6 month visit then apply for fiance visa? help!

[kitsulli 1]

Hi! I am currently in buffalo ny, my girlfriend of a year and a half lives in hamilton, on (same sex relationship) we have known each other for almost 4 years and there is plenty of record of our relationship and visits (we alternate every other week coming for 2 days, we are only 45 minutes apart). My question is, we are planning on applying for the k1 in the near future, is she allowed to do her maximum 6 month stay (or a little less to allow her to still be able to visit during the process), return, then begin the application? Just to test the waters, make sure she likes it here etc. Please help! I've had so many concerns and questions since the begining of our relationship and am just now finally reaching out for answers from people who actually know and/or have been through the process themselves instead of reading a million different answers to everything online or asking advice from people with no clue! I would like to properly educate myself so I can stop the anxiety of wondering! Any info/tips on any part of the process will be appreciated, thank you so much in advance!

[CharlieTanger 76]

Hi! I am currently in buffalo ny, my girlfriend of a year and a half lives in hamilton, on (same sex relationship) we have known each other for almost 4 years and there is plenty of record of our relationship and visits (we alternate every other week coming for 2 days, we are only 45 minutes apart). My question is, we are planning on applying for the k1 in the near future, is she allowed to do her maximum 6 month stay (or a little less to allow her to still be able to visit during the process), return, then begin the application? Just to test the waters, make sure she likes it here etc. Please help! I've had so many concerns and questions since the begining of our relationship and am just now finally reaching out for answers from people who actually know and/or have been through the process themselves instead of reading a million different answers to everything online or asking advice from people with no clue! I would like to properly educate myself so I can stop the anxiety of wondering! Any info/tips on any part of the process will be appreciated, thank you so much in advance!

Unfortunately, she cannot stay 6 months on ESTA without a visitor visa, which she most likely would get denied anyway since she's from Canada. She can only stay for a maximum of 3 months while on the waiver program. Yes, she can stay and you can apply after or you can apply while she is with you. That will lessen the hassle of having to mail her forms to sign.

[Wooderz 314]

You can do that for sure, but I'd probably just go ahead and file. You can file while she's visiting. Then when the 6 months are up she goes back home and finishes the process. If it moves quicker, she will have to leave before the 6 months are up to finish the process. Service centers are hard to predict right now since there have been some changes in that area recently. It's near impossible to predict what they will look like in 6 months when you want to file. For that reason, I'd lean towards filing the petition sooner than later. The wait could be really long or really short. There are ways at the embassy to slow the process down if you both decide she wants to visit a little longer.

There's really no reason to have anxiety. If you follow the guides above and include everything that the guides suggest, you'll be fine. Once you file the petition, start reading the Canada regional forum for information specific to the embassies there. Different embassies do things their own way so it's important to know how the embassy stuff (DS160, medical, and interview) is handled where your fiancee is from. It really doesn't do much good to know how it works for another country.

[aaron2020 11,651]

Unfortunately, she cannot stay 6 months on ESTA without a visitor visa, which she most likely would get denied anyway since she's from Canada. She can only stay for a maximum of 3 months while on the waiver program. Yes, she can stay and you can apply after or you can apply while she is with you. That will lessen the hassle of having to mail her forms to sign.

Canadians are allowed to visit the US for up to six months without a visitor visa. They are our special friends.

[kitsulli 1]

Thank you so much for your quick responses! This is all good to know and we will definitely begin the process sooner than later. I am trying my best to not have anxiety and assume the worst, I'm trying to stay positive and believe that as long as our relationship is genuine and we go about everything the right way I should have no reason to worry. It really sucks when you are less than an hour away from your partner yet in another country! Luckily I have not once gotten hassled or drilled about how much we visit or questioned about our relationship (which we are very open about at the border).

Aaron2020 that's what I have heard from certain people! I was hoping if we started the process right when she begins her 6 month stay that by the time she has to return there won't be much longer left in the process.

[kitsulli 1]

Also, would she be allowed to return here and there to visit friends and family while she's on her 6 month stay here? Will they give her more of a hassle if she does a month or two then returns for a day or so then comes back?

[Boiler 45,647]

Also, would she be allowed to return here and there to visit friends and family while she's on her 6 month stay here? Will they give her more of a hassle if she does a month or two then returns for a day or so then comes back?

Then it would not be one visit, each visit starts with an entry.

She should take evidence of her ties to Canade to be shown if asked, such things as where she lives, job etc,

[kitsulli 1]

Yes, I know it wouldn't be considered one visit. I guess the question in that case would just be would they give her issues for staying for periods of time then returning home for a day or two to visit family and friends then coming back as long as the total days in the US didn't exceed the allowed 6 months during the process I guess. If visits are allowed does it matter how long as long as its under that amount of time?

[kitsulli 1]

I guess I should also ask, what does one say when they are visiting for a longer amount of time when crossing? When they ask how long are you staying if you say a few months what will they even say even tho you are legally allowed to do so?

[Boiler 45,647]

There is no set time you are allowed to enter for, it is at the discretion of the Immigration Officer.

[Ontarkie 14,264]

~~Moved to Tourist Visas, from K1 P&P - as the OP is looking more into Visiting then the K1 process atm.~~

[TwoChickies 105]

My husband came to visit me in the states before we got married. The first time for 1 month. The officer was very nice and gave him no trouble, but told him to expect a very hard time getting in the next visit.

Next visit was for 4 months. Still an easy entry, not really any fuss.

We made the mistake however of crossing the border to visit some of his family in Niagara Falls. We thought the same as you, that since he had been allowed a "4 month stay" that he would be allowed back in the US with no problem. Our mistake.

Crossing back after being gone 5 days, the officer thought he was living in the US and we truly believed he was about to be denied entry. He gave him an extremely hard time but eventually let him back through to finish the duration of his stay.

I would strongly recommend bringing as many ties to Canada as possible. We were extremely lucky and looking back on it after being on VJ, I don't even know how he was allowed back in the third time. I don't mean to scare you or anything because it absolutely can be done, just be smarter than we were.

[kitsulli 1]

What was he saying his reason for such a long visit was for? When we have been talking about her visiting extended lengths of time we always wondered what exactly she would say, just that she was gonna stay for a while to see me? And if we do go back over we just say she was staying a few months and is returning to spend a few more?

Also,would saying we have a pending k1 work against her easily getting in for a few month stay? I know you are allowed to visit while it's pending but do they see doing extended stays during it bad?

Sorry for all the questions, I am probably asking the same questions a million times in different ways haha, I just have so many details in mind.

We definitely won't push our luck with crossing too much! I just know it'll happen a few times and it's been a big thing on my mind of things I'm worried about. That's where living so close is actually harder I suppose, bc it's so easy to go back and forth.

[TwoChickies 105]

If anything having a K1 in process might help because it shows you're doing it the legal way. Some people take their NOA1 (receipt from USCIS saying they have your petition) with them when crossing.

Normally the officer asks 'why are you visiting the states' and the answer would probably the same as what she tells them now, to visit you. So when they asked him that he said to visit his girlfriend and her family, they asked for how long and he said 4 months. No problem.

Since you guys live so close, if she happened to get denied at the border, while that would not be fun of course it also might not be too bad because she could try again later.

[kitsulli 1]

You're right, as long as we do things the right way and we are honest there's no reason to be so worried. And it definitely is a plus that if she gets denied there's always another officer on another day who will be in a better mood haha. And there wasn't much travel or money put into the try. Thank you, you have been so so helpful!