Every foreigner coming into the US is presumed to have immigrant intent, which is why they have to show strong ties to their home country to visit here. Once she's got that K1 visa then the presumption becomes fact - they KNOW she intends to immigrate. I don't think they'd allow her to come in as a visitor while the K1 is still valid. I think they'd require her to use the K1 to enter.