Need help with K1

[Idlikeadviceplz 0]

Not sure what to do with the K1. I'm an American Citizen and have overstayed in Canada while living with my fiance (she's Canadian) for the past couple of years. We'd like to move legally to the US so we can get married and start a family.

I have a legal residence in the US where I file taxes (grandparents house) but it is a rural area so they do not get mail delivered and need to use a PO Box.

The plan would be to file the K1 from here in Canada, go through to process, and when/if approved move back to the states together with our belongings. (Stay with family a few weeks probably while looking for a place to live and work)

Questions -

1) Proof of meeting in the past 2 years. Obviously we have photos since we live together, I've also written plenty of checks to her to pay bills, plus I can include receipts of things I've bought here with my CC. What we don't have are passport stamps or recent travel documents. Heck when you cross on foot from the US/Canada they generally don't even stamp your passport anyways. What are our options here?

2) Mailing address. The plan now is to send all the documents to my sister to have her place them in the mail for us in the States. All the forms are asking for Residence which would be different than a mailing address. What do we do here?

3) Do I need to return to the States without her? This is really a last resort type of option for us, we desperately do NOT want to part for any long period. We've been together for over 3 years and are very much in love.

Thanks for any help!

[Que Saudade 284]

Why not get married there and file CR1?

I would think much less problems going that route.....??

[Idlikeadviceplz 0]

To get married here we'd have to go to a municipal government building and give them my documents. We're mostly worried that might get me deported. Otherwise a CR1 seems like a much better option overall.

[Boiler 45,673]

You need a US Domicile rather than residence, and you will by the sound of it need a co sponsor.

I would have thought there was little if any risk of getting married in Canada.

[Idlikeadviceplz 0]

Co Sponsor isn't the problem. Reading up on US Domicile I'm not getting what you're saying here. I have a US bank account tied to my grandparents house, I have my mail delivered there, I have my taxes done there, my Drivers License has that address.

I'm primarily worried about proof of meeting, any advice there? We've thought about getting a Notary Public to sign something that they've seen us together, would that suffice?

[Boiler 45,673]

Sounds like you have lots of evidence of living together, never mind meeting.

[Que Saudade 284]

To get married here we'd have to go to a municipal government building and give them my documents. We're mostly worried that might get me deported. Otherwise a CR1 seems like a much better option overall.

Don't you think this question is going to come up regardless? You have to list where you have lived for the past 5 years. What are you going to do? Commit perjury on the form and say you were living in the US?

On the other hand, someone from Canada will soon respond and give you the information for proving the face to face meeting evidence conundrum that happens for Canadians/Americans..... I've seen it explained before....

[canadian_wife 1,823]

How long have you been in Canada? What province are you in?

My husband got all our documents to get married, all he needed was a passport

Regardless, file for the K-1. Separation is to be expected. If you are 'very much in love' a few weeks apart won't matter too much will it?

You need to list all the information correctly, if you are living in Canada, you need to list that. Failure to do so could complicate your case

You do not have sufficient proof of domicile for Montreal - please visit the pinned topic in the Canada forum. This is a major issue for Canadians

Good luck

[Idlikeadviceplz 0]

How long have you been in Canada? What province are you in?

My husband got all our documents to get married, all he needed was a passport

Regardless, file for the K-1. Separation is to be expected. If you are 'very much in love' a few weeks apart won't matter too much will it?

You need to list all the information correctly, if you are living in Canada, you need to list that. Failure to do so could complicate your case

You do not have sufficient proof of domicile for Montreal - please visit the pinned topic in the Canada forum. This is a major issue for Canadians

Good luck

I'm in BC and have been here for 3 years. Why would we need to be separated for us to file the K-1? I don't have any bills tying me to a Canadian address at all, I'm not here legally obviously, every piece of official government documentation leads to my address in the States. Wouldn't listing an address in Canada while being here on an expired visa complicate my case even more?

What does Montreal have to do with anything? Sorry for the confusion and thanks for the replies.

[Boiler 45,673]

I think they were talking about DCF.

I have not heard that they are picky in Canada about proof of meeting.

[Idlikeadviceplz 0]

I think they were talking about DCF.

I have not heard that they are picky in Canada about proof of meeting.

Form I-130? By that time we'd be in the States, Married, and will have found our own place to live.

[Que Saudade 284]

Form I-130? By that time we'd be in the States, Married, and will have found our own place to live.

What do you mean by that?

CR1 and K1 have about the same filing times. You would be married quicker with CR1. Plus, she would be considered LPR upon entering, with that comes the ability to work and green card soon after arrival. (green card will allow her to travel outside of US and be allowed re-entry)

With K1, after you enter, then get married, you will have to file adjustment of status, employment authorization, and advanced parole.. all at the additional cost of $1070. The EAD and AP card combo will be approved on the average of about 8-12 weeks after filing and currently, the adjustment of status for K1 is running about 8 months.

P.S. She can't travel outside of the country after entering on K1 until she gets AP. If she travels without AP, the AOS petition is considered abandoned and will not be approved.

Edited August 21, 2012 by Que Saudade

[Idlikeadviceplz 0]

Oh just DCF googled brought me to the I-130. I know the CR1 would be preferable overall, I just worry about getting married in BC and filing that paperwork while I'm here on an overstayed visa. What if we both entered the US, got married, filed for the CR1, then when she gets the interview she goes back (or before her 6 month visitors visa is up?)

Oh, is DCF direct filing at an embassy in Canada? Why would I ever do that?

Edited August 21, 2012 by Idlikeadviceplz

[Idlikeadviceplz 0]

Anyways, I think we're committed to going the K1 route at this point, what I really wanted advice on was the proof of relationship and what we can send. Any thoughts on that?

Thanks.

[Que Saudade 284]

You need to list all the information correctly, if you are living in Canada, you need to list that. Failure to do so could complicate your case

Wouldn't listing an address in Canada while being here on an expired visa complicate my case even more?

Try committing perjury when filling out the forms and getting caught. Ummm, that will complicate things really bad.

Here is my advice. Move back to USA, get a job so that you can support your soon to be spouse(unless, that is, you are independently wealthy), file for K1, and set up a household for the 2 of you to live happy ever after.

Good luck with your decisions.