Our plan. Good or bad?

[GermanCanadian89 7]

My fiance and I have been discussing a few things. We can't take the distance between us.

It might be in our best interest to do the following. Since he makes more money, its not really an issue right now. We agreed upon, I would quit my job, and live in the states with him 2 weeks at a time. I would go back to canada, every second week for a few days. Would this mess our process up?

Also, why can't we just sign the marriage licences now? We've filled our forms out, and we have sent them in, we know they're in the middle of 'processing' them. If we were to sign the documents, would that also mess our process up?

Suggestions please!

[Pitaya 2,576]

Welcome to the forum.

Consider reviewing the pinned thread at the top of the forum page, Yes, You Can Visit:

http://www.visajourney.com/forums/topic/67796-yes-you-can-visit/

Edited August 14, 2013 by A&B

[GermanCanadian89 7]

I know I can visit. That's not the issue... Our concern was this;

what if we just went off and signed the marriage license? Our fiance visa has been accepted but, the processing time takes forever. Would I need to obtain this visa before signing the marriage license? Or, can we sign it? And continue the 2 week visiting patterns until everything is processed?

[Pitaya 2,576]

It helps folks make proper responses pertinent to your specific step in the visa process.

For example: Your visa petition has been approved? You have had your visa interview and been approved?

Should you decide to get married, or if the immigration folks learn of you processing a marriage license you may be deemed ineligible for the fiancee visa.

[Anna Grant 169]

I know I can visit. That's not the issue... Our concern was this;

what if we just went off and signed the marriage license? Our fiance visa has been accepted but, the processing time takes forever. Would I need to obtain this visa before signing the marriage license? Or, can we sign it? And continue the 2 week visiting patterns until everything is processed?

You have to remain unmarried until your fiance enters the US with the K1 visa inside their passport. Then you can get married - and have to within 90 days of them entering the US.

As a rule of thumb, the non-US person generally has to spend more time out of the US than in it. So 2 weeks in the US followed by 3 weeks out of the US might work. However, expect more scrutiny by CBP. If you resign from your job, then that is a tie gone from Canada and it may make it more difficult to get in.

We have all been where you are. We all hate being separated from our loved ones. But it will be worth it in the long run.

Edited August 14, 2013 by Anna Grant

[GermanCanadian89 7]

I'll do the time line now. We've just been doing a lot of talking. The travels back and forth are getting stressful. We've only submitted our forms, and they've been accepted for process. We haven't received any letters or packages yet. It's been 3 weeks only since we're notified about immigration receiving our package.

I just do not want to jeopardize our relationship; in result of us just signing the documents and because we didn't follow proper procedure.

[Harpa Timsah 13,258]

A marriage license is usually only good for a month or so, so if you get one now it won't be good when you need it.

You can't get married now unless you want to forfeit the K-1 process and start over with a spousal visa.

You can't de facto live in the US. Border Patrol will catch on to your pattern and see you are living in the US and just going home for a few days and deny you entry.

[Pitaya 2,576]

You have to remain unmarried until your fiance enters the US with the K1 visa inside their passport. Then you can get married - and have to within 90 days of them entering the US.

As a rule of thumb, the non-US person generally has to spend more time out of the US than in it. So 2 weeks in the US followed by 3 weeks out of the US might work. However, expect more scrutiny by CBP. If you resign from your job, then that is a tie gone from Canada and it may make it more difficult to get in.

We have all been where you are. We all hate being separated from our loved ones. But it will be worth it in the long run.

Amen!

[GermanCanadian89 7]

You have to remain unmarried until your fiance enters the US with the K1 visa inside their passport. Then you can get married - and have to within 90 days of them entering the US.

As a rule of thumb, the non-US person generally has to spend more time out of the US than in it. So 2 weeks in the US followed by 3 weeks out of the US might work. However, expect more scrutiny by CBP. If you resign from your job, then that is a tie gone from Canada and it may make it more difficult to get in.

We have all been where you are. We all hate being separated from our loved ones. But it will be worth it in the long run.

thank you!

[GermanCanadian89 7]

A marriage license is usually only good for a month or so, so if you get one now it won't be good when you need it.

You can't get married now unless you want to forfeit the K-1 process and start over with a spousal visa.

You can't de facto live in the US. Border Patrol will catch on to your pattern and see you are living in the US and just going home for a few days and deny you entry.

a marriage license is only goo for a month?

[Harpa Timsah 13,258]

a marriage license is only goo for a month?

Usually. A marriage license is permission to get married.

Once you get married, then you get a marriage certificate. That is good forever.

[amberlynnloves 125]

1. Marriage Licenses are only good for at most 33 days.

2. If you quit your job in Canada and come to the US to visit every two weeks, good luck getting in.

3. If you get married now, and file Spousal Visa, you will still need to be separated but it takes about the same time as K1 but you get a green card right away and don't have to wait for AOS.

4. From your timeline it shows one of you lives in Niagara Falls the other in PA. At most you're looking at 6 hour trip depending on where you live. (My husband lived in St Catharines and I live in Western Michigan 7 hour trip I made it every three weeks for a weekend because it was worth it, so if your fiance makes good money in Canada, he can help with your trips to visit or vice versa).

5. If your fiance in Canada is coming to the US every 2 weeks and then going back to Canada for a weekend, that is showing he is actually residing in the US and not Canada. Therefore, visa/immigration fraud.

Good luck. Read my timeline. PM me if you have any specific questions. It's a long process, but in the end 100% worth it.

[Master Semaj 2]

In the end, if your love and relationship with eachother is really worth it, you will deal with however much distance there has to be before you can truely be together.

[pro_star 52]

Yes, the traveling is tedious.

Yes, gas prices (in ontario espeically!) are bloody insane. (parents live in ottawa, I have to hear about it all the time lol)

Honestly, things are moving along quicker than you'd think right now. Is it a process? yes. But. Take the time to set up some savings for yourself, for the wedding, etc. Once you get in on the k1, you can't work right away, so worst case, yeah set yourself up a rainy day fund. (please note this is NOT me saying your fiance can't provide)

And what Semaj said. The time will pass. That's one thing that can be guaranteed. The NOAs seem to be coming out decently quick for the most part right now....so settle in and hang in there.

[Operator 1,925]

Harpa Timsah's point about CBP seeing your pattern is important. You said "live with him in the states 2 weeks at a time. I would go back to Canada, every second week for a few days". This is where your difficulties will begin as Canadian citizens aren't allowed to live in the US without the proper visa or LPR status. So what you need to get your head around is visiting your fiancé in the US while you are waiting for your K-1 visa to be approved. You might want to rethink you schedule of visits.

I also agree that quitting your job is a bad idea as it cuts a strong tie to Canada. CBP and USCIS are both part of the same agency so it's fair to assume that they; CBP, will be able to find out that you have immigration intent since you are the beneficiary listed on a K-1 visa petition. I'm not trying to scare you I just think it's important that you understand what's at risk. There are hundreds of posts on VJ from people (Canadian beneficiaries) with the same thoughts and questions, in fact I was just reading another one posted today and the guy was denied entry, admitted the next day and is now thinking to adjust.

...and it could always be worse, your fiancé could be on a different continent with a 13 hour time difference...sorry I couldn't resist.

Study the process and figure out what works best for you both and be careful, you can make mistakes that are hard to overcome. Good luck.