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Fastest way to have my fiance with me in the USA

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Hello all,

I am a US citizen who has been living in Canada with my Canadian fiance for the past 2.5 yrs. I have recently accepted a job offer back home in the US and would like to immigrate my fiance to the US. I am aware that I have two options here (K-1 visa and C-R1). My goal is to have my fiance with me in the US as quickly as possible and am aware that K-1 might be my best bet, however I was wondering if anyone was aware of a way for me to move her down faster or offer insight into another option. Maybe a work visa? As a Canadian she can visit me without a visa. I've read on this forum of another possibility in which she could visit me, get married and simply stay and apply for an adjustment of status. With this option she won't be able to go back to Canada until her application is finalized. Would there be any reprecussions with this alternative? Your feedback would be appreciated.

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Visiting on her Canadian travel privilege with the intent to stay/ immigrate and adjust status due to marriage is visa fraud and illegal, don't do it.

If she is here on a legit other visa, such as a work visa, then she CAN adjust status. She might look into the TN visa.


Bye: Penguin

Me: Irish/ Swiss citizen, and now naturalised US citizen. Husband: USC; twin babies born Feb 08 in Ireland and a daughter in Feb 2010 in Arkansas who are all joint Irish/ USC. Did DCF (IR1) in 6 weeks via the Dublin, Ireland embassy and now living in Arkansas.

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She can not come over as a "visitor" with the intention of marrying you and adjusting status. That is fradulent and illegal. It really is frustrating that there are no faster ways of doing it, but everyone with a foreign spouse is/was suffering through the long process, hence why you can not adjust from a visitor status and "jump the line." Everyone is deeply missing their spouses and if that were an option, everyone would be doing it.

K-1 is definitely faster, but keep in mind then she is not allowed to work until after she has arrived in the states, you've completed the marriage, and you have filed for AOS. Otherwise if you get married now in Canada and file the CR-1 petition she can work right away (and the filing fees are less), but the process takes about a year. You can visit each other during the wait, though.

Yes, she could adjust status if she is here on a work visa.

Good luck on your journey!


Married: 5-July-2015
----------
I-130 Petition Sent: 11-May-2016
NSC Received (Our Priority Date): 12-May-2016
NOA2 Received: 30-September-2016 141 days for I-130 approval
**Note: We received four text messages at 6:45 AM CST (Friday) about our case status update. We never received an e-mail nor alert from the app**
NOA2 Hard Copy Received: 06-October-2016
----------
Petition Sent to NVC: 17-October-2016 17 days for petition to be sent to NVC
**No alert of any kind received for this update; saw the change by logging into USCIS website**
NVC Received: 21-October-2016 4 days to be received at NVC
NVC Case Number Assigned: 31-October-2016 10 days for case number to be assigned
**Called NVC on 2-November-2016 and she said case and invoice number had been assigned 31-October.**
NVC Welcome Letter Received: 3-November-2016 @ 12:10 AM 3 days from case number assigned until Welcome Letter received and invoices unlocked
IV and AOS Fees Unlocked: 3-November-2016 @ 7:00 AM
IV and AOS Fees Paid: 3-November-2016
DS-260 Unlocked: 7-November-2016 2.5 business days for DS-260 to be unlocked
DS-260 Submitted: 8-November-2016
AOS & IV Documents Sent: 9-November-2016
Scan Date: 14-November-2016 5 days to receive scan date due to a holiday/weekend
Medical expedite requested: 14-December-2016
Medical expedite approved at consulate: 19-December-2016 Expedite approved with consulate but denied at NVC; still need to wait for case complete
Case on Supervisor Review: 22-December-2016
Case sent to the Review Department: 13-January-2017
Case Complete: 24-January-2017     10 weeks and 2 days at NVC before case completed
Case arrived at consulate/CEAC status "Ready": 1-February-2017
Interview: 21-February-2017   We scheduled our own interview because we had an approved medical expedite with the consulate. By sheer luck we got such a quick interview date because someone cancelled their appointment less than 20 minutes prior
Interview Result: Approved!!
Visa Issued: 21-February-2017     Visa issued same day as interview
DHL tracking information received: 22-February-2017     DHL tracking number appeared 28 hours after interview, scheduled for delivery the next day
Visa in hand: 23-Feb-2017
US POE (Minneapolis): 26-Feb-2017
 
 
 
 

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The fastest way isn't necessarily the best way. K-1 visa holders are unable to work or travel internationally for about three months after the marriage. In the time between arrival into the USA and marriage they are very much in limbo with no real status. During this time many have found they struggle to get a driving licence, for example. Personally, I don't see how the K-1 could ever be suitable for someone with a career and who lives in a VWP country or Canada where they can visit relatively easily. K-1s are taking about 6 months. I've seen spouse visas lately taking around 8 months. In the past when spouse visas were taking years to processs I can see why the K-1 was so tempting. But not anymore. I'm hoping our case is 10 months from submitting I-130 to having my visa in hand and we had a longer than average processing time for the I-130. Would I have done a K-1 just to shave 4 months off that processing time and find myself unable to work or leave the country for months? Absolutely not. I visited my husband twice during the process. We survived.


 

 

 

 

 

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Thank you all :) I'm the Canadian fiance. I'm just kicking myself that we haven't started with it early enough. But we were not planning to move to the US this soon. I have a good job here and he was going to get one here but the Alberta economy is not doing well at the moment.

Anyway, now I realized that I should not get married and stay in US while I visit with VWP. TN visa looked promising. Do you know any thread here about it? I was not able to find one. With TN visa, how soon can I get married once I arrived in the US? If I get married right away and start C-R1, would that look suspicious?

Is the CR1 application process pretty self explanatory? Would you recommend hiring a lawyer?

Thank you!!

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Thank you all :) I'm the Canadian fiance. I'm just kicking myself that we haven't started with it early enough. But we were not planning to move to the US this soon. I have a good job here and he was going to get one here but the Alberta economy is not doing well at the moment.

Anyway, now I realized that I should not get married and stay in US while I visit with VWP. TN visa looked promising. Do you know any thread here about it? I was not able to find one. With TN visa, how soon can I get married once I arrived in the US? If I get married right away and start C-R1, would that look suspicious?

Is the CR1 application process pretty self explanatory? Would you recommend hiring a lawyer?

Thank you!!

Side note: Canada is not part of the VWP program. Canadians have something even better: automatic B1/B2 status as visitors.

No lawyer is necessary, but you do have to do a little research.

Two different processes:

If you are in the US on a visa (like TN) and you are married to a USC, then you are applying for Adjustment of Status (Green Card), not for a visa.

If you are in Canada and are married to a USC, you can have your spouse file an I-130 petition for you, eventually leading to a CR-1 (spousal) visa, and upon entry to the US, a Green Card.

It is perfectly fine to get married while visiting the US as long as you go back to Canada to wait out the spousal visa process.

Edited by EM_Vandaveer

Entry on VWP to visit then-boyfriend 06/13/2011

Married 06/24/2011

Our first son was born 10/31/2012, our daughter was born 06/30/2014, our second son was born 06/20/2017

AOS Timeline

AOS package mailed 09/06/2011 (Chicago Lockbox)

AOS package signed for by R Mercado 09/07/2011

Priority date for I-485&I-130 09/08/2011

Biometrics done 10/03/2011

Interview letter received 11/18/2011

INTERVIEW DATE!!!! 12/20/2011

Approval e-mail 12/21/2011

Card production e-mail 12/27/2011

GREEN CARD ARRIVED 12/31/2011

Resident since 12/21/2011

ROC Timeline

ROC package mailed to VSC 11/22/2013

NOA1 date 11/26/2013

Biometrics date 12/26/2013

Transfer notice to CSC 03/14/2014

Change of address 03/27/2014

Card production ordered 04/30/2014

10-YEAR GREEN CARD ARRIVED 05/06/2014

N-400 Timeline

N-400 package mailed 09/30/2014

N-400 package delivered 10/01/2014

NOA1 date 10/20/2014

Biometrics date 11/14/2014

Early walk-in biometrics 11/12/2014

In-line for interview 11/23/2014

Interview letter 03/18/2015

Interview date 04/17/2015 ("Decision cannot yet be made.")

In-line for oath scheduling 05/04/2015

Oath ceremony letter dated 05/11/2015

Oath ceremony 06/02/2015

I am a United States citizen!

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Side note: Canada is not part of the VWP program. Canadians have something even better: automatic B1/B2 status as visitors.

No lawyer is necessary, but you do have to do a little research.

Two different processes:

If you are in the US on a visa (like TN) and you are married to a USC, then you are applying for Adjustment of Status (Green Card), not for a visa.

If you are in Canada and are married to a USC, you can have your spouse file an I-130 petition for you, eventually leading to a CR-1 (spousal) visa, and upon entry to the US, a Green Card.

It is perfectly fine to get married while visiting the US as long as you go back to Canada to wait out the spousal visa process.

If I am in the US on a TN visa, can I marry my fiance right away to start the AOS application process?

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If I am in the US on a TN visa, can I marry my fiance right away to start the AOS application process?

TN is a non-immigrant visa. Entering on TN with the intention of filing AOS straight away is basically the same as doing so on Canadian visitor status, e.g. visa fraud.

Visiting on her Canadian travel privilege with the intent to stay/ immigrate and adjust status due to marriage is visa fraud and illegal, don't do it.

If she is here on a legit other visa, such as a work visa, then she CAN adjust status. She might look into the TN visa.

Isn't getting TN with he intention of marrying and filing AOS straight away visa fraud the same way doing it on a tourist visa is? TN is a non-immigrant visa.


Entry on VWP to visit then-boyfriend 06/13/2011

Married 06/24/2011

Our first son was born 10/31/2012, our daughter was born 06/30/2014, our second son was born 06/20/2017

AOS Timeline

AOS package mailed 09/06/2011 (Chicago Lockbox)

AOS package signed for by R Mercado 09/07/2011

Priority date for I-485&I-130 09/08/2011

Biometrics done 10/03/2011

Interview letter received 11/18/2011

INTERVIEW DATE!!!! 12/20/2011

Approval e-mail 12/21/2011

Card production e-mail 12/27/2011

GREEN CARD ARRIVED 12/31/2011

Resident since 12/21/2011

ROC Timeline

ROC package mailed to VSC 11/22/2013

NOA1 date 11/26/2013

Biometrics date 12/26/2013

Transfer notice to CSC 03/14/2014

Change of address 03/27/2014

Card production ordered 04/30/2014

10-YEAR GREEN CARD ARRIVED 05/06/2014

N-400 Timeline

N-400 package mailed 09/30/2014

N-400 package delivered 10/01/2014

NOA1 date 10/20/2014

Biometrics date 11/14/2014

Early walk-in biometrics 11/12/2014

In-line for interview 11/23/2014

Interview letter 03/18/2015

Interview date 04/17/2015 ("Decision cannot yet be made.")

In-line for oath scheduling 05/04/2015

Oath ceremony letter dated 05/11/2015

Oath ceremony 06/02/2015

I am a United States citizen!

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TN is a non-immigrant visa. Entering on TN with the intention of filing AOS straight away is basically the same as doing so on Canadian visitor status, e.g. visa fraud.

Isn't getting TN with he intention of marrying and filing AOS straight away visa fraud the same way doing it on a tourist visa is? TN is a non-immigrant visa.

I think you are right... I thought it was a non immigrant visa but with dual intent, but it is not.


Bye: Penguin

Me: Irish/ Swiss citizen, and now naturalised US citizen. Husband: USC; twin babies born Feb 08 in Ireland and a daughter in Feb 2010 in Arkansas who are all joint Irish/ USC. Did DCF (IR1) in 6 weeks via the Dublin, Ireland embassy and now living in Arkansas.

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Most visa's etc are effectively dual intent.


“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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