Jump to content
Sign in to follow this  
badspellor

USC marrying Canadian June '07 - what to do?

20 posts in this topic

Recommended Posts

Hello everyone and thanks for reading this!

I'm at the beginning of what looks like will be a long and arduous journey of delving through the process of bringing my significant other to the US. Previously, I've read that getting a K-3 would take about 3 months. Now that I'm reading real world accounts of the process, it seems that from start to finish, it is more like 6 months, or even longer! This is not good because my status in Canada expired the end of June so I moved back to the states and started work and we're going to be apart during this long time as it is! Being apart another 6 months after we're married is just unthinkable!

We're getting married in Canada. I love it there, her family is 4x the size of mine so it is more practical to have the wedding there, it's all planned and paid for. I guess this means a K-1 is out of the question. I thought about going through all the motions in Canada but then coming to the states and getting the official marriage done in a courthouse just to go the K-1 route but my fiancee doesn't like that idea. I don't know how it would work if we went through the marriage there but never got the paperwork done to make our marriage legal in the states if we would be able to get married a second time in the states whether that'd be an option or not. For a K-1, the marriage does have to take place in the US, right?

For a K-3, is it possible to do any of the filing BEFORE the marriage? If I could at least get the ball rolling now and then finish whatever forms I'm missing that would require the actual marriage certificate after we're married then perhaps the time she'd have to spend away would be minimal. If not, what about her coming back with me as a visitor, then filing the K-3 paperwork from the states and have her return to Canada when she's required to show at the consulate. What is the time frame from the first appearance at the consulate to final visa approval? What forms for the K-3 have to be approved before you're allowed to enter the US? All of them?

Thank you very much in advance for your replies. There's so much information on the net about this it is like drinking from a fire hydrant and I'm just trying to make sense of it all.

Share this post


Link to post
Share on other sites

Unfortunately I have only ever heard of applications for relatives or fiance(e)s. I know it's a rough situation to be in, but I can definitely sympathize.

My husband and I are both Canadian, and I became a U.S. citizen last month. We were married in July 2005, and I have been living in Kentucky and he has been living in Toronto. It SUCKS. But at least you are already a citizen, and have more options than I did.

I have heard that you could have a ceremony somewhere else and have the legal ceremony in the U.S. to comply with the K1 - but it is possible that a border officer will decide that you are already married based on what he/she hears, and not let her in on a K1.

It seems to me that your best options are K1 with the legal ceremony in the U.S., or K1 and have the full wedding in the U.S. What about having it in a border city like Seattle? Depending on where your fiancee lives, to make it easier for her family to come.

I hope this helps, I know it can be very overwhelming. But I would suggest deciding as fast as possible, b/c any delay will keep you apart longer. Good luck!

Hello everyone and thanks for reading this!

I'm at the beginning of what looks like will be a long and arduous journey of delving through the process of bringing my significant other to the US. Previously, I've read that getting a K-3 would take about 3 months. Now that I'm reading real world accounts of the process, it seems that from start to finish, it is more like 6 months, or even longer! This is not good because my status in Canada expired the end of June so I moved back to the states and started work and we're going to be apart during this long time as it is! Being apart another 6 months after we're married is just unthinkable!

We're getting married in Canada. I love it there, her family is 4x the size of mine so it is more practical to have the wedding there, it's all planned and paid for. I guess this means a K-1 is out of the question. I thought about going through all the motions in Canada but then coming to the states and getting the official marriage done in a courthouse just to go the K-1 route but my fiancee doesn't like that idea. I don't know how it would work if we went through the marriage there but never got the paperwork done to make our marriage legal in the states if we would be able to get married a second time in the states whether that'd be an option or not. For a K-1, the marriage does have to take place in the US, right?

For a K-3, is it possible to do any of the filing BEFORE the marriage? If I could at least get the ball rolling now and then finish whatever forms I'm missing that would require the actual marriage certificate after we're married then perhaps the time she'd have to spend away would be minimal. If not, what about her coming back with me as a visitor, then filing the K-3 paperwork from the states and have her return to Canada when she's required to show at the consulate. What is the time frame from the first appearance at the consulate to final visa approval? What forms for the K-3 have to be approved before you're allowed to enter the US? All of them?

Thank you very much in advance for your replies. There's so much information on the net about this it is like drinking from a fire hydrant and I'm just trying to make sense of it all.


Sandy

Michael's I-130:

NOA1: 5-10-2006----updated w/ citizenship: 9-25-06----had to call back 10/25, touch 10/26

12/06/06 - Approved!- - - 12/08/06 - Touch---01/25/07 - Touch

I130 at NVC

12/14/06 - case number assigned

12/25/06 - DS3032 & AOS Fee Bill Mailed (phone system updated 12/27)

12/27/06 - emailed choice of agent; 12/29/06 - received email from NVC confirming choice of agent!

01/01/07 - NVC generated IV Fee Bill (postmarked 1/17 though!)

01/03/07 - returned AoS Fee Bill via Priority Mail (James' shortcut)

01/15/07 - NVC generated AOS package

01/22/07 - received IV Fee Bill - overnighted back to NVC same day

01/27/07 - recieved I864 package; 01/29/07 - overnighted I864 to NVC

01/29/07 - DS230 generated (phone system not updated, email response 2/5/07)

02/05/07 - mailed DS-230 to NVC via express mail

02/20/07 - CASE COMPLETE!!

04/18/07 - INTERVIEW!!!! - APPROVED!!!!

Michael's K-3:

09/28/06 - NOA1

1/25/07 - approved ...NOA2 via snail mail - 1/29/07

03/16/07 - chose not to return packet 3 to Montreal

Share this post


Link to post
Share on other sites
What about having it in a border city like Seattle? Depending on where your fiancee lives, to make it easier for her family to come.

While 90% of the Canadian population does live within 100 miles of the US border, my fiancee and her family is not one of them :) She is from Newfoundland so it is about 1,000 miles from the closest US border crossing by land. It's not an option, and we'd be out $5k or so on the wedding cancelling this late.

Share this post


Link to post
Share on other sites

What about having it in a border city like Seattle? Depending on where your fiancee lives, to make it easier for her family to come.

While 90% of the Canadian population does live within 100 miles of the US border, my fiancee and her family is not one of them :) She is from Newfoundland so it is about 1,000 miles from the closest US border crossing by land. It's not an option, and we'd be out $5k or so on the wedding cancelling this late.

Just like you suggested. Have the wedding, then have her come back with you. File for the K3 while she is here and return on time. You may have problems entering the US if Immigration thinks she wont be returning if they know you are married.


I finally got rid of the never ending money drain. I called the plumber, and got the problem fixed. I wish her the best.

Share this post


Link to post
Share on other sites

What about having it in a border city like Seattle? Depending on where your fiancee lives, to make it easier for her family to come.

While 90% of the Canadian population does live within 100 miles of the US border, my fiancee and her family is not one of them :) She is from Newfoundland so it is about 1,000 miles from the closest US border crossing by land. It's not an option, and we'd be out $5k or so on the wedding cancelling this late.

Just like you suggested. Have the wedding, then have her come back with you. File for the K3 while she is here and return on time. You may have problems entering the US if Immigration thinks she wont be returning if they know you are married.

This is what we're leaning towards right now. It is a shame that Canada does not have DCF! It seems that it would have been the perfect fit since we're getting married there and I was a resident there for 5 years. So let me get a few things straight:

You can't file for any portion of the K-3 before you're married, right? I noticed that part of it is the 129F which is the same form they use in a K-1. Could you start off with a K-1 and convert to a K-3? I'm probably just unnecessarily complicating things here. It would have to save one heck of a lot of time because once this gets filed, the chance of her ever being admitted under a visitors visa again would be quite low, I'd imagine.

A K-3 from start to finish in the real world we should be expecting about 6 months, right?

Approximately how long from the point where she must show up at the Canadian US consulate until approval to land in the US?

Sorry for all the questions! Thanks for all the replies everyone; I'm learning a lot. :)

Share this post


Link to post
Share on other sites

For a K3 from Canada, 6 months seems to be a reasonable expectation - but there are people who's petitions at the USCIS are currently at the 4-5 month mark, before getting to the NVC and Consulate.

I think your last question was how long from the interview at the Consulate to actually being able to come into the U.S. - and I think the answer is that you can either pick up the visa from the Consulate the next afternoon or have it mailed to you.

What about having it in a border city like Seattle? Depending on where your fiancee lives, to make it easier for her family to come.

While 90% of the Canadian population does live within 100 miles of the US border, my fiancee and her family is not one of them :) She is from Newfoundland so it is about 1,000 miles from the closest US border crossing by land. It's not an option, and we'd be out $5k or so on the wedding cancelling this late.

Just like you suggested. Have the wedding, then have her come back with you. File for the K3 while she is here and return on time. You may have problems entering the US if Immigration thinks she wont be returning if they know you are married.

This is what we're leaning towards right now. It is a shame that Canada does not have DCF! It seems that it would have been the perfect fit since we're getting married there and I was a resident there for 5 years. So let me get a few things straight:

You can't file for any portion of the K-3 before you're married, right? I noticed that part of it is the 129F which is the same form they use in a K-1. Could you start off with a K-1 and convert to a K-3? I'm probably just unnecessarily complicating things here. It would have to save one heck of a lot of time because once this gets filed, the chance of her ever being admitted under a visitors visa again would be quite low, I'd imagine.

A K-3 from start to finish in the real world we should be expecting about 6 months, right?

Approximately how long from the point where she must show up at the Canadian US consulate until approval to land in the US?

Sorry for all the questions! Thanks for all the replies everyone; I'm learning a lot. :)


Sandy

Michael's I-130:

NOA1: 5-10-2006----updated w/ citizenship: 9-25-06----had to call back 10/25, touch 10/26

12/06/06 - Approved!- - - 12/08/06 - Touch---01/25/07 - Touch

I130 at NVC

12/14/06 - case number assigned

12/25/06 - DS3032 & AOS Fee Bill Mailed (phone system updated 12/27)

12/27/06 - emailed choice of agent; 12/29/06 - received email from NVC confirming choice of agent!

01/01/07 - NVC generated IV Fee Bill (postmarked 1/17 though!)

01/03/07 - returned AoS Fee Bill via Priority Mail (James' shortcut)

01/15/07 - NVC generated AOS package

01/22/07 - received IV Fee Bill - overnighted back to NVC same day

01/27/07 - recieved I864 package; 01/29/07 - overnighted I864 to NVC

01/29/07 - DS230 generated (phone system not updated, email response 2/5/07)

02/05/07 - mailed DS-230 to NVC via express mail

02/20/07 - CASE COMPLETE!!

04/18/07 - INTERVIEW!!!! - APPROVED!!!!

Michael's K-3:

09/28/06 - NOA1

1/25/07 - approved ...NOA2 via snail mail - 1/29/07

03/16/07 - chose not to return packet 3 to Montreal

Share this post


Link to post
Share on other sites

It is a shame that Canada does not have DCF!

They do. ;) Check out the DCF forum.

Wow, and I was just looking at that forum earlier today and I missed that sticky! Well that's something else for me to think about. I'm not sure if they'd accept what I have as proof of residency, though. It seems that everyone on the forum has a PR card they used. I had a SA but it expired the end of June. I have a Canadian drivers licence still that's good for a long time, a vehicle registration and a SIN card (one of the older ones without an expiry on it). I never was eligible for MCP (health) not being a PR so I don't have one of those. My satellite utility bill is still active, too. I'll have to call Halifax or Montreal to see if they'd take what I have.

Share this post


Link to post
Share on other sites
This is what we're leaning towards right now. It is a shame that Canada does not have DCF! It seems that it would have been the perfect fit since we're getting married there and I was a resident there for 5 years. So let me get a few things straight:

You can't file for any portion of the K-3 before you're married, right? I noticed that part of it is the 129F which is the same form they use in a K-1. Could you start off with a K-1 and convert to a K-3? I'm probably just unnecessarily complicating things here. It would have to save one heck of a lot of time because once this gets filed, the chance of her ever being admitted under a visitors visa again would be quite low, I'd imagine.

A K-3 from start to finish in the real world we should be expecting about 6 months, right?

Approximately how long from the point where she must show up at the Canadian US consulate until approval to land in the US?

Sorry for all the questions! Thanks for all the replies everyone; I'm learning a lot. :)

You cant submit the evidence incrementally. When you file, you need to submit marriage certificate, etc., at that time. You cant change from a K1 to a K3 without submitting a new petition.

Even doing a DCF, you will need US based income and a US domocile.


I finally got rid of the never ending money drain. I called the plumber, and got the problem fixed. I wish her the best.

Share this post


Link to post
Share on other sites
I don't know how it would work if we went through the marriage there but never got the paperwork done to make our marriage legal in the states if we would be able to get married a second time in the states whether that'd be an option or not. For a K-1, the marriage does have to take place in the US, right?

Applying for a K-1 when you are already married would be a material misrepresentation. Lying on the applications/forms can bring severe penalties including lifetime bars from the U.S.

For a K-3, is it possible to do any of the filing BEFORE the marriage?

No, you cannot submit a petition until after you are married.


05/16/2005 I-129F Sent

05/28/2005 I-129F NOA1

06/21/2005 I-129F NOA2

07/18/2005 Consulate Received package from NVC

11/09/2005 Medical

11/16/2005 Interview APPROVED

12/05/2005 Visa received

12/07/2005 POE Minneapolis

12/17/2005 Wedding

12/20/2005 Applied for SSN

01/14/2005 SSN received in the mail

02/03/2006 AOS sent (Did not apply for EAD or AP)

02/09/2006 NOA

02/16/2006 Case status Online

05/01/2006 Biometrics Appt.

07/12/2006 AOS Interview APPROVED

07/24/2006 GC arrived

05/02/2007 Driver's License - Passed Road Test!

05/27/2008 Lifting of Conditions sent (TSC > VSC)

06/03/2008 Check Cleared

07/08/2008 INFOPASS (I-551 stamp)

07/08/2008 Driver's License renewed

04/20/2009 Lifting of Conditions approved

04/28/2009 Card received in the mail

Share this post


Link to post
Share on other sites

I don't think you're eligible for DCF unless you are living in Canada as a PR.

And trying to find an officient in Canada who "doesn't file the legal part" will be quite difficult. The marriage laws in Canada are a lot diferent than there in the US. If you have a licensed officient perform your wedding, they are required by law to complete the certificates. The only way to have a non-legal binding wedding in Canada is to either do it yourself (no officient) or just have a non-licensed/non-ordained friend stand in where a minister/officient would be. Even then, you rolls the dice, you takes your chances. If any of that gets mentioned on the petitions, applications, at interview or at the POE, they could deny her visa.

And if you get married in Canada, and try to have her go to the US while processing, she may also be denied entry at the border, because what ties will she have to Canada to prove that she'll return? Other than the 2 of you claiming that you're going to the US just then to file the K3 stuff?

You mau just have to suck it up and be apart a few months after the ceremony like the rest of us. Yep, it sucks, but there ya go.


divorced - April 2010 moved back to Ontario May 2010 and surrendered green card

PLEASE DO NOT PRIVATE MESSAGE ME OR EMAIL ME. I HAVE NO IDEA ABOUT CURRENT US IMMIGRATION PROCEDURES!!!!!

Share this post


Link to post
Share on other sites

I had the same decision to make myself not all that long ago. While i now wish we had gone the K1 route, I had the same problem of most of her family in canada, wanted the wedding to be legit and "special".. bla bla..

In hindsite, i think the fastest way imo would have been to file for a K1, have a small courthouse wedding in the states, then have a "Renewal of Vows" for your big wedding in canada (As soon as she's able to cross the border again)


Service Center: Nebraska Service Center

Consulate: Montreal, Canada

First Met:..............................2003-08-14

Proposed:.............................2006-2-10

Marriage:..............................2006-04-29

Marriage License Applied for:..2006-05-08

Marriage License Recieved:....2006-08-15 (bout time....)

_________________________________

I 130

I-130 Sent:......................2006-08-17

I-130 NOA1 issued:..........2006-08-28

Touch:............................2006-08-30

I-130 Check Cashed:........2006-09-01

APPROVED.......................2006-10-24 (68 Days)

Case Number Assigned......2006-11-13

Choice of Agent accepted...2006-11-20 (via email)

IV Bill Generated................2006-11-27

RFE.................................2007-??-??

CASE COMPLETE @ NVC......2007-12-14

INTERVIEW.......................2008-5-7 -- APPROVED AND DONE!

_______________________________

I 129F

I-129F Sent:..................2006-09-05

I-129F NOA1 Issued:......2006-09-11

I-129F NOA1 Recvd:......2006-09-13

Touch:..........................2006-09-14

Touch:..........................2006-09-20

Touch:..........................2006-10-23 (Transfer to CSC)

Touch:..........................2006-10-25

1-129F Approved...........2006-11-29

Packet 3 Recvd..............2006-12-19

Medical.........................2007-01-5

Packet 3 Sent................2007-01-18

Interview Scheduled.......2007-06-19 APPROVED!

Visa in hand..................2007-06-25

Moving Day!..................2007-06-30

Share this post


Link to post
Share on other sites
And trying to find an officient in Canada who "doesn't file the legal part" will be quite difficult. The marriage laws in Canada are a lot diferent than there in the US. If you have a licensed officient perform your wedding, they are required by law to complete the certificates. The only way to have a non-legal binding wedding in Canada is to either do it yourself (no officient) or just have a non-licensed/non-ordained friend stand in where a minister/officient would be. Even then, you rolls the dice, you takes your chances. If any of that gets mentioned on the petitions, applications, at interview or at the POE, they could deny her visa.

That's interesting. When I met with our marriage commissioner (in BC) to discuss plans for our ceremony SHE suggested the possibility of performing a ceremony that nobody but the three of us would guess was not official, in case we wanted to get married in the US before or after. She likened it to a confirmation of vows.

Share this post


Link to post
Share on other sites

Marriage laws in BC are a bit different than the rest of the provinces. A little more lenient. They even recognize Pagan clerics as legal officients for marriage, naming ceremonies and funerals. Other provinces don't, and the Feds don't. BC also recognizes the internet chuch ULC (universal life church) as a proper church, and its ordained ministers as ministers. The rest of the country does not.

I "officiated" a friend's handfasting a few years ago in Ontario, as a Pagan Priestess. This would not have been legally recognized by the province tho, so they also had to have a "legal minister" perform a separate ceremony (because she refused to do a joint ceremony at the last minute :wacko: ) I did the same for another couple who were living in the UK, and got married in Scotland. They had a legal registrar perform the legal part of it, and I did the handfasting part.

Here in the US tho, ULC is legally recognized, and if you get ordained on the internet (just fill in their form) they'll send you a package of marriage certificates and other stuff. My James did a wedding for another VJ couple a few years ago. We're both ordained :yes:


divorced - April 2010 moved back to Ontario May 2010 and surrendered green card

PLEASE DO NOT PRIVATE MESSAGE ME OR EMAIL ME. I HAVE NO IDEA ABOUT CURRENT US IMMIGRATION PROCEDURES!!!!!

Share this post


Link to post
Share on other sites
You cant submit the evidence incrementally. When you file, you need to submit marriage certificate, etc., at that time. You cant change from a K1 to a K3 without submitting a new petition.

Even doing a DCF, you will need US based income and a US domocile.

Thanks for the info on the first part.

I have a job in the US and we both just purchased a house together (being built at the moment) and both of our names are on all of the documents regarding that.

I don't know how it would work if we went through the marriage there but never got the paperwork done to make our marriage legal in the states if we would be able to get married a second time in the states whether that'd be an option or not. For a K-1, the marriage does have to take place in the US, right?

Applying for a K-1 when you are already married would be a material misrepresentation. Lying on the applications/forms can bring severe penalties including lifetime bars from the U.S.

It wouldn't be lying if the US didn't consider the Canadian marriage a legal marriage until the document validating the Canadian marriage was obtained. To clarify, what I was trying to ask is whether or not the US considered a Canadian marriage legal before you get that validation document. The other half of that was if we got the K-1 but came to Canada to get married and then filed AOS. It just says that you can only enter once on a K-1 but if you leave after that and get married could you file the AOS then or do you have to still be in the states to do that and proof that the marriage took place in the states?

I don't think you're eligible for DCF unless you are living in Canada as a PR.

As I read it, it only stated that you must be a legal resident, not a permanent resident. I read the sticky in the DCF forum and it had been mentioned about people applying with a student authorizaton or a work permit but I hadn't seen anyone to say yes for sure that they were in that situation and got approved.

And if you get married in Canada, and try to have her go to the US while processing, she may also be denied entry at the border, because what ties will she have to Canada to prove that she'll return? Other than the 2 of you claiming that you're going to the US just then to file the K3 stuff?

You mau just have to suck it up and be apart a few months after the ceremony like the rest of us. Yep, it sucks, but there ya go.

Usually, a return ticket is evidence enough to an immigrations officer that you will return. The nature of her job may allow her to retain employment, as well.

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.
×