yutsoku

Ahh so it sounds like I just had it wrong. I see thanks a lot guys, that's a lot of good information. I appreciate your time.

*Moved from US Citizenship forum to K1 forum.*

But what I don't get... is why does it say she's allowed to work on the social security website under K-1 visa... I guess because once we get married the visa becomes null? So technically wouldn't she be able to work on the K1 until we got married... We have a job lined up for her already is why I'm asking. That's why I'm confused, I hear about people working and some people say they aren't allowed to work.. I don't know I guess I'm just confused, sorry.

This is the best place to post this I assume... sorry if I still managed to get the wrong forum. This place is pretty large for newer users.

I was reading on our process because we have our interview in a couple of weeks. When she gets to America and applies for the social security number, does that mean once she gets that she is legal to work?

We are doing the K-1 Visa and according to this website:

https://secure.ssa.gov/apps10/poms.nsf/lnx/0110211530

The K-1 Visas are allowed to work... But I'm not sure if it's that easy... since it's never that easy.

K-1

Fiancé or fiancé of a U.S. citizen

Legal alien allowed to work

Anyways should be a simple question regardless any information would be great

You don't have any time to search, but you're fine asking US to take time to fill you in? Sigh...

1) Fiancé is a NON-IMMIGRANT visa, but is usually handled along with Immigrant visas because that is the end intent. But the visa itself is a single use entry into the US for 90 days, therefore the visa is non-immigrant. Again though, most of the time it's handled by the immigrant visa unit of the embassy.

2) See above

3) Correct, you list the embassy she will be interviewing at.

4) Only fill in part 1. I believe part 2 is filled out at the interview, as it's the sworn statement. Do as the instructions read, not what the example on VJ shows.

Good luck.

Thank you for the information. I am sorry if I hurt your feelings in any way, but I had other demands on my time at the moment. Searching for specific questions, when it is so vague would be nearly impossible. One of the main reasons I posted without spending hours on searching is because it is general knowledge to people like you. If the shoe was on my foot, I would rather spend 1 minute of my time helping someone answer a question that is troubling them then having them spend a large amount of time searching for an answer with the heavy possibility of them hitting a brick wall anyways. So for that I am sorry, I guess we just have different way of seeing things. My fiance want to get things done as quickly and as efficiently as possible. I do appreciate your answer greatly, thank you for that. Also thank you for your generosity of answering even though you seemed to be perturbed, I am grateful.

Sigh... Is that not why we are all here.. To help fill people in? I hope people weren't so, how should I say... self righteous, when you were seeking help!

@ Yutsoku - What was stated above is correct! Good Luck to you with this journey.. Don't let rude people deter your from asking your questions... I understand the constant second guessing yourself, That's why most of us are here to help you understand and try to make the process a little easier by sharing our experiences.

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DS-160 is a form that you complete online, once the form is completed successfully you will be able to print off the receipt page and add that to your package.

Thanks a bunch, we will look into what is said here and continue to harass everyone when needed. That guy sure had a way to make me look like a jerk. But if you don't mind me asking another question...

Also, my Fiance got her background check today, they gave her one piece of paper which was stamped saying she has had no previous background check. They did not test her fingerprints... Would that be a requirement?

My fiance is waiting for her packet. We were gathering the paperwork and she was going out today to get the vaccines, background/certificate. All that fun stuff.

She asked me to post some questions for her while she's out for the day. So I have a few questions... I'm sorry if they've been asked before, I just don't have much time to search right now. :\

Let's start off with some basic information:

She's Canadian

Her embassy will be in Montreal.

She called the embassy and they said they are shipping her the packet, should be here this week (it's been 5 weeks since I got the NOA)

So hopefully that's enough questions to help with what I'm about to ask for her:

http://photos.state.gov/libraries/canada/303578/montreal/packet3-k1-mtl.pdf

4. Confirmation receipt regarding Form DS-160 - one copy, available online at https://ceac.state.gov/genniv/

(I guess she wants to know what to do there?)

1) Fiance visa is considered an Immigrant visa right? Since my fiance plans to live in U.S with me if she is accepted.

2) Why do some of the forms say "Immigrant" and some say "Non-Immigrant" on the list of forms my fiance needs to fill out here http://photos.state.gov/libraries/canada/303578/montreal/packet3-k1-mtl.pdf

3) For the DS-160 form it states "Select the location where you will be applying for your visa." The Consulate my fiance is dealing with is in Montreal, so this would be where she is applying for her visa right?

4) On "http://photos.state.gov/libraries/canada/303578/montreal/packet3-k1-mtl.pdf" it says to fill out the DS-230 form, ONLY Part 1, but on the example forms on Visa Journey it shows the whole form filled out. Which does my fiance have to do?

Any information will be helpful! Thanks in advance!

Any information on this would be a great help.

Yes, she could do as you say.

In general, foreigners are supposed to reside abroad and only visit the USA; this means spending less than half of a rolling year in the USA. However, it is up to the border agent at the time of entry. For example if she stays 4 months the first time, then goes back to Canada for a week and comes back, she may be given another two months, or the border agent may give her another 6 months. Or they may be suspicious, especially if she comes with a giant car full of possessions, and not let her in at all (unlikely, but not impossible). As long as she does not lie, even a denial of entry will not affect the spousal visa process.

So lets see if I have this straight.

So for our situation we've been talking about getting the K1, She could stay here until her interview at the US Embassy, then she could go there for her interview, then return here after she gets the fiance visa accepted? And that would take around 3 months, so once she does that we have 3 more months to get married, and then we have to file for her SSN/Green Card. And if she wants to be a full dual citizen, she'd have to live in USA for 3 years on the green card(for the majority of the three years) or else it would be 'declined'(the citizenship). Then after that 3 years, I could move to Canada and do the full immigration process there and become a dual citizen as well. Sound about right?

So in theory she could come here for 6 months and stay with me and we could just get married like that, and just wait for the rehabilitation papers to go through, and we could have a marriage certificate? Also, say she came here for 6 months on her passport and went back to Canada and planned to come back again shortly after, what is the wait time before she can come back to America after the initial 6 months?

If you did decide to live in the US for a while, the K1 looks like the faster route right now. But it can change from month to month. 9 months from today she could be living here...which might be worth it if your rehabilitation stuff takes 17+ months. But probably not be worth the hassle, as she can visit you now anyway.

I would assume it will be easier if you guys get married before immigrating to Canada. I don't know anything about Canadian immigration, but that would be what I would assume. You can get married in America any time, just so long as she doesn't intend on then staying in America.

Yes she should always be totally honest when crossing the border. Often she may not need to offer any information: plenty of people just give their reason for visiting as "pleasure" and leave it at that. (As in, if you take that question to mean business or pleasure.) If asked for more details then indeed she may have to say that she is visiting her husband or whatnot. In which case they may want to see evidence of her ties to Canada.

So if that's the case, do we even need the visa to get married and get the certificate? Or is the visa only useful if she was planning on living here?

Also another question, Say we do get married here, once we are married and say we go to France, are we married in France also? Or do we have to re-apply for a certificate in which ever country we go to? In other words, is a marriage certificate legal worldwide or just for said country?

So. To make sure I am understanding everything right. You and your girlfriend wish to live in Canada. But it will be a while until you are legally able to live in, or even visit, Canada. So you wish to live together in the US in the meantime. (Do you know how long it will take to get your criminal rehabilitation papers?)

Citizenship is irrelevant here, unless your girlfriend is still living in the US in, like, 2015, in which case she will be eligible for US citizenship and so may consider getting it just so that you guys will always have the option to live in the US. But that's a discussion for then, not now :-) (So yeah it probably is the wrong forum lol, hopefully someone can move it.)

You guys will have to apply for either K1 or CR-1. (Fiance or spouse.) (The K3 really isn't likely to be necessary/useful in your case.) In your situation the CR-1 would probably be the cheaper choice, but up to you.

With the K1 you apply, and then after she gets her visa she moves to the US and you guys get married and then apply for her green card. For the CR-1 you guys get married (when she is visiting you in the US), then you apply and once she gets her visa she moves to the US and immediately has a green card.

Both these visa applications involve you living in the US and her living in Canada. However, she is free to visit you at any time and can indeed stay as long as is legal. So, if she does not need to work, then she could indeed manage to be with you most of the time whilst waiting.

If you went the K1 route, then once she moves to America with her visa you would have 90 days to marry. After that she would need to adjust status to get her green card. Ideally this is done as soon as possible. However, technically you can wait to adjust status. Means she can't work or anything, nor travel back to Canada, plus could be bothersome if somehow she runs into a policeman one night, but technically you do not need to apply straight away for the green card.

After she has her green card, there is nothing stopping you both moving to Canada once you are able. She will not be able to keep her green card if you move there permanently, but it will have served its purpose of bringing you two together whilst you waited :-)

Is your girlfriend currently in the US with you? If so it may be possible to marry and adjust status now whilst she is still here, but it depends.

And just checking: I assume your criminal history is not such that it would prevent you from petitioning your girlfriend to live here? Certain sexual crimes prevent you from petitioning.

My girlfriend/fiance is not living here at the moment, but we do wish to live together ASAP. I was reading that it is technically illegal for her to come and visit me when she crosses the border... because saying she's here just for vacation or whatever is immigration fraud right? Or as long as she shows she plans to go back to Canada, they will let her come visit me still, being honest at the border?

Also for my criminal record, I was arrested for a petty theft in 2004. So I don't really think that it will be any sort of issue... also I don't think the rehabilitation papers will be an issue either, seeing how it was a petty theft from 7 years ago. The time left on the criminal rehabilitation is between 11-17 months... So it's still some time out.

Also, when we do get married in America, will that carry over to Canada as well and make the immigration process easier for me when I go there, seeing how we are legally married in the USA?

Okay, I have a girlfriend/fiance and we are looking into getting married. She is a Canadian Citizen and I am a US Citizen. I am unable to enter Canada because of a past police record, all we want to do is to live together, or at least 'be together' while waiting to get married.

Also Noted: I plan on moving to Canada and becoming a citizen there. It is not crucial for her to become an American Citizen. We just want to be together while we wait for my Criminal Rehabilitation papers to go through.

So I guess my questions are as followed:

1. What is the best rout for us to get married and stay together at the same time?
   
2. Is Canada considered 'overseas' if applying for a K3?
   
3. Is it possible to stay together and return to Canada for the K1 Interview?
   
4. Would we be able to stay together if we got married then petitioned it Via I-30?
   
5. Would it be easier if we stayed together while she was becomming a us resident then got married?
   

Also a couple other questions...

1. Why can't your fiance stay in America with you for the 6 month term on the passport while waiting?
   
2. What would happen if my fiance tried to cross the border while the K1 is processing?
   
3. Is there an easier rout to take if she does not want to become a permanent resident?
   
4. Does she have to apply for a green card after we get our marriage certificate?
   
5. Are there any rules against me moving to Canada after we get married?
   

I'm sorry for all of these questions. We have been together for quite sometime with frequent short visits and frankly we are sick of doing paperwork and just want to be together.

Also sorry if this is the wrong forum, I really don't know where to ask all these questions.