gta2011

Ok so I didnt know there was regional discussion forum for Canadians.

Please assist me by responding to my post constructively, which I posted in the visitor, AOS forum

here is the link:

http://www.visajourney.com/forums/topic/301169-aos-denied-banned-from-us-really/

Thanks.

You may want to join the Canada Regional Forum on this site and hear directly from Canadians who are going through the CR-1 process about their timing experiences. While the process is a great one for a spousal visa and will probably satisfy your criteria, unfortunately, the US Consulate in Montreal is seriously backed up and considered one of the slowest ones in the world.

The initial approval for the CR-1 (the I-130 petition filed in the US by your husband that initiates the process) may take up to 6 or 7 months (this varies throughout the year so is hard to predict as it depends a lot on what Service Center is processing the paperwork), but after the initial approval the process goes through the National Visa Center and finally to the US Consulate in Montreal. It is taking about 5 to 6 months just to schedule an interview at Montreal right now (although this can change during the next year to either go faster or slower), so regardless of what process you use - apply for the K-1 or get married and apply for the CR-1, your waiting times are probably going to be comparable. This is for the uncomplicated cases. The actual processing time isn't long - the waiting time is.

You will need to be in Canada for the second part of the process as the paperwork and notices are sent to a Canadian address and are processed in Canada - obtaining immigration medical, obtaining Canada wide police record checks, obtaining long form birth certificates, etc., and attending the interview in Montreal (the only US Consulate that processes immigration visas). While the paperwork cost is less than filing for a K-1, there are other costs involved that need to be considered. K-1s have the option of being interviewed in Vancouver as well as Montreal (depending on where you live). The immigration medicals can only be done by specific Panel physicians in Canada located in Montreal, Toronto and Vancouver. Generally, though, CR-1 is a cheaper and faster process as it provides you with permanent resident status when you cross the border with your visa and you can work and travel freely right away. K-1s need to apply for permission to become permanent residents, to work and to travel during that process and it is definitely a longer time frame.

Yes, you can visit during both processes with the caveat that you will need to prove your 'ties' to Canada on each and every visit to the US. Having established a good history with the border already from your many crossings will work in your favour, but as was mentioned, you just need one overly zealous or uninformed border guard (and yes, they both exist) to cause major headaches with a denial. It will be up to the border guard on each and every visit whether or not he will allow you to enter and for how long you are allowed to visit. It is your job to reassure him each and every time that you are not a threat to violating US immigration laws.

Proof of ties to Canada include things like copies of leases, mortgages, property ownership, registration of vehicles, proof of employment including proof of how long you have before you need to be back to work, class schedules for University/College, a return ticket or travel itinerary, recently paid insurance that covers a number of months in the future for home, vehicle, etc., upcoming doctors/dental appointments for which you need to return; purchasing travel medical insurance for the specific period of time that you are in the US, ongoing household and utility obligations, only bringing in clothing that is appropriate to the length of time and the weather during your visit, things like that. You need to show that you have financial and personal commitments that will necessitate your return to Canada. The more ties you have the easier it will be to reassure the border guard that you will return to Canada. Carrying a copy of the CR-1 (or K-1) paperwork is also a big plus because it shows that you are aware of the legal process and have implemented it, thus are less likely to jeopardize your ability to immigrate to the US by violating a visitor's visa.

Thanks Kathyrn for the thorough information you just posted. Greatly apprciated!

Could someone merge both the threads on this topic?

Yea, how do you do that cause I originally didn't know which section to post this in....eerrrrr

GTA,

looks like you are rather inexperienced what your options concern. Understand that AOS costs $1,070, in addition to the other costs involved, something that you could avoid by getting married to your boyfriend either in Canada or the US, and (in case you are getting married in the US) returning to Canada after the honeymoon. You then file for a CR-1 visa and -- once approved -- enter the US as a Lawful Permanent Resident, a Green Card Holder.

In such a case no AOS is needed, no K-1 either. You avoid headaches and uncertainty. It's the by far cheapest and most elegant way, and while the CR-1 application is being processed, you can visit the US like you are doing it now. In your particular situation, it's a non-brainer.

Thanks for all the feedback, you all have been helpful, especially the Canadians, lol

I'm sure others will find this helpful also, who are in the same situation as me right now!

Ok, so seriously if I filed for the Cr1 visa after marriage, how long would it really take?6 months?I heard that processing is fairly quick if your case is not complicated?

And according to the last post, I can enter back and fwd as I have been doing (at the border officers discretion i presume). Canadians can visit the US for up to 6 months in a year though, so I am assuming I cant spend 2, 3, 4 or even 6 months in the usa while its processing huh?

Wow, I have never seen such haters in my life?

Did I murder someone or did I ask a question? OMG

Like really.

I posted because I would like to hear from people who did this same process and THEIR experiences!!

Thanks.

Adjusting from tourist/visitor/student/work status.

http://www.visajourney.com/forums/forum/130-adjustment-of-status-from-work-student-tourist-visas/

Gotcha! Ok thanks!

Wouldn't be adjusting from family based visa so this is posted in the wrong spot. Maybe a mod can move this for you.

Oh, Is this in the wrong category? I would be adjusting from a visitor to a spouse of an American. Which category does this apply to?

Hello,

I am Canadian citizen (female) about to marry a US citizen and have been travelling across the border visiting my fiance for the last 3 years , once or twice a month and staying weekends or up to a week most times.Never once been seriously questioned,harassed,asked to step out vehicle Nadda.(inform officer I am visiting bf everytime!)

Okay, so I have searched the internet high and low to find Canadians who were denied or banned from the US for entering at the border as a visitor with plans of getting married to American, and then staying and filing AOS as spouse of an American. Seems most people get through the greencard interview regardless, if the marriage is legit and there are no other issues, that is.

It appears to me that most Canadians who have been going back and forward to the USA to visit a boyfriend/fiance/spouse, end up AOS successfully since their marriage ends up being a legitimate marriage. Seems that INS focuses more on if you overstayed, or have commited marriage fraud.

Yeah Yeah Yeah people keep talking about visa fraud because of your intents to stay in USA, you need to stay in Canada and file K1, Cr1 and wait, but I have not seen one person say they have been rejected for not doing such.

I am looking for feedback from others who took this route... either was banned/rejected and had to move back to Canada OR who completed this method successfully within the last 6 Months preferbly.

Thanks.