Pease help me!! Need to file yesterday!

[aloren 0]

Hello! I am so so confused and could really use some help before I send in my K1 form. My fiance is a Canadian citizen and I am a US citizen. We met in the US and fell in love and I moved up here to Canada 6 months ago on a non-renewable work permit. I am currently working and have a new work permit being processed right now. Chances are that the labour market opinion will come back negative because of the recession and I will need to go down to the US and then come back up here as a visitor. My fiance has a contract to work here until June and we are both dying to move down to the States as soon as possible after June 1st. We decided that K1 is probably the best way to go because we need to stay here and save up money for our move until summer. Obviously we are trying to find the cheapest, fastest way for my fiance to enter the US and be able to work ASAP. Is K1 the best way to go? It seems to make the most sense since we would like to get married sometime this summer and we are stuck up here until at least June trying to save up money. Some people are telling me that K1 takes 4-6 months, other sources are saying 8 months. I do not want to stay here until September and I don't want to go back home without my fiance! What is the best option for us?? Would the K1 process be quicker for us since we are in Canada and not overseas? Would it be better to marry now in Canada or in the US? Please help us!!

[Harpa Timsah 13,258]

The K-1 is not a good visa if you want to be able to work right away. After entry on a K-1, you marry, THEN you file for adjustment of status and wait a few more months before work is authorized. It is also more expensive, and right now it is taking about 5-6 months for the petition to be approved, then another 3-5 months if you have to be interviewed at Montreal. Timings could change, however. If you are nearer to Vancouver, K-1 may be faster, but same issue applies with not being able to work right away.

If you want to work right away, consider marrying now (civil ceremony now and large party with family later is fine) and filing a spousal visa. The timing is about the same (maybe a month longer), but this visa grants permanent resident status and therefore work authorization on entry.

Another thing to consider, you can see if you qualify to file directly through the consulate there, called Direct Consular Filing (DCF). This is a faster way, however, if you are only on a temporary work permit, I would think you do not qualify, but as I am not familiar with all of the rules, it's best to check.

Also, check the guides on the top of the page. Good luck.

Edited February 2, 2011 by Harpa Timsah

[canadian_wife 1,791]

Being from Canada does not impact your process any. Look at 8-12 months from start to finish for this process. It took ours 10 months!

If your looking for work ASAP you're looking at a spousal visa. K-1 requires the beneficiary to marry and file AOS and apply for the EAD before work is available. This can take up to 90 days after entering the US.

You CANNOT stay in Canana without authorization. However, you could marry now and file for a spousal visa directly with the consulate. This is your quickest way and allows your (current) fiancee to work as soon as she enters the US.

However, Montreal is VERY VERY VERY strict about domicile in the US - this means the US citizen must prove they have moved to the US already. Generally this requires the USC to have a home and a job in the US before the beneficiary can immigrate. They are, again, VERY stict about this. Without successfully proving domicile, your fiancee will not be able to immigrate. Because of this, it is unlikly that ZERO separation will be had

You have a lot of reading to do. You can only file DCF (directly with the consulate) if you are legally living in Canada (as in not as a tourist).

Further...cheapest? The K-1 is almost $1000 more expensive than the spousal visa

Good luck

Look at the guide http://www.visajourney.com/content/compare to help you compare visas

[Harpa Timsah 13,258]

Canadian Wife brings up a good point on domicile. Here is a link http://www.visajourney.com/forums/topic/164618-proving-domicile-when-not-living-in-the-us/

Is that information up to date, Canadian wife? Thanks.

[canadian_wife 1,791]

Yes, thanks Harpa, that links shows what you need and tells the stories of a lot of people who were denied for not having domicile

Good luck

[aloren 0]

Oh my god. What is this about an interview in Montreal? We are living in Vancouver. I read about the direct filing and I am not a Canadian resident, so this would not work out. I guess we could wait 90 days after entering the US for my fiance to begin working, since he is saving up money now so that we have some safety cushion. My other question is about the 134 financial support form. I am working in Canada now so obviously I don't have a job in the US and it will likely take me a while to find one. Could I have a family member fill out this form for him? I was about to mail in my form to start K1 but now I am feeling completely shattered. The most important thing for us is to not be seperated and to move back to the US as soon as possible. It sounds like if the K1 takes 5-6 months and then we can go to the US together, this would be better than waiting for 10 months while living apart. This is so ridiculous! I live a couple hours south from here! I really appreciate the help! Also, wouldn't our case be helped since we are living here together and have been for the past 6 months? Obviously it isn't a scam relationship. Would this mean that we wouldn't have to do this interview in Montreal? Wow I am as confused as ever.

[aloren 0]

Also, what did you mean when you said that I CANNOT stay in Canada (canadian wife)? I am here legally on a work permit and immigration told me if the new permit gets denied I can just go back to the US for a day and then enter Canada as a visitor for 6 months. I was under the impression that I could wait here while the K1 is being processed. THANKS!!

[Harpa Timsah 13,258]

Oh my god. What is this about an interview in Montreal? We are living in Vancouver. I read about the direct filing and I am not a Canadian resident, so this would not work out. I guess we could wait 90 days after entering the US for my fiance to begin working, since he is saving up money now so that we have some safety cushion. My other question is about the 134 financial support form. I am working in Canada now so obviously I don't have a job in the US and it will likely take me a while to find one. Could I have a family member fill out this form for him? I was about to mail in my form to start K1 but now I am feeling completely shattered. The most important thing for us is to not be seperated and to move back to the US as soon as possible. It sounds like if the K1 takes 5-6 months and then we can go to the US together, this would be better than waiting for 10 months while living apart. This is so ridiculous! I live a couple hours south from here! I really appreciate the help! Also, wouldn't our case be helped since we are living here together and have been for the past 6 months? Obviously it isn't a scam relationship. Would this mean that we wouldn't have to do this interview in Montreal? Wow I am as confused as ever.

Okay, if you live in Vancouver, then K-1 may be better for you because Montreal has a huge backlog for interviews. Also, Vancouver does not do spousal visas at all, so perhaps K-1 is better for you for that reason (avoid Montreal if you can, go faster that way). We are trying to tell you that there are tons of more steps to a K-1 visa then just the visa itself. After moving to the US, there are more fees ($1070) and more waiting in order to work. Regarding the I-134, yes you can have a co-sponsor. Your fiance can also visit you while the K-1 is processing.

Edited February 2, 2011 by Harpa Timsah

[canadian_wife 1,791]

Although you are living and working in Canada, you still need to file US taxes

Read my post again, I said you cannot live in Canada WITHOUT AUTHORIZATION. meaning do not overstay.

K-1 seems to be your way, Vancouver and Montreal only do K visas, if you were looking at a spousal visa, Montreal is the only consulate that does spousal visas

Also, my post said 90 days AFTER you marry and file your AOS. It could be longer than 90 days for you to get your work authorization after you enter the US.

You will STILL have a domicile issue. I suspect separation is in your future, the sooner you accept that the sooner you'll be willing to accept this process

Good luck

Edited February 2, 2011 by canadian_wife

[aloren 0]

Thanks everyone for your help! I am still confused about why I will have a domicile issue...I am living in Canada legally for at least 2 more months, then will either get a new permit or stay as a visitor for 8 months. Do I need to be in the US at some point in order to do this without screwing it up?

[Ryan H 3,790]

Thanks everyone for your help! I am still confused about why I will have a domicile issue...I am living in Canada legally for at least 2 more months, then will either get a new permit or stay as a visitor for 8 months. Do I need to be in the US at some point in order to do this without screwing it up?

The domicile issue people are pointing out is a US domicile issue. If you do not have a US domicile, your fiance will not be allowed to immigrate. Question #14 on the I-129F asks: "Address in the United States where your fiance(e) intends to live?"

[aloren 0]

What does this mean? My address is in Canada right now..for question 14 I wrote the address where I used to live where we will stay when we move back. ??

[aloren 0]

What if we just went down to the US, got married and then came back up here to wait? Would that be a better option? Now I am very confused about whether to do K1 or to get married and apply the other way. We spoke to a lawyer who made it seem like this process was no big deal but now I am realized that it is a really big complicated deal!

I thought that domicile was only an issue with the visas for married couples. I haven't seen any info about needing to have domicile in order for my fiancee to enter the US on K1.

[Aztec&Taino 144]

What if we just went down to the US, got married and then came back up here to wait? Would that be a better option? Now I am very confused about whether to do K1 or to get married and apply the other way. We spoke to a lawyer who made it seem like this process was no big deal but now I am realized that it is a really big complicated deal!

I thought that domicile was only an issue with the visas for married couples. I haven't seen any info about needing to have domicile in order for my fiancee to enter the US on K1.

[/quote

I think it would be best for you to carefully read the VJ guides and charts which explain the differences between the K1 and CR1 visa (fiancee and spousal visas) so that you can understand differences in costs and benefits. You do not need to hire a lawyer if you are willing to read up on the process and become informed. Fortunately, VJ is a community of do-it-yourself sort of people, so we could help answer your questions along the way.

[Ryan H 3,790]

What does this mean? My address is in Canada right now..for question 14 I wrote the address where I used to live where we will stay when we move back. ??

The answer to question #14 on the I-129F is the address you will live at when you go back to the US. In other words, do you have the keys to an apartment or house at present? If not, then you do not have an answer to that question.

I thought that domicile was only an issue with the visas for married couples. I haven't seen any info about needing to have domicile in order for my fiancee to enter the US on K1.

Read the link Harpa Timsah posted for the domicile issue.