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Illiuar

Hello, I'm looking for direction...

By Illiuar in Introducing our Members

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Illiuar Newbie

Illiuar   0

Posted
Filed: Country: Canada
 Timeline
Posted

Hey, my name is Thomas and im looking to get my girlfriend to move down from Canada, however there are some difficulties and I am not sure what the best way to go about it is or where to post it to. Ill give you the tl;dr of my situation, and if you need more information please ask and i'll answer to the best of my abilities.

I am a Canadian citizen with American Permanent Residence status. I have been in the country for ~9 years.

Girlfriend Canadian citizen with 9y/o Daughter (not mine).
The child's father is not on the birth certificate and not involved with the child's life other than paying child support.

We plan on having a marriage ceremony in late 2017 in Canada and having both of them move down shortly after that. The legally official marriage can be through a Justice of the Peace at just about any time.

My major question is what would be the best way to go about this so as to not disrupt her daughters schooling and get them down. We are willing to get marraried, im willing to adopt, and I can get my citizenship.

Thank you all for your help.

teeak Proficient

teeak   224

Posted
Filed: FB-2 Visa Country: Bangladesh
 Timeline
Posted

If you get married and file as a LPR, you would need to file a petition by completing an I-130 for both your wife and for her daughter. Since, she's underage, you are allowed to file as a step-parent (although during the interview stage, you'll need a signed consent from the child's father allowing her to immigrate). This would put them in the F2A category which has a current priority date of April 2014. So it's about a 1.5 year wait after the petition is filed and then another maybe 6-10 months till interview.

However, if you obtain your US citizenship then then there is no wait time after the petition is approved. The petition will go directly to the national visa center where you can continue processing.

If you'd like for them to come to the US quickly after getting married, I'd suggest obtaining your US citizenship. The entire process from petition filed to arrival would be about a one year process, if everything goes smoothly. Once they obtain their visa, they have 6 months from the date of their medical to enter the US, so in order to not disrupt schooling, they can always enter the US once her school year ends.

Once you obtain your USC, you also have the option of filing a I-129F and obtaining a K-1 (fiance) visa which has been a bit quicker than the spousal visa lately but, not sure if it'll stay this way by 2017.

F2B

(Helping aunt with cousin's petition)

01/02/2011: PD (Priority Date)
01/04/2011: I-130 NOA1

02/16/2011: I-130 NOA2

08/04/2016: Received DS-261/AOS Bill

08/06/2016: Completed DS-261/Paid AOS Bill

08/16/2016: Received IV Bill

10/11/2016: Submitted AOS/IV documentation

10/11/2016: Paid IV fee bill

10/14/2016: Submitted DS-260

teeak Proficient

teeak   224

Posted
Filed: FB-2 Visa Country: Bangladesh
 Timeline
Posted

If we were to file as married, would the marriage certificate need to be from the US or Canada, or does it matter?

Btw Teeak, thank you so much for your response.

It doesn't really matter, depends on where you'd like to marry since your girlfriend has the option of visiting the US. As long as the marriage is legal in the country you're marrying, it'll be accepted by the US government.

F2B

(Helping aunt with cousin's petition)

01/02/2011: PD (Priority Date)
01/04/2011: I-130 NOA1

02/16/2011: I-130 NOA2

08/04/2016: Received DS-261/AOS Bill

08/06/2016: Completed DS-261/Paid AOS Bill

08/16/2016: Received IV Bill

10/11/2016: Submitted AOS/IV documentation

10/11/2016: Paid IV fee bill

10/14/2016: Submitted DS-260

TBoneTX Grand Master

TBoneTX   45,497

Posted
Filed: Citizen (apr) Country: Ecuador
 Timeline
Posted

Welcome to the forum.

06-04-2007 = TSC stamps postal return-receipt for I-129f.

06-11-2007 = NOA1 date (unknown to me).

07-20-2007 = Phoned Immigration Officer; got WAC#; where's NOA1?

09-25-2007 = Touch (first-ever).

09-28-2007 = NOA1, 23 days after their 45-day promise to send it (grrrr).

10-20 & 11-14-2007 = Phoned ImmOffs; "still pending."

12-11-2007 = 180 days; file is "between workstations, may be early Jan."; touches 12/11 & 12/12.

12-18-2007 = Call; file is with Division 9 ofcr. (bckgrnd check); e-prompt to shake it; touch.

12-19-2007 = NOA2 by e-mail & web, dated 12-18-07 (187 days; 201 per VJ); in mail 12/24/07.

01-09-2008 = File from USCIS to NVC, 1-4-08; NVC creates file, 1/15/08; to consulate 1/16/08.

01-23-2008 = Consulate gets file; outdated Packet 4 mailed to fiancee 1/27/08; rec'd 3/3/08.

04-29-2008 = Fiancee's 4-min. consular interview, 8:30 a.m.; much evidence brought but not allowed to be presented (consul: "More proof! Second interview! Bring your fiance!").

05-05-2008 = Infuriating $12 call to non-English-speaking consulate appointment-setter.

05-06-2008 = Better $12 call to English-speaker; "joint" interview date 6/30/08 (my selection).

06-30-2008 = Stokes Interrogations w/Ecuadorian (not USC); "wait 2 weeks; we'll mail her."

07-2008 = Daily calls to DOS: "currently processing"; 8/05 = Phoned consulate, got Section Chief; wrote him.

08-07-08 = E-mail from consulate, promising to issue visa "as soon as we get her passport" (on 8/12, per DHL).

08-27-08 = Phoned consulate (they "couldn't find" our file); visa DHL'd 8/28; in hand 9/1; through POE on 10/9 with NO hassles(!).

 

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