Living in US While Processing??

[Griffon76 0]

I am at my wits end trying to find out if my Canadian fiance can live in the US with me while the appropriate papers are filed and processed. We have been trying to get the timing right but things just seem to be happening too fast to know if we are doing the right thing.

His house went up for sale a few weeks ago and an offer was made 2 days later. The closing is to happen in a couple of months. In the meantime we are waiting for our divorces to be completed (both of us have been seperated for more than a year from our spouses) so we can start the visa processes. I don't know if we should go through with the fiance visa and have him stay here while waiting for the approvals and interview appointment or would it be better if we went ahead and married in the States as soon as possible and filed everything right after. The concern is that he has no home to go back to because of the quick sale of his house and we don't want to be seperated once he is down here. He does have relatives in Montreal that he can stay with if we do the K1 route while waiting for the interview.

I know I'm rambling but I sure hope someone can shed some light on what we can do all the while staying together in the US. We can't stand to be apart any longer and the traveling back and forth every month has come to an end with my new job and our bank accounts becoming thin!! My parents have been asking when our wedding will be so they can make arrangements but we don't know how to proceed with the different Visa options.

Has anyone heard of a fiance living in the US while the processing is in progress?? Is is allowed??

(longing for my love)

Griff

[zyggy 9]

I am at my wits end trying to find out if my Canadian fiance can live in the US with me while the appropriate papers are filed and processed. We have been trying to get the timing right but things just seem to be happening too fast to know if we are doing the right thing.

His house went up for sale a few weeks ago and an offer was made 2 days later. The closing is to happen in a couple of months. In the meantime we are waiting for our divorces to be completed (both of us have been seperated for more than a year from our spouses) so we can start the visa processes. I don't know if we should go through with the fiance visa and have him stay here while waiting for the approvals and interview appointment or would it be better if we went ahead and married in the States as soon as possible and filed everything right after. The concern is that he has no home to go back to because of the quick sale of his house and we don't want to be seperated once he is down here. He does have relatives in Montreal that he can stay with if we do the K1 route while waiting for the interview.

I know I'm rambling but I sure hope someone can shed some light on what we can do all the while staying together in the US. We can't stand to be apart any longer and the traveling back and forth every month has come to an end with my new job and our bank accounts becoming thin!! My parents have been asking when our wedding will be so they can make arrangements but we don't know how to proceed with the different Visa options.

Has anyone heard of a fiance living in the US while the processing is in progress?? Is is allowed??

(longing for my love)

Griff

Your fiancee is permitted to stay with you during the period of authorized stay... that is 6 months. You fiancee cannot stay any longer. Your fiancee can also not work during that period of time.

And don't try the old leave the US and come back... they're on to that and it won't work.

I also wouldn't have your fiancee come here, get married and adjust status. Entering the US with the intention of getting married and remaining in the US without the appropriate visa is illegal. Since he is selling his house, it would be relatively difficult to be able to prove to a USCIS adjudicator that it wasn't his intention to immigrate.

I would suggest that he get an apartment that has short term leases, or stay with friends and family in the interim...

[Griffon76 0]

Your fiancee is permitted to stay with you during the period of authorized stay... that is 6 months. You fiancee cannot stay any longer. Your fiancee can also not work during that period of time.

And don't try the old leave the US and come back... they're on to that and it won't work.

I also wouldn't have your fiancee come here, get married and adjust status. Entering the US with the intention of getting married and remaining in the US without the appropriate visa is illegal. Since he is selling his house, it would be relatively difficult to be able to prove to a USCIS adjudicator that it wasn't his intention to immigrate.

I would suggest that he get an apartment that has short term leases, or stay with friends and family in the interim...

Thanks for your reply...So would you say the best way to go about this is (have him visit here no longer than 6 months, but go back (possibly to stay with relatives) during the visa process? Would the fastest way to go be the K1 route?

Any more input is greatly appreciated!!

Griff

[pri 0]

its hard to say which is fast route you never know, it depends to which service centre you apply their processing dates etc etc

i would recommend you to read the guides thoroughly and then decide

rather than any one suggesting you which is faster

[Reba 2]

he could go to stay with you in the US while you wait for the petitions to go thru the process, (and return to Montreal for the interview) but as you said your bank accounts are already getting thin, and he can't work in the US during that time, is that a viable option for you? Can you afford to "carry" him for possibly 6 months or longer that he is out of work?

There's also the very real threat that he may not be permitted to enter the US if the POE officer has even the slightest inkling that he'll stay longer than allowed. If he has no permanent address and no job in Canada, that outcome is very likely. And then he won't be allowed into the US until he's got his K1 in hand.

Weigh all the pros and cons, check the processing times for the office where your petition will be sent, and figure out which scenario is best for you.

[Cygnet 0]

How long will the divorce papers take? I don't know much about the K-1 visa, but won't you need to sort of file a copy of the divorce certificate along with your petition. I think my husband sent in a copy of his divorce certificate with the I-130. But we're going through the CR-1, so it might be different.

Oops, please ignore my reply above regarding the divorce papers.

[jen&darcy 0]

I agree with Reba. My fiance was denied at the border last May when trying to just visit me because he was on medical unemployment and didn't have a permanent residence in Canada (he was living with his grandmother). You will need to submit copies of the divorce decrees with the I-129F petition. (We have been waiting for my fiance's for a year now but with circumstances behind it.)

I would really read into all the options before going one route and then regret your decision. Good Luck!

[Griffon76 0]

Sorry I hadn't answered the last few posts. I have been working five 12 hours shifts with my drive time adding another hour to my work day! ::groan:: At least I get over time!! LOL

Yes, Reba, I can carry us financially when he is down here. As soon as his house sells, that will be more $ available to us as well as some other family business that is not yet completed. My job I was referring to is recent and it pays very well and I'm hoping it's more permanent than the last one. Just hit some bad luck concerning jobs earlier this year.

I believe that for us the best way is to file the K1 while he is visiting (the whole process will be started ASAP when we have the divorce decrees in our hands) and he will go back to his relatives in Montreal during the interview. They did say he could stay anytime. I know that legit couples face separation all the time and that is at the back of my mind all the time.

Please excuse me if I ask too many questions. I'm taking notes on all that you guys tell me so we do it right the first time!!

Off to read more......

Griffy