Jump to content
Sign in to follow this  
solayide

U.S. Citizen filing for Canadian Asylee

4 posts in this topic

Recommended Posts

I need help in deciding how to go about bringing my fiance to the United States. He is currently in Canada and just

filed his asylum papers, he hasn't gone to court yet (I heard it takes up to 2 years for him to be granted asylum).

My questions are these:

1. Will his status in Canada matter to the U.S. embassy

2. Should I marry him in Canada and file a K3 visa or file a k1 visa and get married in the U.S. i.e. which

process is faster?

3. Does he have to be granted an asylee in Canada before I can file for him.

I'm really confused because I don't know how the Canadian system works.

Share this post


Link to post
Share on other sites

Yes, he must show he is legally able to be in Canada. If he has a pending asylum case, I assume he is in Canada legally correct?

Since there is no more K3 visa, this is not an option for you. The K-1 is slightly faster as you can bypass the NVC stage which can take a few months to go through. However, there is a substantial additional cost to adjust status once inside the US to a permenant resident with a K-1 visa

No, you can petition for him now. Follow the guides to help you through the K-1 process

http://www.visajourney.com/content/k1guide

http://www.visajourney.com/content/k1flow

http://www.visajourney.com/content/k1tips

What part of Canada is your fiance from? Westerners will interview in Vancouver and Easterners will interview in Montreal. There are only 2 consulates that do K-1 visas in Canada and Montreal is dreadfully slow.

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

Share this post


Link to post
Share on other sites

Thanks for the reply Canadianwife.

He is legally in Canada. He lives in either Ontario or Toronto....I always mix these two up (sorry).

If we get married in Canada, how long will it take to get him to the U.S.

Share this post


Link to post
Share on other sites

Well, that is like saying he lives in Atlanta or Georgia. Toronto is IN Ontario so he can live in both.

If you marry, it will take about 8 - 12 months to get the visa. If you marry in Ontario, you must wait 6-8 weeks after the wedding to file in order to obtain the marriage certificate.

You'll petition for the Cr-1 visa if you marry then petition

http://www.visajourney.com/content/i130guide1

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

Share this post


Link to post
Share on other sites
 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
Sign in to follow this  
- Back to Top -


Important Disclaimer: Please read carefully the Visajourney.com Terms of Service. If you do not agree to the Terms of Service you should not access or view any page (including this page) on VisaJourney.com. Answers and comments provided on Visajourney.com Forums are general information, and are not intended to substitute for informed professional medical, psychiatric, psychological, tax, legal, investment, accounting, or other professional advice. Visajourney.com does not endorse, and expressly disclaims liability for any product, manufacturer, distributor, service or service provider mentioned or any opinion expressed in answers or comments. VisaJourney.com does not condone immigration fraud in any way, shape or manner. VisaJourney.com recommends that if any member or user knows directly of someone involved in fraudulent or illegal activity, that they report such activity directly to the Department of Homeland Security, Immigration and Customs Enforcement. You can contact ICE via email at Immigration.Reply@dhs.gov or you can telephone ICE at 1-866-347-2423. All reported threads/posts containing reference to immigration fraud or illegal activities will be removed from this board. If you feel that you have found inappropriate content, please let us know by contacting us here with a url link to that content. Thank you.
×