Lyric

Well it's been a long, painful process but yes those timelines are correct. We had to keep rescheduing due to medical issues. They still had the file open as of March of 2009 according to a letter he got from Montreal. My congressman's office was supposed to have faxed a letter I had written asking to withdraw the application, but we've never heard anything( they had helped us get the interview rescheduled due to the circumstance before). We had also mailed a separate letter but still haven't heard anything.

I hope I posted this in the correct place. I need to know if anyone here knows what address we need to use in order to withdraw a K-1 visa? My guess would be this one Mailing address:

Post Office Box 65

Postal Station Desjardins

Montréal, Québec H5B 1G1

But I'm not sure if that's right. Any ideas?

Thanks so much

On the other hand, you're just a couple weeks away from your interview. He might as well go. The visa's good for six months, and even if he doesn't intend to stay, there would definitely be no problems using a K-1 to come and marry even if you then moved to Canada afterward.

Therein lies one of our many problems. He hasn't done it yet. And he may not. Things are bad. Really bad.

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?

Yeah I did the same thing I drove up with 5 Minivans full of family and told them i was getting married there. No Questions ask. i have been traveling to the US on a monthly basis ever since.

I figure that if we do end up trying that route we're going to be one of the unlucky couples that aren't 'allowed' across. sigh. We just can't win. I've tried so hard over the last year to stay positive but things keep happening that make it more and more hopeless. I'm pretty much beside myself right now, although I am trying so hard to stay strong. I feel like I'm at my breaking point now.

I remember that you had looked into immigrating to Canada when your fiance originally became sick and I'm so sorry that you are back in the same situation. Did you contact anyone regarding coming to Canada and being able to work while your adjusting status for humanitarian reasons?

Last year I had spoken with someone about speeding up the entire process due to humanitarian reasons. However, not the possibility of being able to work. I never thought of that part. As far as the speeding up part in general, she said just because he has cancer, even though it's a life threatening illness, that it can't be sped up. They use humanitarian reasons for people who are in war torn countries etc. So if you're spouse/spouse to be is dying.....too bad for you, basically.

This is definitely true, and to be honest the humanitarian process in Canada isn't all that quick either. It took my wife's family 3 years almost to the month to get approved, but they could work through that entire time. For that entire time, however, they could've been denied at any time and ordered removed, so I'm not quite sure that'd be a way you'd want to try either.

They went through a program in the United States called Freedom House. I believe it's just for asylum cases, but you might want to check into it as they were insanely helpful.

Maybe I will check that out too. Thank you.

Just wanted to give you a link to another board that might give you some insight on immigrating to Canada if you end up having to go that route. Hopefully you can get things worked out for the U.S. side. At any rate here is the link http://www.roadtocanada.com/ Down on the bottom right is a link to a site specifically for people from the United States. It's a very informative site. Reba, from here actually told me about it last year.

I just hope that it all works out for you. No matter what direction you have to end up going.

I remember that you had looked into immigrating to Canada when your fiance originally became sick and I'm so sorry that you are back in the same situation. Did you contact anyone regarding coming to Canada and being able to work while your adjusting status for humanitarian reasons?

Last year I had spoken with someone about speeding up the entire process due to humanitarian reasons. However, not the possibility of being able to work. I never thought of that part. As far as the speeding up part in general, she said just because he has cancer, even though it's a life threatening illness, that it can't be sped up. They use humanitarian reasons for people who are in war torn countries etc. So if you're spouse/spouse to be is dying.....too bad for you, basically.

Sorry to hear that

Though I either must be missing something or I dunno. Why wouldn´t your fiance go to the interview in November? Is that cuz of the medical condition doesn´t allow it? Cuz if you are at the end of K1 visa journey and you switch to K3 journey instead, the new process will take you so much longer now. People who are getting K3 now have to wait a really long time for everything to go through. Why don´t you get K1 visa in November and get married with that and then you can both be together in USA or Canada?

Wish you both good luck and to get well soon

Believe me I WANT him to do the interview. However, he still has NOT done his medical yet. Big, long story all to due with his health and a misunderstanding he had about having to have the interview letter. It's just a huge mess. You wouldn't even begin to believe the horrible 'luck' he/we have had this year.

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.

I know. I'm just really, really scared about the time frame we may have to do this. I don't know all the details of how bad things are with his health. I just know it's not good. sigh.

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.

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.

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*

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.

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.

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.

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.

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?

Lyric, I'm so sorry that you guys are getting the runaround from Montreal. It makes no sense why you haven't been scheduled another interview yet. I would contact your congressman on Monday to see if they can help.

Do you know when your fiance's case was reentered into their system for an interview? Is it possible that they didn't actually put him back in there?

I don't know WHAT the frig they are doing. The last time I spoke to someone...when we got that weird letter in July that was when it was....'touched' or whatever. I dunno I'm so tired of all this.

I feel like my fiance and I are totally getting screwed with on our interview date. Back in April they said it's be 4 to 6 months then in June they said August or September. Then July they said September or October. Now they're saying October or November. Is it just me or does something not seem right here when other people are getting interview dates right and left? I am thinking of calling my congressman Monday.

Well I finally got an email from Montreal today. They said he's still not scheduled yet. They said it 'could be' October OR November! What the heck?! Seriously. Are we being punished because we had to cancel twice due to him battling a serious illness? If what they say is true, that means it will be 9 to 10 months from the last interview date. This is rediculous.

Using the link I was so helpfully given earlier today I found the DS 156K form. However I did not see the I-134 Affadavit of Support anywhere on that site. So I went the the USCIS.GOV site and found this one http://www.uscis.gov/files/form/I-134.pdf

It shows an edition date of 2/28/07. I didn't see anything newer than that anywhere. I know they're constantly updating the edition dates of forms. Does anyone know if this is the one I found is the most recent? Hopefully this IS it. If not, anyone know where I need to go to get the most recent one?

Ok, wait a second. I got ahead of myself. Maybe it said this on my fiance's original letter...I'll have to check, but on step one where it's talking about the DS-156 form. It says to fill out two copies and send them in to the office. I thought the DS-230 Part 1 was the only form that had to be sent in and that the DS-156 and DS-156K were to be taken unsigned to the interview. Am I completely wrong about this?? I'm totally confused right now.

I'm still having communication troubles with my fiance. His internet still isn't up so I'm unable to check with him about this right now. sigh. I am so stressed.

The DS-156 is to be filled in duplicate, signed and sent to the consulate, it is the DS-156K that is not signed and brought to the interview

Ok so the 230 form and the DS-156 were both to be sent? I'm fairly certain he did this at the time. I remember helping him fill out the forms. I assume that he never would have gotten interview letters in the first place if he hadn't done all the steps required so far, right?

Back last year I was so certain we had everything together (and we probably did). It's just that after a year's time and focusing so much on his illness, everything else has completely left my mind and it's hard to keep it all straight now.

Thanks guys. You help me keep my sanity intact.

Ok, wait a second. I got ahead of myself. Maybe it said this on my fiance's original letter...I'll have to check, but on step one where it's talking about the DS-156 form. It says to fill out two copies and send them in to the office. I thought the DS-230 Part 1 was the only form that had to be sent in and that the DS-156 and DS-156K were to be taken unsigned to the interview. Am I completely wrong about this?? I'm totally confused right now.

I'm still having communication troubles with my fiance. His internet still isn't up so I'm unable to check with him about this right now. sigh. I am so stressed.

Tinker. Thank you, thank you, thank you. I appreciate that more than you can know.

Wow you scared me for a sec. I thought you had your P3 sent back a month and a half AFTER me and you had your interview date set for Oct and were postponing and I thought I missed mine somehow. Then I read the year... 2006... Wow! Long time...

Yeah Too long and now it's been such a long time I'm not sure if there are any new forms that he will need to take to his interview. It's always something more to stress out about.

I really hope some people here can help me out. Due his illness, it's been a year since my fiance got his Packet 3. Therefore I'm scared that forms and other things required have changed since then.

I know this is asking a lot and is going to be a pain, but we really need Can any of you who have recieved Packet 3 recently, for a Fiance Visa, give me the entire list of everything needed, including the form names and numbers? I'm not really sure any other way to go about getting this info, and I figure asking you guys will give me the most up to date info, hopefully.