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bjaminh

Processed too quickly??

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Hello!

My fiancee and I are just starting to gather documents now for the initial submission. We still have a lot to learn but one problem stick out in my mind that I need to settle, although the actual issue is far off...

I (the foreigner) have one more year of study in Canada. My understanding is that after approval at my interview, I will have 6 months to enter the USA, then 90 days to Marry. Theoretically, what happens if I am approved MORE than 6 months before the end of my school year? Would I be able to either apply for an extension to the 6 month rule or apply to be allowed to re-enter Canada soon after the wedding?

I'm sort of an opposite case where I would be worried about the applications being processed too quickly.

Thanks!

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You, for the k-1 visa from Canada, are looking at maybe 8 months, longer if you will be interviewing in Montreal (what part of Canada are you from? Westerners will interview Vancouver and Easterners will interview in Montreal). Your case can be slowed down by not returning documents to the consulate right away.

I suggest your fiance petitions now. Then when your case progresses and you are required to submit futher documents after the USCIS approval but before the interview, you delay this. This will delay your case allowing you more time to finish your studies. Then, once the visa is issued, you will have 6 months to use it.

Once you enter the US you may leave at any time. However, note that the K-1 is a single entry visa meaning you can only use it one to enter the US. You cannot enter the US again until you have Advanced Parole which you apply for after you are married and have filed your adjustment of status.

Good luck


USCIS
August 12, 2008 - petition sent
August 16, 2008 - NOA-1
February 10, 2009 - NOA-2
178 DAYS FROM NOA-1


NVC
February 13, 2009 - NVC case number assigned
March 12, 2009 - Case Complete
25 DAY TRIP THROUGH NVC


Medical
May 4, 2009


Interview
May, 26, 2009


POE - June 20, 2009 Toronto - Atlanta, GA

Removal of Conditions
Filed - April 14, 2011
Biometrics - June 2, 2011 (early)
Approval - November 9, 2011
209 DAY TRIP TO REMOVE CONDITIONS

Citizenship

April 29, 2013 - NOA1 for petition received

September 10, 2013 Interview - decision could not be made.

April 15, 2014 APPROVED. Wait for oath ceremony

Waited...

September 29, 2015 - sent letter to senator.

October 16, 2015 - US Citizen

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After you marry, along with AOS you may apply for Advance Parole http://www.visajourney.com/wiki/index.php/Advance_Parole to travel, but it takes time to process. ("As of late 2007 AP's were taking up to 100 days to be issued").

It's possible to reschedule your interview date, though if you're going through Montreal I don't recommend that, because people are waiting 5-7 months for a rescheduled interview.

It's also possible to be approved at the interview but then have them hold off issuing the visa. From trailmix's post here: http://www.visajourney.com/forums/topic/264181-visiting-us-after-k-1-is-approved/page__view__findpost__p__4051359

"A few have requested, at their Montreal interview, that their visa not be issued until later - basically you mail in your passport when you are ready to have it issued. Be forewarned though that Montreal is very slow in getting through mail, it can take weeks and weeks for them to get to additional documents that are mailed in(...)"

As canadian_wife said, the easiest way for you to hold off the interview once the process is started is, once you get Packet 3, to not send it back right away.

Good luck!


~ Long version of K-1 timeline in profile "About Me" ~

November 2007 - Met on Tortus server of Rappelz

3 October 2009 - Met IRL

13 November 2010 - POE Lewiston NY

28 November 2010 - Married!

23 December 2010 - Filed for AOS/EAD/AP

31 January 2011 - walk-in Biometrics

04 March 2011 - Green Card Production ordered - no interview

05 December 2012 - Mailed I-751

VJsig.png

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