fiancee' Visiting Canada Can I file her I-129 and Have her Interview in Canada

[NH Man 1]

2 minutes ago, Transborderwife said:

No may about it, it's been uscis for about 14 years 

 

3 minutes ago, Transborderwife said:

No may about it, it's been uscis for about 14 years 

 

28 minutes ago, Dutchster said:

Did your wife acknowledge your temple wedding at the interview?

No acknowledgment or mentioned anywhere she was asked 3 questions pertaining to me, Where I work, live and what was the name of my ex-wife.

[NH Man 1]

23 hours ago, Dutchster said:

Did your wife acknowledge your temple wedding at the interview?

No, she did not.

[Jojo92122 1,924]

23 hours ago, NH Man said:

 

 

No acknowledgment or mentioned anywhere she was asked 3 questions pertaining to me, Where I work, live and what was the name of my ex-wife.

The problem is that the US Embassy does not believe the two of you have a real relationship.  You may need to go spend time with her to overcome this.

[NH Man 1]

1 minute ago, Jojo92122 said:

The problem is that the US Embassy does not believe the two of you have a real relationship.  You may need to go spend time with her to overcome this.

 

I understand that. But problem I have is can not shut down my business often and go see her in India or Canada. My livelihood depends on my business.

[Transborderwife 4,666]

29 minutes ago, NH Man said:

I understand that. But problem I have is can not shut down my business often and go see her in India or Canada. My livelihood depends on my business.

Do you have a business partner?  Can you hire someone to help?  What kind of business?

[NH Man 1]

5 minutes ago, Transborderwife said:

Do you have a business partner?  Can you hire someone to help?  What kind of business?

No, I do not, It is difficult to leave. Anytime I leave someone to take care of the business I have a financial loss and lose customers. I am a small business operator.

[Transborderwife 4,666]

3 minutes ago, NH Man said:

No, I do not, It is difficult to leave. Anytime I leave someone to take care of the business I have a financial loss and lose customers. I am a small business operator.

Well I'm afraid you're likely going to have to make an important decision, temporary loss or permanent?

[Jojo92122 1,924]

The US Governments wants to see a bona fide relationship.  That requires you to have more face time.  You can't avoid this.

 

Choose between a temporary financial loss by going to her vs the permanent loss of your love because she can't come to you.

[NH Man 1]

5 minutes ago, Transborderwife said:

Well I'm afraid you're likely going to have to make an important decision, temporary loss or permanent?

Yes, I am very well aware of that. Both are important at this moment. Everyone have their unique situation. Unfortunately, my situation is not favorable.

[Jojo92122 1,924]

Best of luck.  Hope the two of you will be together soon.

[NH Man 1]

1 hour ago, Jojo92122 said:

The US Governments wants to see a bona fide relationship.  That requires you to have more face time.  You can't avoid this.

 

Choose between a temporary financial loss by going to her vs the permanent loss of your love because she can't come to you.

 

Yes, indeed my relationship is bonafide. But where can find, read or see the requirement of their policies, rules, and Laws of the US Immigration.Do they specify how much time to spend with your fiance' or fiancee'.or they just interpret as they wish to? They have specified every other requirement but not this one!

[Jojo92122 1,924]

There is no specified amount of time.  It's a case-by-case basis.  

 

Perhaps you should get an immigration lawyer to help you.

 

Best of luck.

[geowrian 22,336]

13 minutes ago, NH Man said:

Yes, indeed my relationship is bonafide. But where can find, read or see the requirement of their policies, rules, and Laws of the US Immigration.Do they specify how much time to spend with your fiance' or fiancee'.or they just interpret as they wish to? They have specified every other requirement but not this one!

If you have a few lifetimes to read and a law degree:

FAM: https://fam.state.gov/

USCIS/INA: https://www.uscis.gov/ilink/docView/SLB/HTML/SLB/act.html

 

K-1: https://fam.state.gov/fam/09FAM/09FAM050207.html#M502_7_5

Specifically, look under 9 FAM 502.7-5(C)(5):

"b. K-1 Relationship Not Satisfactorily Bona Fide:

(1)  You should return the K-1 petition to DHS for reconsideration if not satisfied with respect to the bona fides of the relationship or if the petitioner indicates that he or she no longer intends to go forward with the marriage.

(2)  If you find that the fiancé(e) or marital relationship is not bona fide but is a sham entered into solely for immigration benefits, you should return the K-1 or K-3 petition to NVC with a recommendation for revocation under cover of a memorandum detailing the specific, objective facts giving rise to post’s conclusion.  VO/F and FPP can answer questions and provide assistance in writing effective revocation memos.  All immigrant and K-1/K-3 visa revocation cases are to be returned to the following address:"

 

But the simplified version is it is at their discretion. There is no minimum time required for a relationship. One couple could be approved who knew each other for a month before filing, whereas another refused who have been dating for several years. The CO has to look at the totality of the circumstances and make a judgement call.

Edited May 24, 2017 by geowrian