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Posts posted by gwenstar

  1. Yes, you have to get married in the US - within 90 days of the beneficiary crossing the border with the K-1-

    The K-1 visa is a one way/one time entrance to the US for a fiance. Once the beneficiary crosses the border into the US, they can not leave until they have adjusted status - which is after the wedding.(*Technically they can leave, but they can not come back into the US on that same visa and you would have to start the whole process again as a new visa).

    Since K-1 is a fiance visa and not a spousal visa, marrying in Canada and then using the K-1 to enter the US would be fraudulent.

    My story - my Canadian husband and I got married in Vegas just us for the marriage. Then after he got his spousal visa we had a wedding party with all his family in Canada. This was celebrating our marriage, getting the visa and being able to start our new life.

  2. For the CR1 this is the process.....please correct me if it is different for K-1

    You will be notified when to register with loomis in with the paperwork you get after the petition approval. This paperwork indicates all the things you need to do before the interview and yes, it is a necessity to register with loomis. You also need to have the confirmation page of loomis registration printed out to take with you to the consulate, or they will not let you in.


    Just click on Immigrant Visas (IV) since for this purpose K-1 is considered IV

  3. http://travel.state.gov/content/visas/english/immigrate/immigrant-process/documents/submit/how-to-submit-documents-to-the-nvc.html

    Important: Once you select a group, you must follow this processing method throughout the NVC process. You cannot switch groups later in the process.

    If you are eligible to file electronically, then I would recommend that option so that you can just keep submit documents by email. If you are not eligible for electronic filing, then yes you would need to actually send the documents through the mail

    Congrats on getting to NVC! :)

  4. As long as you get married within the 90 days in a state that allows same-sex marriage - that is AOK. Once you are married in the US, you can live wherever you want (even if the state does not allow same-sex marriage). It is fine that you are not planning a big ceremony - just that you are getting married and will have a valid marriage certificate to submit.

    For instance, my husband and I got married in Las Vegas - no waiting period - did not need to be a resident/citizen of the US - just pre-ordered online, picked it up at the courthouse and then we had a minister that did a short little ceremony and he filed the paperwork with the courthouse. It was just my husband and myself - literally was done within a couple of hours.

    Just be honest in your interview that at the moment you don't have a big party planned. There is nothing wrong with that.

    Also, unsolicited opinion: I would recommend deciding on a city/state of where you plan to get married so that you can give an honest answer about that in the interview.

    Dont stress! It will all work out :)


    "Q3: My spouse and I were married in a U.S. state or a foreign country that recognizes same-sex marriage, but we live in a state that does not. Can I file an immigrant visa petition for my spouse?

    A3: Yes. As a general matter, the law of the place where the marriage was celebrated determines whether the marriage is legally valid for immigration purposes. Just as USCIS applies all relevant laws to determine the validity of an opposite-sex marriage, we will apply all relevant laws to determine the validity of a same-sex marriage. The domicile state’s laws and policies on same-sex marriages will not bear on whether USCIS will recognize a marriage as valid."

  5. My husband and I did not have anyone from our families at our wedding. We had a minister and a witness and that is all - we sent in pictures of us together in the times we saw each other on visits. Which there were not many, we were too busy hanging out ( we weren't thinking about "how are going to prove a relationship in the future!)

    I added my husband as the beneficiary of my life insurance and retirement savings accounts after we were married.

    One time when he visited we were able to add him to one of my bank accounts even without him having an SSN or ITIN. (chase bank)

    For us, we had never lived together and since he did not have an SSN, it was harder to show mixed finances/lease/insurance and things like that.

    However, gather everything you have and as you keep going in your relationship work towards getting more of the things on the list.

  6. Resident after living in NYS for 30 days regardless of your pending visa paperwork.

    It is one of those things - the state of NY did not know when my (Canadian) husband actually got to NYS. The CR1 POE is from Washington state and we took 2 weeks to drive across country - there is no way for the DMV to "prove" the length of time he has been living in NYS. However, we chose to get it done as soon as possible just because after all the effort and visa paperwork, we didn't want to have any issues on a technicality/misinterpretation.

    Basically, as soon as you have your 6 points go get the license. Immigration permanent resident is not the same as being a resident of a state. Also, one thing we learned - if you have not applied for your SSN yet, do that - it helps with 'points'.


  7. No you are not going blind! It is in on the website - it is kind of confusing because they don't put all of the information in the same spot. Sorry about not posting the website link too! ;)

    Here is the link for what things can be eligible for EI - I just put the clip in that pertains to family member/spouse

    "...you leave your employment voluntarily but you believe you have valid reasons for doing so?

    You may have excellent reasons for leaving your employment voluntarily, but this does not mean that you have just cause for leaving your employment. Before deciding to leave your employment, you should always analyze the problem and use the measures or reasonable alternatives available to you to fix the situation. If you leave your employment without considering all the measures or reasonable alternatives available to you, you will need to explain why you did not consider these measures or reasonable alternatives.

    Depending on the circumstances, the reasons listed below may be just cause for leaving your employment voluntarily:

    • you are a victim of sexual or other harassment, or you are a victim of discrimination because you belong to an association, organization, or union of workers;
    • you need to accompany your spouse or dependent child to another residence;"

    Pg 6 of the pamphlet begins the explanation of what benefits can be paid interstate as a person whose last employment was in Canada and they are now in the states

    Persons living in the United States or dependents of those persons, who are unemployed, may be eligible to collect regular Canadian EI benefits up to a maximum of 36 weeks...more stuff about how Canadians qualify for EI..... In order to claim regular benefits you must be capable of and available for work, actively seeking employment in the United States and, most importantly, be legally authorized to work in the United States"
    There are many other K-1 visa applicants/holders than can give you good info based on their experience!
  8. Thank you for the link! Yeah it was really annoying ... all I wanted to do was change my address to Chicago and it turned into a lecture on how I am free to apply but I will not get benefits.

    From your profile it looks like you are K-1 - so maybe that is what they meant that you wont get benefits....right away. Make sure to apply in the 4 week time period, you just wont get actual payments until after you are married and get your employment authorization. Once you have that, you send them that proof and then you can start receiving the money/benefits.

    That pamphlet was the most helpful thing I found. I remember sending it to my husband like "Whhhhaaaa??? You live in the best country ever" haha. Canadian EI is much more generous than what we have here in the states.

  9. http://www.servicecanada.gc.ca/eng/ei/publications/outsidecanada.pdf

    US is considered interstate -

    Of course we know that a Canadian moving to the states can get EI - given whatever circumstances like to be with spouse. The canadian must apply within 4 weeks of ending employment, be willing, able, and legally to work in the states.. Like CR1 can work immediately and start the EI claim/get payments. K1 - has to be after the EAD.

    This Ottawa deal though seems like it could mess stuff up. however the person on the phone should have known better in that EI is offered/has been offered even if there is a freeze on new claims.

    Sounds incredibly frustrating and hopefully you can get through to someone who actually knows whats going on/can give you correct information.

  10. Passport/Visa and the unopened packet.

    "present to the CBP officer your passport with visa and your unopened/sealed packet containing your documents. Travelers should review important information about admissions and entry requirements on the CBP website under Travel."


    If you are moving your fiances things with you, have a general list prepared of the items they are bringing to the states. They might ask about that stuff or not - depends on the agent.

    Congrats and I wish you well as you continue your journey! :)

  11. This makes total sense, it would be the same for a US SSI recipient ( whether retired or disabled) where you live in the world does not impact your benefit.

    Exactly - my husband and I are planning on moving to Canada when we retire - I will be able to get my SSI payments living there because it is based on my work here in the US, not where I end up living. And of course by that time, he will also have been working in the US long enough to get SSI himself.

    I am not familiar with disability in Canada - however through Service Canada, if a Canadian citizen moves to the US (say to be with a family member) they can still be eligible for EI under the same conditions as if they were still in Canada. I know EI and disability are different, but I just wanted to share our experience with the Service Canada/EI and my Canadian still being able to collect money from Canada while he is here with me now.

  12. We had 4 - one for each of us while we were still in different countries, one for the I-130, 1 for the interview just in case they wanted it (not required to give it to them, just covering my bases). I am paranoid like that though haha! Papers get lost all the time, and I would rather have an extra than have to try and rush to get a new one.

  13. Short answer:

    USC is eligible for means tested benefits

    Medicaid (non emergency) is a means-tested but unemployment insurance is not.


    Means Tested Public Benefits

    Federal means tested public benefits are the following:

    • Food stamps
    • Supplemental Security Income (SSI)
    • Medicaid
    • Temporary Assistance for Needy Families (TANF)
    • State Child Health Insurance Program (CHIP)
  14. From what I've read, I'm allowed in the US for six months to visit.

    I'm confused on if I need a visitor's visa..

    Your situation has many levels - so I will just respond with what I know as far as visiting the states -

    You are correct, as a Canadian you are allowed to visit the US for 6 months no need for a visitor visa. Once that time is up, you have to go back to Canada - even if you have put in the visa application and the other issues are sorted. Staying past the 6 months/planning on staying is when there is a (big) problem.

    The wording in your post that you are *moving* might imply that you are planning to come visit the states with the intent to stay - which is illegal. However, if you are genuinely just visiting and go back after 6 months - that is ok -

    Consulting with a lawyer would be the best thing you could do -

    I wish you the best!

  15. i would like to have all forms with me when we go for the vegas wedding. what forms do i need to fill to keep him in the usa with me?


    AS NLR responded - unfortunately there is not a way for him to come to the states to get married and then stay

    My husband and I chose the route of getting married first then apply for the visa. We went to Vegas to get married - then he went back to Canada and I went back to NYC. We just kept up with our regular lives/routines/work and also visited each other while we waited for the CR1 visa to be processed

    The CR1 process is long, but it is really good that my husband could work as soon as he crossed the border/moved here. Everyone's situation is different, so definately read up on the 2 different options and figure out what works best for your situation.

    K-1 Fiance http://www.visajourney.com/content/k1guide

    CR-1 http://www.visajourney.com/content/i130guide1

    Best of luck! Also - the place in vegas that married us is awesome. message me if you want their info :)

  16. Yes - your husband is authorized to work as soon as he entered the US on CR1. He can use his passport with the I-551 stamp to show his eligibility to work. My husband did this with no problem for a temp job he did before he got his SSN in the mail. The last 3 pages of the following link relate to paperwork when starting a new job.


    The last page shows what is needed for a new job that prove both identity and eligibility to work. - Column A shows that a passport with the I-551 stamp covers both of those things.

    If you went into the SSA office and filled out the paperwork to request the SSN card then you should be good. It can take up to 2 weeks, but many times it gets mailed sooner. Once he gets the number he should just take it into work so the employer can update the SSN info on the company records.

    Congrats on being in the states together and for your husbands new job!!! :)

  17. The requirements for spending time together are that you met at least once in the last 2 years. You and your husband have spent much more time together than that!

    My husband and I met, then he visited me 1 time and I visited him 1 time - then we met up in the states to get married. We had no problem at all. In fact, you have more evidence by way of pictures with family than we did! It is completely understandable to not have bank accounts/leases/cars in both of your names since you have not lived in the same place - they take that into account and it does not reflect negatively.

    Here are the things I submitted and it was accepted -

    Marriage cert, letters from family, pictures from the 3 times we were together in person, pictures from our ceremony (which was only us, no family/friends), boarding passes, emails, viber chat logs. I used a few as examples from different points in time - 1 email from when we first met, then basically 1 per month up until the time the I-130 was submitted. I added my husband as the beneficiary to my life insurance policy. The suggestions about adding in receipts for wedding, honeymoon etc is a really great idea.

    Add a cover letter that explains the items you included and a brief summary of your story. It does not need to be a novel - but I suggest a timeline of different milestones in your relationship. Met, talked, realized you were in love, proposal, trips, when you met each others family, so on so forth.

    Don't stress!!! You have good evidence of a bona-fide relationship per the requirements. Submit everything that you can - and if for some reason that is not enough, they will request more from you.

    Best wishes! :)

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