Need advice and time table for K-1

[Gattious 1]

My fiance, Canadian. I'm american.

It is my understanding that we must get a k-1 then marry or else it is considered fraud. We are both in Canada right now, i'm just visiting.

If she comes back to the states with me [ florida ] while I process the k-1 how long can I expect her to stay until she has to go back to Canada to handle her side.

I read the stickies , guides / faq but I still don't understand fully.

I want to keep her physically with me as long as possible, can anyone guide me in a way to do this? She also would like to work if possible while during her green card process. Will it be hard for her to get a job with a EAD i think its called? Will employers look down on her or will it be hard for them to employ her with one?

I have to file for a temporary work visa after or can I do it at the same time as the k-1. I've heard both so I want to make sure.

Will an immigration lawyer speed this up? I know I can't expedite k-1s.

SO I send the petition and wait for approval, that takes anywhere from 1 month to 6 the faq said.
I then wait for it to be proccessed at the NVC and then sent to the consulate...
Thats when she can pick it up, correct?

How long does the proccessing and the NVC take, how long for them to send to the consulate.
I read she needs a medical check, how long does that take to schedule and what other details are going into this on what she needs to do. What is the timeframe she needs etc.

I value any opinions you share. Thank you

[GH8283 5]

If anyone can learn from me, please listen!! My fiance and I were together almost 2 years. Once we got engaged he was denied entry into the US. The customs officials saw his Facebook page (that said we were engaged) and denied him entry. He now needs a visa to enter. However, because he has been flagged as engaed, we are unable to get him a work and or travel visa. We are 4 months into the fiance (K-1) visa process, and it seems we have atleast another 4 months + to go. He is not allowed to vist here while the visa is in processing. my thoughts to you, go back to Florida, (her on a ESTA or travel visa) then get married. Once you are married you can change her status. I wish more than anything we did not try to "do the right thing" and we go married first.

And if you file a K-1 Visa, she cannot be in the states. She needs to be in Canada.

[Morganalmonshid94 84]

You guys can marry in the u.s. But she has to return to Canada otherwise it is visa fraud because she had the intent the marry on a visitors visa and stay which is not what the visa is for . She does not have to stay in Canada during the whole process if she is able to get a visitors visa after you file the k1 then that's great she just needs to show ties that she will return to Canada and not stay in the us for the remainder of the k1 which is usually what most people have the issue with proving you guys are allowed to visit each other though .

[Morganalmonshid94 84]

And a lawyer will not speed anything up if your case has no red flags is simple and such they are just turning in the forms to immigration and charging you crazy amounts which is silly when you can do their job for free .

[Gattious 1]

Does anyone know 100% they will deny my inital petition because she is currently within the United states?

[Cody and Daisy 373]

Giving advice for someone to do immigration fraud is against The TOS.

Do not tell people to do this.

OP- do not take this advice.

Does anyone know 100% they will deny my inital petition because she is currently within the United states?

She is visiting you.

She cannot be denied for visiting as long as it's legal.

She can visit throughout the process, but she will have to return to her country to do the medical and interview once the case has been approved and sent to her local embassy.

How fast that goes will depend on long it takes to get there and for her to get her case number and how fast the medical is scheduled and interview.

Edited March 23, 2015 by Cody and Daisy

[Gattious 1]

Giving advice for someone to do immigration fraud is against The TOS.

Do not tell people to do this.

OP- do not take this advice.

She is visiting you.

She cannot be denied for visiting as long as it's legal.

Thank you. It will be legal, she hasnt been in the states in an entire year. She should have up to the 6 months to stay legally without a visa.

If I file the k-1 petition, will she be able to stay with me until she has to go do her part? Do you know how long her part could take.

I wouldn't want her away for too long, plus it'd be a hastle.

Say I take her with me back to the states, then file. Everything should be fine?

[GH8283 5]

Prior to leaving for Italy, we were told by a local attorney that it would be no problem to get married and adjust his status. His reasoning, was that my fiance had already been in America 60+ days. (90 is the max). So no "red flags" would be raised. I never even consider visa fraud, when giving my personal advice, just passing allong information a lawyer gave me that I wish I had followed last fall. I certinly do not want any problems for anybody, I know what an stressful, long, emotional process this can be.

[Cody and Daisy 373]

Thank you. It will be legal, she hasnt been in the states in an entire year. She should have up to the 6 months to stay legally without a visa.

If I file the k-1 petition, will she be able to stay with me until she has to go do her part? Do you know how long her part could take.

I wouldn't want her away for too long, plus it'd be a hastle.

Say I take her with me back to the states, then file. Everything should be fine?

Use the search box to find others from her country and you can look at their timelines to see how long it took after NOA2 was approved.

It is perfectly fine for her to stay with you for the duration she is allowed, she might have to prove ties to home of course at immigration.

No one ever wants it to take long, but in all honesty, you never know how long parts of it will take.

So what you're thinking is fine.

If you get your NoA2 whilst she is there, I don't know if she books the medical or if it's done for her, same for her interview.

If she books them, she can do it from America and go home when it's time to do them.

Edited March 23, 2015 by Cody and Daisy

[GH8283 5]

I can add, for "no reason" other than we had a K-1 visa processing, that my fiance was denied a visa twice to visit me.

[Cody and Daisy 373]

Prior to leaving for Italy, we were told by a local attorney that it would be no problem to get married and adjust his status. His reasoning, was that my fiance had already been in America 60+ days. (90 is the max). So no "red flags" would be raised. I never even consider visa fraud, when giving my personal advice, just passing allong information a lawyer gave me that I wish I had followed last fall. I certinly do not want any problems for anybody, I know what an stressful, long, emotional process this can be.

It is illegal to use a visitors visa or etsa with premeditation to get married and stay to adjust.

It is legal to use a visitors visa or etsa to get married and leave the states.

The attorney was wrong.

Edited March 23, 2015 by Cody and Daisy

[Gattious 1]

Use the search box to find others from her country and you can look at their timelines to see how long it took after NOA2 was approved.

It is perfectly fine for her to stay with you for the duration she is allowed, she might have to prove ties to home of course at immigration.

No one ever wants it to take long, but in all honesty, you never know how long parts of it will take.

So what you're thinking is fine.

If you get your NoA2 whilst she is there, I don't know if she books the medical or if it's done for her, same for her interview.

If she books them, she can do it from America and go home when it's time to do them.

Thanks for your advice, please feel free to check back and help me every now and then.

[Cody and Daisy 373]

Thanks for your advice, please feel free to check back and help me every now and then.

We've all done this or are doing it. So never feel like you can't ask anything. That's what these forums are here for ?

[Pennycat 880]

Prior to leaving for Italy, we were told by a local attorney that it would be no problem to get married and adjust his status. His reasoning, was that my fiance had already been in America 60+ days. (90 is the max). So no "red flags" would be raised. I never even consider visa fraud, when giving my personal advice, just passing allong information a lawyer gave me that I wish I had followed last fall. I certinly do not want any problems for anybody, I know what an stressful, long, emotional process this can be.

It is all a matter of intent. What you described on your other thread sounds as if you had a sudden change of plans due to pregnancy (please correct me if I'm wrong). *That* is not a problem to stay and adjust (although the attorney was wrong--this would raise some flags and you may be required to explain it). They do allow room for a sudden change of plans. In that case, the attorney was right. Where you made a bit of an error was him leaving the US. Because once he was coming back in, engaged and with the intention to marry and stay...well, THAT would have been fraud. And that's why he was turned around at customs.

In addition, it is routine to deny tourist visas to anyone who shows immigrant intent. The #1 thing you have to prove for a tourist visa is that you are not intending to immigrate. So having an application in for a visa that has immigrant intent (the K-1 application) shows that you DO intend to immigrate and are therefore ineligible for a tourist visa. If that attorney told you that it would be fine for him to come in on a "regular" visa (the visa waiver program in your case) as an intending immigrant, then I am sorry to tell you, that attorney really steered you in the wrong (and illegal) direction, and really cost you a lot of time apart

For this poster, they have to go through K-1 because the fiance is intending to immigrate. Canadians have completely different rules than anyone else (they get visa-free entry), and are able to visit while K-1s are processing, as long as they can show that on that particular trip, they intend to return to Canada.

[GH8283 5]

CatherineA you are correct (your good)! I am assuming based on my information and situation, is where the attorney was coming from in his advice. Which is clearly a different situation that the poster of this thread. However, we were naive and planned to get married after the baby, When my fiance returned in October, and got denied, he was on an ESTA and there were no plans to get married. The agents new he was engaged... whitch, as you touched upon, I am sure raised the red flag, that at somepoint (possible then) he would try to immigrate. It all makes sense! Thank you for clarifying for me!