US Immigration from Canada

My girlfriend s B1B2 was physically cancelled last week when she was coming in for a week long visit. It was cancelled because last year she had an overstay (due to pandemic related to all of her documents stolen during a car robbery 2 weeks prior to her departure) on her previous B1B2 visa which was inside a stolen passport. She got a new B1B2 in February and used it to visit once without issue. This time.. They cancelled it. During secondary the officer said she had an overstay. She said it was on her old visa. It was discovered that on the B1B2 visa application she put 6 months down from the dropdown for her last USA stay. She doesn t remember what they other options were. At the time of filling out the application it was already stolen and she was here maybe around 7 months. We don t know if that s exactly why he cancelled the new visa but we can only assume that he felt it was his responsibility in case the Consular Interviewer somehow missed it on her I94 during her via interview. At the new visa appointment she disclosed her overstay from the previous year on previous stolen visa and of course it was on her I-94. I guess the CBP officer didn t care that she was issued a new one.

We were not planning on getting married urgently, or just yet. She was not planning on anything in the USA, she had 300 more physically presence days required in Canada to get her Canadian Passport. Prior to this, we had only gone as far as thought about it independently about marriage.

Now, she is going to apply for a new B1B2 to see if there are any visa appointments available and list the erroneous visa cancellation as a reason for visa appointment expedition . In Canada right now it seems that the soonest visa appt is Calgary in 300 days. The rest are showing 999 days.

We hope she can find a B1B2 visa appointment within 2 months and get the B1B2. If it s longer than that - and since there is a risk they will not issue it anyway Then we ll just get married. We ve been in a loving relationship for close to two years - this just isn t how we imagined or thought we would be getting married.

If the appointment is anything longer than 2 months, we plan on getting married and submitting I-130 petition. Submitting the B1B2 application as unmarried and marking that she doesn t have a petition filed on her behalf. Then marriage and petition filed and start of IR1 process. Waiting for B1B2 appointment meanwhile and in a few months going to it, and if we have gone through with marriage to let them know there that she has since been married and petition filed. She is a highly paid executive in Canada that works as a Canadian Permanent Resident in their corporate office. It s not like she would just come across the border and stay here to stay at home illegaly for the rest of her life to cook and clean without the profession she s studied and worked for her whole life. That our hope why they would grant a B1B2 (no illegal immigration intention or benefit) with a petition in place.

I now find myself in Toronto. We are looking for a larger appt here in Toronto until the conclusion of this mess. I m shuffling running two businesses in the U.S. and traveling up to Toronto to be together every other week.

Guys, this is the beginning of our journey. Any comments about our plan are most welcome. Any suggestions or issues to point out, etc.

Be kind please, I know and realize our situation is easiest than most have it and yet it s incredibly difficult and a sudden shift for us.

Thanks for taking the time to read.

Hi Everyone!

My I-131 and I-765 both went to NBC. The processing time for I-131 is only 3 to 5 months while it is longer for I-765 at 8.5 to 9.5 months. Since it is a combo, does this mean that even if I-131 is approved earlier, I will not be able to travel and leave the US if the I-765 is still outstanding? I only care about AP as I work remotely for a Canadian company. I wonder if I should cancel I-765.

Please provide advice. Thanks!

Just a question regarding if anyone is experiencing the same issue or has any information regarding the Consulate in Montreal Canada. are they currently taking k'1/Fianc visa's. We were happy to hear that our case was approved on April, 23rd, 2021. We have contacted the NVC 3 times,

And from what i can tell they are still not taking appointments for k'1 visa's. Just wondering if anyone here is dealing with the issues as well. Would be nice to know if/when they plan on opening up the K'1 appointments.

My EAD and AP document have been approved and mailed to me, arriving on Monday! Will my Social security number be included? Or Is there something I have to do to get my SSN number.

thanks!

When researching the K1 process, I see a lot of people mentioning that different embassies tend to be tougher than others. In the tougher embassies, more and better evidence tends to be required for both the I-129F (proof of having met within the last two years) and the visa interview (proof of bona fide relationship).

How does the Montreal embassy slot into the spectrum of strictness? I would guess that it would be pretty lenient, just because I don't imagine there's much immigration fraud coming from Canada. But it would make me a lot more comfortable to hear from people who know first-hand what to expect.

My concern stems from the fact that, despite being with my girlfriend for 4 years and her driving across the border from Buffalo to visit me in Canada on weekly basis, we actually don't have much in the way of evidence for either the I-129F or the visa stage. Passports don't get stamped at the CAN/US border; we never go on vacation (so no hotels, entertainment tickets, etc.); I've always hated having pictures taken; we don't use Facebook; we never split bills when we pay for stuff; chat logs don't seem like good evidence of anything because there's no proof it's her on the other side of the screen; and so on.

There are certainly things I can seek out to create such concrete evidence, especially for the I-129F proof of meeting within 2 years. But how much evidence I need to create depends a lot on how strict I should expect the embassy to be.

So, for anyone who's gone through the K1 process in Canada (or somehow knows a lot about it), what sort of evidentiary standards should I be expecting to meet, roughly?

Thanks!