Plan Goes Into Motion **TOMORROW** - NERVOUS. NEED HELP!

[Holman come down 10]

Shamelessly and desperately bumping!

What is there to be desperate about? The K-1 visa is a good option for what you want to do. I don't know what you are talking about "she files in Vancouver," You can send in the K-1 (I-129F) packet from Chicago while she is there with you. This way she can help you assemble it with all the pictures, letters, and various forms you need her input for. She doesn't need to be in Vancouver until it's time for her medical and interview. Don't get desperate, just read the K-1 flowchart and get educated

[Allanah and Chris 8]

Our current plan as you all know is to file while I am in Chicago and she files in Vancouver, as opposed to getting legally married here and filing the proper papers so we never have to be separated. From what I understand, the process we have chosen is typically much shorter than the getting-married-here-and-filing-papers-after route, correct? The first line of action is more ideal for us because it allows her to work in Vancouver while we wait, as opposed to not being able to work for ~who knows how long while waiting for the files to be approved.

Is everything I'm presenting factual? Thanks again everyone!

Looking at the stats for the last year of I-130/K-3 processing times, I don't know that you can glean much as n=24, whereas K-1 processing times have n=2438 (as of this writing). That being said, the K-3 route (marriage) "appears quicker" to get your spouse into the US (based solely on timeline data, but without a standard deviation we cannot know with any certainty).

We're currently in process for a K-1, which took about 2 weeks to get the necessary paperwork/signatures in order and mail it out (USPS Express). If you get your passport style photos made in Canada be sure they know you need US Passport specification photos (50mm x 50mm).

Basically, all you have to do is follow the guide/flowchart, view the example documents, and get some system in place to track what needs to be completed by whom and by when (we used a Google Spreadsheet).

Edited January 15, 2013 by Allanah and Chris

[CaroSL 68]

Thanks everyone for all the help! One more question -

Our current plan as you all know is to file while I am in Chicago and she files in Vancouver, as opposed to getting legally married here and filing the proper papers so we never have to be separated. From what I understand, the process we have chosen is typically much shorter than the getting-married-here-and-filing-papers-after route, correct? The first line of action is more ideal for us because it allows her to work in Vancouver while we wait, as opposed to not being able to work for ~who knows how long while waiting for the files to be approved.

Is everything I'm presenting factual? Thanks again everyone!

Well, I have no clue how long you guys would have to wait for AOS and work authorization for your canadian fiancée if you were getting maried now.

And it is probable she won't be able to leave the country before the AOS is completed if you get married now. This could be a huge downside if she has unfinished business she needs to take care of in vancouver. For all I HATE the waiting and separation period my fiancé and I are currently going through, I would never have been able to marry him when he proposed, without my familly and friends, telling them over the phone that I was not comming back home, not even visiting them, before god knows when. Plus I would have been so scared about the administration accusing us of visa fraud for the whole waiting time....I think the main problem is not to know how long it is, but what the risks are.

That said, the separation, the wait, the fact that I feel I don't belong here anymore and I am not really living my life, the not knowing when all this will end... this is tough too and frustration too.

It is a personal decision and it is yours to make.

But I would recommend you to ask about how it would go if you decided to get married and then fill for AOS on on the canadian regional forum or in the adjustment of status forum, so you can get advice from knowledgeable people who went down that road and so you can make an enlightened decision.

The K1 road is not fun, but it is doable. So many poeple here have gone down that road and they will tell you it is worth it. And if you choose that option, you should file the petition together, while your fiancée is still in the US with you. You can totally do it, it won't slower your petition at all. And:

• This way you don't have to wait any longer than necessary to send the petition to the USCIS.
• You can gather all the documents together. Otherwise you will have to wait for her to send you pictures and signed forms etc.
• This is way less stressfull to be able to look into the process together, to check things together, to proofread everything twice each making sure everything is there. This ways the responsibility is on both of you.
• If your fiancé likes to have her hands on things, believe me, she will be happy to be able to check everything with you and she'll sleep better at night.

In any case, you guys are getting married and this is great! However stressfull and frustrating all those processses are, always keep in mind you found love, and you are gonna spend the rest of your life together... this is the important part!!

So congratulation on your engagement, and best luck in your journey!!

[CaroSL 68]

Looking at the stats for the last year of I-130/K-3 processing times, I don't know that you can glean much as n=24, whereas K-1 processing times have n=2438 (as of this writing). That being said, the K-3 route (marriage) "appears quicker" to get your spouse into the US (based solely on timeline data, but without a standard deviation we cannot know with any certainty).

K-3 seems not to be used anymore, K3 visas are really rarely issued (it seems) so it is a giangantic waste of time. Everyone here says to file for an I-130, which takes aparently longer to be delivered than the K1 (at least it did last month...).

But filing for an I-130 would mean they get married and then she leaves the country, right? I don't see why she would file for a visa while being already in the US... doesn't make sense to me.

I don't think this is what the want to do...I think what the OP was considering just getting married and filing for AOS as his fiancée is canadian, she is not on a visa waiver, so they could appeal even if she was denied the AOS.( However, I have no clue how high the risk for denial based on visa fraud accusation is. I would not recommend that road myself, and I will let more knowledgeable people state the pros and cons as I said in my previous post)

Edited January 15, 2013 by CaroSL

[caly 48]

K-3 seems not to be used anymore, K3 visas are really rarely issued (it seems) so it is a giangantic waste of time.

Correct. The K-3 is now obsolete. It was useful when spousal visas were taking years to process. Today, on average, spousal (CR-1) visas may take anywhere from 8 to 12 months from filing the petition to visa in hand.

The first line of action is more ideal for us because it allows her to work in Vancouver while we wait, as opposed to not being able to work for ~who knows how long while waiting for the files to be approved.

If this is your only concern and neither of you are looking to have a big elaborate wedding, you can also think about getting married before she leaves.

You can get married in the US and then have her return to Canada as planned to continue working while waiting for the CR-1 to be processed.

Currently, the wait for the CR-1 is not much longer than the K-1, really. Also, it is cheaper in the long run and has the added benefit of the beneficiary arriving as a LPR and being able to work almost right off the bat. With the K-1 she would arrive on a non-immigrant visa and have to adjust status anyway (meaning she will still be unable to work when she enters on the K-1.. at least until her employment authorization is approved.)

Just throwing it out there as you were concerned about her sitting around being unable to work.

Whichever option you choose, good luck!

Edited January 15, 2013 by caly

[JensJrny2Ray 367]

Thanks everyone for all the help! One more question -

Our current plan as you all know is to file while I am in Chicago and she files in Vancouver, as opposed to getting legally married here and filing the proper papers so we never have to be separated. From what I understand, the process we have chosen is typically much shorter than the getting-married-here-and-filing-papers-after route, correct? The first line of action is more ideal for us because it allows her to work in Vancouver while we wait, as opposed to not being able to work for ~who knows how long while waiting for the files to be approved.

Is everything I'm presenting factual? Thanks again everyone!

If you are filing the I-129F for the K1 Visa, YOU are going to be doing the filing. She is not going to be doing any filing. Therefore you can file while she is there with you, as other posters have stated, it is much easier if you are both together and can help each other gather paperwork, photos, letters, passport photos etc. (My fiance and I did this while I was visiting him in the USA). Make sure to give her a copy of the entire package that you send in.

Once you have sent off your petition, you wait until it is approved (which takes 5-7 months approximately). In the meantime, she can get all her paperwork, vaccine records etc. etc. that SHE will need for her K1 Visa interview at the consulate in Vancouver.

and YES you can visit each other while your application is being processed. Read and research all the guides offered here and the forums. It will eventually all begin to make sense and come together. Good luck with everything!

[george89lol 0]

Thanks to everyone for all this information! Really informative and it was a huge help.

Will the amount of time I spend in Canada affect the process negatively in any way? For example, if I file the I-129F and go to Vancouver afterward and spend 3-5 months there (I work from home so this would not be an issue) while waiting for my end of things to get approved, will that do any harm to the process?

Once again thanks to everyone!!

[duraaraa 203]

Thanks to everyone for all this information! Really informative and it was a huge help.

Will the amount of time I spend in Canada affect the process negatively in any way? For example, if I file the I-129F and go to Vancouver afterward and spend 3-5 months there (I work from home so this would not be an issue) while waiting for my end of things to get approved, will that do any harm to the process?

Once again thanks to everyone!!

One would think this would be viewed as a positive, actually, because of all the time you spend with your fiance. In my case, I lived with my fiance in Mongolia (and filed a petition when I returned to the U.S.) I think that the fact that I spent so long in her country would be my strongest evidence FOR my case, as opposed to having any kind of negative impact.

As long as you aren't overstaying or doing anything illegal, the more time you spend with your fiance, the better. Someone please correct me if I'm wrong, though.

[george89lol 0]

What is there to be desperate about? The K-1 visa is a good option for what you want to do. I don't know what you are talking about "she files in Vancouver," You can send in the K-1 (I-129F) packet from Chicago while she is there with you. This way she can help you assemble it with all the pictures, letters, and various forms you need her input for. She doesn't need to be in Vancouver until it's time for her medical and interview. Don't get desperate, just read the K-1 flowchart and get educated

I think I've read too many horror stories on here and I've been really hesitant to file this while she has been here. I've been staying in Vancouver for 6 months, then coming to Chicago for 6 months, and we've been doing that back and forth because we can afford to as 23/21 year olds... and to say the least it has pissed off the border guards a bit. She has been interrogated before at the border, flagging her and we sat around for 2-3 hours while they asked her about every single trip she has taken in recent memory. I was worried that in the interview/approval process they would see that we were essentially doing the exact same thing while I file for the I-129F (she has been here for 4 months already) and that it would flag some sort of visa fraud.

Probably irrational fears, eh?

[Holman come down 10]

I think I've read too many horror stories on here and I've been really hesitant to file this while she has been here. I've been staying in Vancouver for 6 months, then coming to Chicago for 6 months, and we've been doing that back and forth because we can afford to as 23/21 year olds... and to say the least it has pissed off the border guards a bit. She has been interrogated before at the border, flagging her and we sat around for 2-3 hours while they asked her about every single trip she has taken in recent memory. I was worried that in the interview/approval process they would see that we were essentially doing the exact same thing while I file for the I-129F (she has been here for 4 months already) and that it would flag some sort of visa fraud.

Probably irrational fears, eh?

Yeah, I think you'll be fine. They worry about the long stays when she crosses the border because they don't want her going into the US and then not going back home to Canada. But it sounds like you guys have been following the law, not overstaying tourist visas. The people who check your K-1 Visa will just see your documentation that you guys visit each other all the time and it's likely a genuine, loving, relationship. So, for them I think it will be a positive thing.

[CaroSL 68]

I think I've read too many horror stories on here and I've been really hesitant to file this while she has been here. I've been staying in Vancouver for 6 months, then coming to Chicago for 6 months, and we've been doing that back and forth because we can afford to as 23/21 year olds... and to say the least it has pissed off the border guards a bit. She has been interrogated before at the border, flagging her and we sat around for 2-3 hours while they asked her about every single trip she has taken in recent memory. I was worried that in the interview/approval process they would see that we were essentially doing the exact same thing while I file for the I-129F (she has been here for 4 months already) and that it would flag some sort of visa fraud.

Probably irrational fears, eh?

probably... Interrogation at the POE and interview are too different things. They kept her and asked here questions when she last entered the us probably because they wanted to make sure that she was not doing anything illegal or planning to overstay or anything.

At the interview for K1, they will know the reason for her trips and stay in the US is you. This doesn't seem suspicious at all.

I visited my fiancé twice in 2012, 4 months total, I am not at all worried about it.

[JensJrny2Ray 367]

I think I've read too many horror stories on here and I've been really hesitant to file this while she has been here. I've been staying in Vancouver for 6 months, then coming to Chicago for 6 months, and we've been doing that back and forth because we can afford to as 23/21 year olds... and to say the least it has pissed off the border guards a bit. She has been interrogated before at the border, flagging her and we sat around for 2-3 hours while they asked her about every single trip she has taken in recent memory. I was worried that in the interview/approval process they would see that we were essentially doing the exact same thing while I file for the I-129F (she has been here for 4 months already) and that it would flag some sort of visa fraud.

Probably irrational fears, eh?

Yes a bit irrational. You could go ahead and send it off the day before she's set to go back then, which is what my fiance and I did. It honestly doesn't matter though either way. I can see why the border guards would be suspicious as you are supposed to spend the majority of the year in your home country.

[george89lol 0]

Can I have someone file this for me, by the way? For example if I am out of the country. Plans changed a bit!

[caly 48]

Can I have someone file this for me, by the way? For example if I am out of the country. Plans changed a bit!

If by "file for you" you mean that you want someone to assemble the necessary documents, place them in an envelope and put them in the mail.. then I don't see why not. Your signature will still be required on the necessary forms though.

Don't see how asking someone you trust to place all the required items (including the signed forms) in an envelope and take it to the post office could be a potential problem... unless they screw up and leave out something or there is some legal mumbo-jumbo I am not aware of preventing someone from sending mail in another person's name even after they've been asked to do so by said person.

[baron555 934]

We will be living here in Chicago, Illinois, while she is from Vancouver, Canada.

We're down near Joliet.

She is currently living with me in Chicago on the 6-month visitor Visa, but we are buying her plane ticket TONIGHT to head back to Vancouver so we can start filing papers. We've done extensive research, and we are still second-guessing ourselves!

Why? She doesn't need to leave for you to mail the petition. She can be here for that.....she MUST though return when her visa says it's time to. Period.

As is stands, this is our current gameplan:

1. She leaves Chicago on January 29th

2. I file the spouse application immediately afterward.

I see you corrected yourself, K-1 Fiance Visa (get the nomenclature correct, that can trip you up later).

3. Once the application is approved, she files her application from Vancouver.

No, she doesn't "file" anything, she, with your help, will submit the required documents to the Enbassy as dictated by the Embassy (DS-230, 156, 156K for example).

4. So on and so forth.

Our starting process is rock-solid, right? For the smoothest/shortest process, we should both be in our own respective countries when filing our applications, correct?

No, either of you can be anywhere to file.

Additionally, is it okay for me to visit HER while this is going on?

Sure, you need your US Passport.

Additionally, is it okay for her to visit ME while the process is going on?

If she gets approval...she may not, plan for that. So why send her back so soon? It may be up to 10 months before she can come back here....using the K-1 Visa.

We want this to be as short, painless, and smooth as possible, but obviously we're ready to ride it out no matter how long it takes. Obviously being able to visit each other would be a blessing, though!

- George And Lisa