Lady Amorika

Hey everyone!

I've been around for a while now, we applied for a K1, but canceled the app because of situation changes (I got wooed into a grad program with money and opportunities I couldn't turn down). Now we are married are getting ready to file a K3. Like a lot of Canadians, I'll be going through MTL. Am I seeing things as far as times at Montreal are concerned? When we filed our K1, they were at 2-4 months, when I checked in on times a couple months ago, they were at 6 months (I think). Am I seeing things right that they are now back a gleeful couple of months? Or is there some other step that has been added and the over-all time is still the same? I was so excited to see the time changes, since they are great for everyone, but I want to make sure before I get all excited. (On the other hand, I've also noticed VSC times are way up...win some, lose some, right?)

Jess

I wasn't planning on filing with my "new" last name though, because it's not on anything else. To be honest, I'd rather just change the marriage license/certificate than everything else. Is that possible? I really don't want to change my name on everything.

My husband (USC) and I (Canadian) got married about a month ago. We are going to file for a K3 by the end of the month, but I just had a terrible worry.

When we married, in NY, we got our marriage license and both took each other's last names (ie. he's John Floyd Y and I'm Jessica Sue X, now we are John Floyd X Y and Jessica Sue X Y). The only place that shows that is the marriage license. We haven't changed our names on anything else. We had planned to wait until we were officially living together to make the change official with bills, etc.

But now I'm worried. We haven't changed our names on our IDs, licenses, passports, or bills. Is this going to be a problem? Can we file our K3 with our pre-marriage names? Or do we have to change everything before we get started? Honestly, I'd rather keep my "maiden" name for awhile before changing it, not because of commitment, but because I'm only going to living here another year and don't want to have so much hassle.

Is this going to be a problem? Thoughts? Concerns? Experiences? I'm rather worried now.

Please provide a link to the place where it says you can't visit. It should be fixed. As long as you have proof of your ties to Canada (job, lease/mortage, etc), and proof that you're returning (such as ticket if you come by plane) you should be fine. Just don't give them any reason to think you're going to stay. There's nothing wrong at all with visiting and then leaving.

You cannot send the I-129f at the same time as the I-130. You need confirmation of receipt for the I-130 before sending the I-129f.

If you start filing a K3 and it goes to NVC before the I-130 does, you cannot switch without losing time time and money.

If you get married and file the I-130 within the next couple of weeks, there's really no need to consider the K3 as you want to move to the US in June of 2008 and you should have a CR1 by then.

My worry with the CR1 is the backlog in Mtl, where it's taking 6 months to get an interview from the time that everything else is set, and the timelines here on VJ show the whole process taking more than a year here in Canada as it is. I fear that the backlog will only get worse in Mtl, as it has in the last few months.

Also, we can't get married quite yet, as I am waiting on both my license and my passport to come in (everything all at once!) and my provincial ID expires on my birthday, so I'm without photo ID for awhile, which is required to marry in NY State. So, I'm currently stuck and worried about the timeline that would be required for the CR1.

Oh geez, I didn't know the backlog in Mtl was that bad. I can see why you're concerned in that case! And then also the logistics of not being able to marry right away.

In that case, your best bet is probably to marry as soon as you can, file the I-130 and then file the I-129f as soon as you get NOA1. That will definitely be more expensive (especially with the new fees coming into place), and you'll lose three months of working time in the US, but you would be able to move there in June 08 when you'd like to.

I just feel like there is no "good" option, you know? I want to have multiple entries, and I want it to be the "right" choice, but at the same time we could refile for the K1 today because everything is ready, as opposed to needing to wait to get married in order to file things. I know my passport won't be in for well over a month, and I had to apply for a second birth certificate because mine was needed for the passport, and then my photo ID is expiring, so I needed a new license and when I went to the office yesterday, their camera was broken so they filed for the new license without the photo, so I'll need to wait until it's processed to go get another photo and then wait for the new ID because the photo part is what I need for the marriage license to begin with. And I can't get another provincial ID because I'm living out of province right now. Bah! So much paperwork, and we've had a year, and somehow, we are still so behind.

I feel like if I had researched my other options rather than just mentally sticking with the K1, this would all be so much easier.

As for the link that says that visiting isn't likely going to happen on the CR1 -- http://www.visajourney.com/forums/index.ph...mp;page=compare

It's under the "minuses" for the CR1.

Please provide a link to the place where it says you can't visit. It should be fixed. As long as you have proof of your ties to Canada (job, lease/mortage, etc), and proof that you're returning (such as ticket if you come by plane) you should be fine. Just don't give them any reason to think you're going to stay. There's nothing wrong at all with visiting and then leaving.

You cannot send the I-129f at the same time as the I-130. You need confirmation of receipt for the I-130 before sending the I-129f.

If you start filing a K3 and it goes to NVC before the I-130 does, you cannot switch without losing time time and money.

If you get married and file the I-130 within the next couple of weeks, there's really no need to consider the K3 as you want to move to the US in June of 2008 and you should have a CR1 by then.

My worry with the CR1 is the backlog in Mtl, where it's taking 6 months to get an interview from the time that everything else is set, and the timelines here on VJ show the whole process taking more than a year here in Canada as it is. I fear that the backlog will only get worse in Mtl, as it has in the last few months.

Also, we can't get married quite yet, as I am waiting on both my license and my passport to come in (everything all at once!) and my provincial ID expires on my birthday, so I'm without photo ID for awhile, which is required to marry in NY State. So, I'm currently stuck and worried about the timeline that would be required for the CR1.

So, if I'm understanding, you officially put a hold or stop on the K1 process, right? And you would like to be in the US in about a year, correct? If yes to both of those, you should consider getting married ASAP and going for a CR1 immigrant visa, which would result in a two-year green card for you when you entered. It should take about a year to get, but it has huge advantages over the K visas - no adjustment of status and immediate authorisation to work upon entry, no faffing about with advanced parole or anything. You would only have to remove conditions 90 days or less before the two-year green card expired.

Where can I find more info on the CR1? And I won't be able to visit him in the US between now and then, right? But he shouldn't have any trouble coming here? I'm concerned about the current timelines with it though, since it seems like a much longer wait and Montreal is very very backed up for interviews. I know I'm being pesky, I just want to try to make the best decision for us.

Try clicking on the word, "Guides" at the top of the page.

Most Canadians are successful at visiting their USC petitioners during the visa process. There are lots of threads about that. Sometimes it comes up more than once a day.

I know about the guides, since I have filed a K1 before, and I know that generally it's okay to visit, but the "compare which visa you want/need" on VJ said that generally you can't visit your USC spouse. I was just looking for confirmation on that, because my SO's cousin is getting married in October and I'm a bridesmaid, which could cause some problems if I can't go to the US.

Also, I have read here that the proper way about things is to send the I-130, then the I-129, but I have also read that some people send everything at once. Which way is best? Also, Is it true that I can start filing a K3, and then if the CR1 becomes a better option, I can switch over without any time lost? Any notes on that?

So, if I'm understanding, you officially put a hold or stop on the K1 process, right? And you would like to be in the US in about a year, correct? If yes to both of those, you should consider getting married ASAP and going for a CR1 immigrant visa, which would result in a two-year green card for you when you entered. It should take about a year to get, but it has huge advantages over the K visas - no adjustment of status and immediate authorisation to work upon entry, no faffing about with advanced parole or anything. You would only have to remove conditions 90 days or less before the two-year green card expired.

Where can I find more info on the CR1? And I won't be able to visit him in the US between now and then, right? But he shouldn't have any trouble coming here? I'm concerned about the current timelines with it though, since it seems like a much longer wait and Montreal is very very backed up for interviews. I know I'm being pesky, I just want to try to make the best decision for us.

and the ability to come and go for 2 years is really really appealing.

I should mention that at some time during that two years, you need to adjust your status to permanent resident.

Oh yes, I know, but thanks for the reminder. I know this is selfish of me, but I want to move in June 08, and a close friend is getting married here in Canada in July 08, so I'd love to be able to come back for the wedding. I know that isn't the best way to plan immigration, but it's something swaying me for the K3.

So, back in the fall, my fiance and I submitted for a K1, but my plans here in Canada changed (I wanted to do my MA). Now, the plan is to move next summer, so we are preparing to refile. With the news about fees, etc, we are wondering if a K3 might be a better option.

Some info:

I'm Canadian, he's American.

I'm a student, using student loans and living alone.

He works and makes okay money, not great, but livable and above the standards for sponsoring me.

We are planning a big wedding already, but plan a legal wedding as soon as I moved there under the K1. So, a legal marriage would not be hard to plan or really change our plans.

I'm covered under a student health plan, so there is no worries about losing my parent's coverage.

I hope to move sometime in the month of June, 2008.

We'd be filing through Vermont, then Montreal.

Things I'm worried about: Will the K3 be significantly cheaper? Will it impact his tax returns, my student loan options, etc., too greatly to make it more cost effective? Would this make it "okay" for him to be helping me out financially (as he occasionally does)? Is the K3 more complicated? Would it be hard to do with just a legal (courthouse) wedding, and no rings (we'd like to save the rings for the big ceremony, but are willing to sway on that)? Should the wedding happen here or there for greater ease?

Thanks guys, immigration makes my brain hurt!

Jess

Hi Jess,

For the K3, you need a legal and bona fide marriage. Rings are not required necessarily for a wedding, so you don't have to exchange them. Valid marriages happen all the time without them in different cultures, and they still get K3s or CR-1s.

Since I am assuming you are a student in Canada from your posts, marrying you will have no impact on his tax situation for now. The question is how much time do you spend in the US? If it is not enough to meet the IRS requirements that you must file a tax return as a resident for tax purposes, he will not be able to file a joint return with you. If you spend enough time in the US, then you will have to get a tax id from the IRS and he can file a joint return and thus save tax payments or increase his refund which ever the case may be (since you are not working now).

The IRS substantial presence test is:

You will be considered a U.S. resident for tax purposes if you meet the substantial presence test for the calendar year. To meet this test, you must be physically present in the United States on at least:

1. 31 days during the current year, and

2. 183 days during the 3-year period that includes the current year and the 2 years immediately before that, counting:

* All the days you were present in the current year, and

* 1/3 of the days you were present in the first year before the current year, and

* 1/6 of the days you were present in the second year before the current year.

Of course if you were a foreign student in the US, there is an exception that would let you be considered a non-resident for tax purposes. You use this if you were making a nice income and wanted to avoid paying US taxes as a resident on it which would end up increasing your and your fiance/husbands tax burden.

Lastly, if you move before the end of any year, even if you don't meet the substantial presence test, you can opt to be treated as a US resident for tax purposes. You would again only do this if you are not earning income in the US or earned very little; this may lessen your and your husbands tax burden for that year. If you make a nice chunk of change you first partial year here and don't meet the test above and can claim not to be a US resident for tax purpose, you would do that to avoid unnecessarily increasing your tax burden.

I will leave the financial analysis about K3 vs. K1 fees and such to others who have spent more time on that topic. Lastly, I wanted to note, a K1 through Vermont may be quicker than the K3. If you file now, you should be ok with the K3 by June '08 anyhow, but if speed in processing is a concern, consider sticking with the K1.

Best of luck

I think I might meet the IRS substantial presence test, at least for this year, but I'm not sure about the 3-year period since he was living here in Canada before.

Speed isn't an issue, as long as I can be legal move in about a year (by July 1st, 2008), and the ability to come and go for 2 years is really really appealing.

If you already got a K1 why bother with all the paper work of filing k3 again. You said you live in Canada, just drop into US, have a quick marriage cermony and apply for adjustment of status, you can go back to your school, while that is going on. If you want you can always have a nice marriage cermony after getting done with your school...

good luck

The problem with this is the advance parole thing -- I am in school full time and can't manage to take that much time off. And, I don't have a K1, it was put on hold because I opted into an MA program.

Wait, you filed a K1 last fall and it's not approved yet??

No, we put it on hold. With the "6 month to use the visa" thing, and I'm currently not going to be done my MA until next spring, so it didn't make sense to keep going with it.

So, back in the fall, my fiance and I submitted for a K1, but my plans here in Canada changed (I wanted to do my MA). Now, the plan is to move next summer, so we are preparing to refile. With the news about fees, etc, we are wondering if a K3 might be a better option.

Some info:

I'm Canadian, he's American.

I'm a student, using student loans and living alone.

He works and makes okay money, not great, but livable and above the standards for sponsoring me.

We are planning a big wedding already, but plan a legal wedding as soon as I moved there under the K1. So, a legal marriage would not be hard to plan or really change our plans.

I'm covered under a student health plan, so there is no worries about losing my parent's coverage.

I hope to move sometime in the month of June, 2008.

We'd be filing through Vermont, then Montreal.

Things I'm worried about: Will the K3 be significantly cheaper? Will it impact his tax returns, my student loan options, etc., too greatly to make it more cost effective? Would this make it "okay" for him to be helping me out financially (as he occasionally does)? Is the K3 more complicated? Would it be hard to do with just a legal (courthouse) wedding, and no rings (we'd like to save the rings for the big ceremony, but are willing to sway on that)? Should the wedding happen here or there for greater ease?

Thanks guys, immigration makes my brain hurt!

Jess

We don't have a time difference. I call him to get him up in the mornings; we talk in the evenings for a couple hours, depending on what is going on. Weekends we talk a bit less; we're both quite busy on weekends.

I'm naive, so correct me if I'm not quite getting it. However, since not everyone getting a K-1 visits VJ, is it possible that there have been just as many, just not with the people on VJ? That's what I like to think, anyway.

I feel completely helpless right now. I don't even know what to do. If it wasn't for health care in the United States being completely unaffordable this wouldn't be much of an issue. He'd come here and have everything done, but I don't see how that is even a remote possibility. After all the info I have received and seen.

I went through cancer treatment of all sorts in the past couple of years. I really suggest having your fiance stay in Canada. The Canadian Cancer Society helped me pay for EVERYTHING that I couldn't afford, being a university student. There were shuttles to take me back and forth, there were houses to stay in, and they helped me with everything.

I love my fiance dearly, and while he came here to be with me for each surgery, he couldn't stay. I know it'll be so hard on your SO if you need to come and go, but the cancer society will ensure he is in good hands. Hospital volunteers and local charity groups through the United Way will help. I'm tearing up thinking about all the help I got. Ultimately, I know you feel you NEED to be there, and if you can be, so be it. However, you can do just as much for him physically by checking in with organizations around him and see what they can do to help.

I know you feel so rushed, but you have some time. Make sure his health is taken care of with the assumption that the two of you simply can't be together. Then, when you can arrive, the situation will improve, instead of let-downs and worries. Make absolute certain that he doesn't need to worry about things because that will make him sicker. There are issues with you coming here, certainly, but everything can be overcome. Please keep in touch. PM me if you would like any insight on dealing with cancer in Ontario.

Also, on the marriage issue, is it not possible to simply go to Montreal and marry there, considering he would travel there for his interview anyhow and it's close to the Kingston Cancer Center? I'm not sure, but check out that option.

My fiance (USC) makes enough money (over 125% of poverty line) but was self-employed/unemployed for several years before April of this year. We waited until he had a good job to go through the process. Will this affect his ability to support me in the eyes of the US Gov? Will we need a co-sponsor? If so, when will we know? And what would be the guideline for them? Would their household number have to include just me, or me and John as well?

I'm worried because John makes more money than anyone else in his family, and we can't think of even a single person able to help us so it would take some work...

Jessica

Our petition specified 3/4 front view photos which is what we have....will that be an issue? Should I send my fiance a front view photo just in case?

I am really happy to see all these approvals!

With each one that is received I notice that the dates on my own timeline diminish. I started out with a projected date in February and now it's down to Jan 11 as of today. Every success brings my projected date closer. Thanks to all of you and congratulations too. )

(Of course I know it's only an estimate. But Hey, I'll take all I can get)

So wonderful isn't it? We are sending in our petition Monday (boy gets paid Friday), and my goal is July/August of next year. I think that's reasonable. My timeline is based for "visa in hand" date, not just NOA2, of course.

My fiance and I are submitting our I-129F Wednesday. He is American, I'm Canadian. We are used to seeing a lot of each other. What are travelling/visiting restrictions on us now that the petition has been filed?

Thanks everyone!

Jessica

You (non USC) will need your passport for the interview in Montreal ... I would make sure that you give yourself more than enough time so you are not stressing close to your interview date ... The passport is good for 5 years so applying for them now wouldn't hurt ...

Your Fiance (USC) doesn't really need the passport as far as I can remember as long as he can prove US citizenship with a birth certificate or what not ... But once again with the new boarder laws coming soon he will need one when you wish to return to canada to visit in the coming years ...

This is true, but it means we can take our time -- the new passport law doesn't come into affect until 2009, so we have some time.

I'm still working on finding someone to guarentee my passport, so I will make sure it happens sooner rather than later.

He definitely has his birth certificate and driver's liscence, as that's what he uses to cross the border currently.

Hmm... we'd started our K1 before IMBRA came into effect, so I'm not sure how that's affecting things now.

IIRC, the USC needs to submit a photocopy of his/her passport with the initial application package... but I could be wrong I'm from Ontario and passports arrive quickly after you apply for them -- took only two weeks or so (I went through the Scarborough office). Since Canadian passports are expensive and expire rather quickly (5 yrs... less than that in actuality), you might want to hold off on that for a bit.

I don't know about police checks in NB, but in Ontario, you can go through Commissionaires and get your police check in one week unless you have a criminal record. Vaccinations records you can get from your family doc whenever you like, but the rest of the medical appointment you can't go to until you have your letter from packet 3.

To show an ongoing relationship, we had photos of us together, Skype call logs, email printouts, boarding passes and electronic flight itineraries, and photocopies of snail mailed letters/cards.

Yeah, I think it'll be a good idea to plan a couple of visits with a psychiatrist NOW so that the psychiatrist can track you for a certain period of time or something to prove that everything's stable and okay.

Good luck! The process can be overwhelming, but I've found VJ to be of loads of help :-)

Thanks for all the help!

No passport needed for the initial package, which is why I was wondering when it IS needed.

Vaccinations -- I've never in my life had a family doctor and have no way to get a vaccination record that I know of -- hence my question concerning if blood tests can prove vaccination.

My understanding is that a Canada-wide police check needs to be done -- is that done through the RCMP or simply my local police station? When can I have that done and still have it valid for when it's needed?

I'm very new to this process (as those in the K-1 forum might know) but I want/need to be prepared for what is coming

I'm Jessica, living in Ontario Canada. My fiance is John, living in upstate NY. We will be sending in our I-129F forms/packet soon, as soon as he manages to get the photos done.

I KNOW it is different for everyone, but I'm planning to take 6 months from sending in our I-129F to NOA2, and 3 months from NOA2 to the interview. Does this sound possible/logical to all of you?

Is the back-up in Montreal as bad as it seems?

Things like police checks (I've lived in 2 provinces, NB and ON) and vaccination records (will blood work prove what vacs I have done?), when should those happen? I want to start those early if they take some time to acquire.

How soon should he and I apply for our passports?

Also, he hasn't filed taxes in a couple years (as he didn't have income to report) but is now working and I assume he will have filed this years taxes well before the interview. Should he back-file now to avoid delays later?

What info should we gather to show an ongoing relationship?

Also, I'm going to need a letter from my doctor to prove that I no longer have mental issues (I was treated for depression a couple years ago), but haven't really seen just one doctor. How should I go about doing this, considering I'm in university and see whoever is at the clinic whenever. Should I just plan a couple visits with a psychiatrist NOW so that I have the papers?

Sorry for the mammoth post, I'd just rather have an early start on things (we needed to get so much more done for the I-129F than I anticipated, which is the problem now, so I want to be a bit more prepared for the rest of the journey!)

Thanks so much and I wish speedy and easy journies for the rest of you!!

Jessica

Jessica, it's not at all necessary to provide this much information - the question is simply how you met. One or two sentences is more than sufficient. At the interview, you can provide much more proof of your ongoing relationship - at this phase, it is not requested.

But because our evidence is fairly weak, I want to explain the relationship situation -- we don't stay at hotels or use planes to travel, and because of the canada/usa thing, we don't use passports. I want them to understand that we in fact see each other more than most other visa couples but our evidence is less than most of what they ask for. Am I way off here?

Question 18 Answer as follows. My fiance John is the petitioner.

-----------------------------------------------------------

I met Jessica in an internet chat program known as ICQ in the late 1990s. In September of 2002, Jessica moved to Peterborough, Ontario from Dorchester Cape, New Brunswick to attend university and we committed to attempting a relationship January 27th, 2003. I first traveled via Greyhound Bus to visit her in Peterborough, Ontario February 16th-23rd, 2003. Visits thereafter occurred monthly until Jessica spent the summer of 2003 (May-August) at my residence in Port Leyden, NY. Monthly visits to her residence in Peterborough continued until I proposed on December 18th, 2003 while spending Christmas together in Port Leyden, NY.

We have continued regularly, monthly or more frequently, visits since then. Visits lasted from a single night to a couple months. Friends and family have driven us across the border at the Thousand Islands’ Border Crossing, as well as driving my own car.

In the past 2 years we have spent every holiday together at Jessica’s residence in Peterborough, Ontario, including Halloween, Christmas, Thanksgiving, and special events such as birthdays and parties. Most notably Jessica was a bridesmaid in my sister’s wedding in Booneville, NY on September 2nd, 2006. I intend to marry Jessica once she receives her visa and is finished her degree at Trent University (June 2007).

Evidence documenting some of our visits follows this petition chronologically.

--------------------------------------------------------------

Reason it's a bit long winded - we don't have a lot of concrete evidence of meeting as far as K-1 standards are concerned, we have:

2 parking tickets with date, time, his car's liscence plate number and my address on them.

1 slip from border immigration when he had to declare a gift for me.

One ATM record (mine) from his sister's hometown during my visit for her wedding.

Photos of us together at various holidays and his family functions.

We are considering staying in a hotel for a night this weekend and having both names on the reciept to help out. We are also considering:

One notarized letter from my best friend, including a picture of the three of us together at a Halloween party.

One notarized letter from his sister, including a picture of John and I together with her at her wedding.

Thanks for any advice you can give.

Jessica

We used a separate sheet. We put all the info at the top - form number, his name, his A number or whatever...EVWERYTHING and put see attached in the box.

It seemed to work fine

Did you use one single sheet, or four copies of the sheet?