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Lyric

Everything is falling apart completely. I need help, please.

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Filed: K-1 Visa Country: Canada
Timeline

As some of you know, my fiance has been fighting cancer for a year now. Supposedly it was gone but now it is back. Everything is a huge mess and I am 99% he is not going to the interview now even though we FINALLY got an interview date for November 1st. :crying:

A few months ago I had spoken with two different attorneys who said that if we get married in the states and eventually want to bring him here, then he can easily be denied because he came over for the intent to marry and of course our laws don't allow that.

The only reason I'd even consider us just making a day trip to Buffalo to get married would be so that we can immediately start paperwork for me to go to Canada and live. However, if a miracle happens and he eventually overcomes this, we might want to move to the U.S. at some point. I don't want that one choice to totally screw our chances of bringing him here some day.

At the same time, his illness may be so bad that he never gets better. Everything is so up in the air and I'm terrified...again. This time though, things seem much, much worse.

I don't know what to do.

After going through all that, my question is this: Have any of you married in The States, had your spouse go back to Canada, then were approved on the spousal visa to the U.S. without a problem? :(

1/28/06 Sent I-129 to TSC

2/08/06 Received NOA1

4/24/06 NOA 2 online

5/01/06 NOA 2 Received in the mail

5/11/06 Case Received at NVC

6/01/06 Packet 3 Received

6/28/06 Packet 3 Sent to Montreal

10/26/06 Interview date - POSTPONED :(

01/25/07 Interview Postponed.....again

11/01/07 Third and final Interview date allowed.

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Filed: Other Country: Canada
Timeline

i am so sorry.... (F)

a lot of people get married in the US and then go back to their country to file the paperwork... :thumbs:

the problem is if someone goes to the US with the intent of marriage, gets married and then stays in the US...

getting married in the US will have no effect on a future visas :no: just on the type of visa you can apply for.... which of course would be the Cr1/IR1 and or the K3

Edited by MarilynP
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Filed: IR-1/CR-1 Visa Country: Canada
Timeline

Hi,

You should have no problem doing that - as Marilyn mentioned.

Sorry to hear your fiance is still not well. Sounds like you have come up with a solid plan, getting married and then starting the Canadian immigration process - let us know when you are getting married and good luck!

Oh and I was just thinking, if you think it will be a problem for him to travel all that way for the wedding, why not come up to Canada and get married and then just return to the U.S. to wait out the initial processing for Canada - just a suggestion anyway.

Edited by trailmix
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Filed: K-1 Visa Country: Canada
Timeline
Hi,

You should have no problem doing that - as Marilyn mentioned.

Sorry to hear your fiance is still not well. Sounds like you have come up with a solid plan, getting married and then starting the Canadian immigration process - let us know when you are getting married and good luck!

No, it's only my plan, unfortunately at this point. I don't know what's going to happen. At this point I'm trying to figure out all our options.

I'm so depressed. We have had nothing but things go from bad to worse throughout this entire process. :(

1/28/06 Sent I-129 to TSC

2/08/06 Received NOA1

4/24/06 NOA 2 online

5/01/06 NOA 2 Received in the mail

5/11/06 Case Received at NVC

6/01/06 Packet 3 Received

6/28/06 Packet 3 Sent to Montreal

10/26/06 Interview date - POSTPONED :(

01/25/07 Interview Postponed.....again

11/01/07 Third and final Interview date allowed.

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Filed: AOS (apr) Country: Canada
Timeline

Sorry to hear things are not going well. As others mentioned, there is nothing illegal or fraudulent about entering the U.S. with intent to marry. The fraudulent part is if he enters as a visitor with intent to marry and stay at that time. I travelled to the U.S. to get married, but I went home after that, filed K3 and then entered on that and filed AOS and now have my GC.

Edited by misa

K3 Timeline - 2006-11-20 to 2007-03-19

See the comments section in my timeline for full details of my K3 dates, transfers and touches. Also see my Vancouver consulate review and my POE review.

AOS & EAD Timeline

2007-04-16: I-485 and I-765 sent to Chicago (My AOS/EAD checklist)

2007-04-17: Received at Chicago

2007-04-23: NOA1 date (both)

2007-05-10: Biometrics appointment (both - Biometrics review)

2007-06-05: AOS interview letter date

2007-06-13: AOS interview letter received in mail

2007-07-03: EAD card production ordered

2007-07-07: EAD card received! (yay!)

2007-08-23: AOS interview (Documents / Interview review)

2007-08-23: Green card production ordered!!!

2007-08-24: Welcome notice mailed!

2007-08-27: Green card production ordered again... ?

2007-08-28: Welcome notice received!

2007-09-01: Green card received!

Done with USCIS until May 23, 2009!

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Filed: K-1 Visa Country: Canada
Timeline
I remember that your fiance was having a problem with his phone and internet, did you eventually get that all sorted out?

He got internet. Finally.

1/28/06 Sent I-129 to TSC

2/08/06 Received NOA1

4/24/06 NOA 2 online

5/01/06 NOA 2 Received in the mail

5/11/06 Case Received at NVC

6/01/06 Packet 3 Received

6/28/06 Packet 3 Sent to Montreal

10/26/06 Interview date - POSTPONED :(

01/25/07 Interview Postponed.....again

11/01/07 Third and final Interview date allowed.

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Filed: K-1 Visa Country: Canada
Timeline
Sorry to hear things are not going well. As others mentioned, there is nothing illegal or fraudulent about entering the U.S. with intent to marry. The fraudulent part is if he enters as a visitor with intent to marry and stay at that time. I travelled to the U.S. to get married, but I went home after that, filed K3 and then entered on that and filed AOS and now have my GC.

Ok, my next question is this. When you crossed the border did you tell them you were getting married?

He lives in Toronto, so it would be a quick drive to Buffalo if we just went for the day to Niagara Falls, got married and I took him back home.

1/28/06 Sent I-129 to TSC

2/08/06 Received NOA1

4/24/06 NOA 2 online

5/01/06 NOA 2 Received in the mail

5/11/06 Case Received at NVC

6/01/06 Packet 3 Received

6/28/06 Packet 3 Sent to Montreal

10/26/06 Interview date - POSTPONED :(

01/25/07 Interview Postponed.....again

11/01/07 Third and final Interview date allowed.

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Filed: K-1 Visa Country: Canada
Timeline
Hi,

You should have no problem doing that - as Marilyn mentioned.

Sorry to hear your fiance is still not well. Sounds like you have come up with a solid plan, getting married and then starting the Canadian immigration process - let us know when you are getting married and good luck!

Oh and I was just thinking, if you think it will be a problem for him to travel all that way for the wedding, why not come up to Canada and get married and then just return to the U.S. to wait out the initial processing for Canada - just a suggestion anyway.

Believe me, I'm working on that option too. However, it takes anywhere from three to four months just to get the stupid marriage certificate in Ontario. It is insane. Then another...who knows how many months and months to get me a Canadian visa. I don't know how much time we have and this is why I'm trying to find the quickest yet most legal option no matter where we want to eventually live. *sigh*

1/28/06 Sent I-129 to TSC

2/08/06 Received NOA1

4/24/06 NOA 2 online

5/01/06 NOA 2 Received in the mail

5/11/06 Case Received at NVC

6/01/06 Packet 3 Received

6/28/06 Packet 3 Sent to Montreal

10/26/06 Interview date - POSTPONED :(

01/25/07 Interview Postponed.....again

11/01/07 Third and final Interview date allowed.

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Filed: IR-1/CR-1 Visa Country: Canada
Timeline

I'm not sure how much Immigration Canada frowns on a person just showing up and getting married here and just staying then applying for permanent residency.

It's what we did and had no problem at all, has anyone else done that and encountered a problem at all?

Plus he lives in Toronto or around there doesn't he, can't you just get the marriage license on the same day? Anyone have experience getting a license in Ontario? A few weeks wait seems quite unusual.

Edited by trailmix
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Filed: AOS (apr) Country: Canada
Timeline
Ok, my next question is this. When you crossed the border did you tell them you were getting married?

He lives in Toronto, so it would be a quick drive to Buffalo if we just went for the day to Niagara Falls, got married and I took him back home.

Oh hell no... even though I had every intention of returning and brought proof of ties, I didn't really tell the truth because I didn't want to get denied. Well, sort of. Told them I was seeing a friend. Went back home after 4 days.

K3 Timeline - 2006-11-20 to 2007-03-19

See the comments section in my timeline for full details of my K3 dates, transfers and touches. Also see my Vancouver consulate review and my POE review.

AOS & EAD Timeline

2007-04-16: I-485 and I-765 sent to Chicago (My AOS/EAD checklist)

2007-04-17: Received at Chicago

2007-04-23: NOA1 date (both)

2007-05-10: Biometrics appointment (both - Biometrics review)

2007-06-05: AOS interview letter date

2007-06-13: AOS interview letter received in mail

2007-07-03: EAD card production ordered

2007-07-07: EAD card received! (yay!)

2007-08-23: AOS interview (Documents / Interview review)

2007-08-23: Green card production ordered!!!

2007-08-24: Welcome notice mailed!

2007-08-27: Green card production ordered again... ?

2007-08-28: Welcome notice received!

2007-09-01: Green card received!

Done with USCIS until May 23, 2009!

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Filed: K-1 Visa Country: Canada
Timeline
I'm not sure how much Immigration Canada frowns on a person just showing up and getting married here and just staying then applying for permanent residency.

It's what we did and had no problem at all, has anyone else done that and encountered a problem at all?

Well, we can't do that option either. I wouldn't be allowed to work and if he gets to a point that he can't work, we're really in trouble financially. That is why we would have to marry either there or the U.S. and then I'd have to stay in the U.S. while we wait for Canada Immigration paperwork to go through.

1/28/06 Sent I-129 to TSC

2/08/06 Received NOA1

4/24/06 NOA 2 online

5/01/06 NOA 2 Received in the mail

5/11/06 Case Received at NVC

6/01/06 Packet 3 Received

6/28/06 Packet 3 Sent to Montreal

10/26/06 Interview date - POSTPONED :(

01/25/07 Interview Postponed.....again

11/01/07 Third and final Interview date allowed.

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Filed: IR-1/CR-1 Visa Country: Canada
Timeline

Yep, we told the border guard that we intended on getting married.

I'm so sorry to hear about your fiance. What about going to Canada to stay and if you eventually decided to come to the US then you could file DCF?

CR1 application

I-130: 03/26/2007-07/02/2007 at NSC

NVC: 07/20/2007-11/08/2007

Interview at Montreal Consulate: 01/18/2008

(2 months' additional security checks)

Received Green Card: 05/12/2008

Removal of Conditions

I-751: 2/25/10-

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Filed: K-1 Visa Country: Canada
Timeline
Yep, we told the border guard that we intended on getting married.

I'm so sorry to hear about your fiance. What about going to Canada to stay and if you eventually decided to come to the US then you could file DCF?

They didn't give you a hard time about coming into the U.S. just to get married? I figured that'd be an automatic non-cross, just in case they'd be afraid of your husband staying in the country.

So, apparently to get married in Buffalo there is a 24 hour waiting period, so we'd have to stay overnight. :( I just don't trust anything at this point. I'd be scared to death that they'd deny us entry even if we explain our situation. I guess we have to try anyway, though. This is so freaking stressful.

1/28/06 Sent I-129 to TSC

2/08/06 Received NOA1

4/24/06 NOA 2 online

5/01/06 NOA 2 Received in the mail

5/11/06 Case Received at NVC

6/01/06 Packet 3 Received

6/28/06 Packet 3 Sent to Montreal

10/26/06 Interview date - POSTPONED :(

01/25/07 Interview Postponed.....again

11/01/07 Third and final Interview date allowed.

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Filed: IR-1/CR-1 Visa Country: Canada
Timeline

This is just my 2 cents worth.

You would probably be better off going to Canada to get married - then you don't have the stress of him possibly being turned back at the border (although it apparently doesn't seem to be a problem).

Hopefully he will make a full recovery soon, however if he does require some time off work to recover there are programs in place for that and while things might be tight - it won't be the end of the world.

Sometimes you just have to do what you have to do.

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