Can girlfriend come here then file?

[NickiMinaj 0]

Hi all. I posted here long ago about how to get around DOMA, and unfortunately there really was no way. Luckily we are now in a post-DOMA world. I am still with the same lovely girl, 3 years later. She is a Canadian citizen living in Toronto and I am an American citizen living in Atlanta.

Our plan has always been for her to finish school there (Canada) since it's cheaper than ridiculous US education fees. She is about to get her 2 year degree and was moving on to get her 4 year (in education.. she wants to be an elementary school teacher) when her parents informed her she was worhtless for not working and bringing in money and that she would no longer be going to school and had to get a job or get out.

She's in Toronto where the cost of living is ridiculously high (trust me, I know from visiting ) and though she's been searching for a job she hasn't found anything yet (her school is trying to work with her but so far nothing). She's 23 and would much rather NOT live with her parents (who have always pretty much treated her like ####### - also she's not out to them beause her father informed his kids he would murder them if they were homosexual...) but she's been working her butt off in school to get everything done so we can be together here. Now that her 4 year degree is no longer in the picture we are looking at options for her to come here ASAP.

My main question is (which I kind of already figure I know the answer to), if she were to come here saying she's visiting then we file paperwork for a green card would that work? Basically if we skipped the K1 process. I know it would be bad if she lied at the boarder but she is allowed here for 6 months at a time so could we not file and get everything done by then?

Right now the plan is to do the K1 process correctly, however she's in danger of getting kicked out if she can't get a job and though her and her sister are looking for cheap apartments right now those don't really exist around Toronto. My worry is that she will end up homeless in a shelter or something and I cannot let that happen, that is the woman that I love and I can't let her be on the streets so I would go and basically drag her to come live with me. But then she'd be an illegal immigrant until/unless we could file for a greencard while she's here but if it were denied I know she'd have to go back and everything would be even more complicated.

Any advice?

[NickiMinaj 0]

My other questions are how long on average is the K1 process, and how long would it be before she could start to work and/or go to school here? She'd have to have green card in hand before that, right?

[Harpa Timsah 13,258]

It is illegal to enter the US on a tourist visa with the intent to immigrate. You know that already.

[Novembro 1,763]

"Skip the k-1 process". I laughed.

[Harpa Timsah 13,258]

Why are her choices live with parents or be homeless? She is 23, she can move anywhere in the lovely country of Canada and get a job in the meantime. Or get a part time job and continue school and find her own place. There has to be student housing in Toronto since so many universities are there. Room shares, things like that. Time to grow up

Edit: Here is a private room for $425/a month. Not bad. http://toronto.en.craigslist.ca/bra/roo/4391391308.html

$500 private room with a private bathroom. http://toronto.en.craigslist.ca/tor/roo/4391346123.html

That's in Canadian Dollars too.

Edited March 25, 2014 by Harpa Timsah

[Darnell 8,478]

Why are her choices live with parents or be homeless? She is 23, she can move anywhere in the lovely country of Canada and get a job in the meantime. Or get a part time job and continue school and find her own place. There has to be student housing in Toronto since so many universities are there. Room shares, things like that. Time to grow up

Edit: Here is a private room for $425/a month. Not bad. http://toronto.en.craigslist.ca/bra/roo/4391391308.html

$500 private room with a private bathroom. http://toronto.en.craigslist.ca/tor/roo/4391346123.html

not to mention the extra bits a loving spouse gives over in the monthly allowance, as well !

geez !

[marriott574 13]

What you want to do is visa fraud, it can have serious consequences! Complete the K1 like everyone else.

[KayDeeCee 4,891]

I am skipping over the entering on a tourist visa bit so you can skip the immigration process.

If you file for the K-1, after you marry, then you file for AOS, EAD and AP at the same time. She will be able to work with the EAD, so about 3-4 months after filing for AOS.

If you go ahead and get married and file for the CR-1, then once it is approved and she enters the US with the spousal visa, she will be a permanent resident and be able to work, travel and re-enter, etc.

She can visit you, and you can visit her while waiting for the I-129F or I-130 petitions to be approved.

Here is the comparison chart to look over > http://www.visajourney.com/content/compare

[sharky-rex 76]

A K1 could be done in 4-5 months if you're lucky, but she'd have to go back to Canada for the medical and interview. That would probably be two separate trips. Would she have a place to stay? Could you afford the trips? She would need a mailing address in Canada, too. There's also the issue of what the CBP officer would say if she tells them she's going to live with her girlfriend for 6 months while her fiance visa is processed.

Iono, sounds to me like she needs to lower her expectations of what her living standard should be. There's nothing wrong with renting a cheap room for a few months while you wait for a visa or even a few years while you're going to school. Not everyone gets to have an apartment. I understand wanting to protect her, but you could be screwing yourselves over so much more than if she just sucked it up for a little bit while the visa goes through.

[Emily and Nathan 39]

Honestly.. I think the thought crosses a lot of minsd when they first start this process (it crossed mine :/)

But the risk isn't worth it... she can't come here "visiting" with the intent to immigrate...

If she is caught... you suffer pretty much her not being able to come down here at all..

You two sound like great people.. and like you are in love.. I am in the same boat... plus I HATE my job... I literally tear up everytime I live My guy's house because the thought of coming back here... and leaving again is overwhelming sometimes.

As far as how long it takes... it is really hard to say... to give you an example... We filed at the beginning of December and have received our NOA1... but nothing else yet... ... So almost 4 months and we aren't even at the second step yet.. Sigh

[Anna Grant 169]

I would suggest that she do what I did.

Enter the US as a tourist, submit the K1 paperwork whilst she is here (it is a bit easier with you both together), leave the US before the 6 months is up (for me it was 90 days as I am from a VWP country) and then wait the rest of the time out in a rented room in an apartment. A friend of a friend rented me a room for a few months. This was at the time when K1s were taking 9 months to approve. It should be shorter for you.

On entry to the US, your girlfriend must not lie about anything. Just answer the questions she is asked but don't lie. It is not just 'bad to lie' - it could seriously affect your future life together. Read the pinned 'Yes you can visit thread' at the top of the K1 sub-forum for more info of travelling and look at this guide - http://www.visajourney.com/content/k1visit See if she has any documentation to show that she needs to go back to Canada.

Yeah it sucks being apart but, having been in the US for 9 months now, I can tell you that the memories of the challenging times of being apart fade after a time. Then real life of living with your husband or wife kicks in!

Edited March 25, 2014 by Anna Grant

[I AM NOT THAT GUY 5,715]

My main question is (which I kind of already figure I know the answer to), if she were to come here saying she's visiting then we file paperwork for a green card would that work?

Girlfriends don't get green cards. Wives do.

[I AM NOT THAT GUY 5,715]

Thread should be moved to Adjusting from Tourist Visa forum.

Edited March 25, 2014 by The Postmaster

[Anna Grant 169]

Oh. And BTW, as you live in Georgia, you will both need to state in your letters of intention, that you will marry in a state which recognizes same-sex marriages. Although I'm sure you realize this, as you have been a member for so long, I thought it was still worth mentioning.

[KayDeeCee 4,891]

Thread should be moved to Adjusting from Tourist Visa forum.

Why?

OP also asking questions about the K-1 process, and this is the place for that. They merely said they wanted to know if they could skip the K-1 process, but since that is not possible and no one wants to violate the TOS by telling them to do it, this post does not need to be in the forum about the AOS from tourist visa process, IMO. Thought about moving it to What Visa Do I Need, but they were specifically asking about the K-1 process.