Hello fellow VJ members! About to begin this process and adventure and wanted to get some clarifications on a few things.
I'm in the US and will petition for a Canadian.
She wants to come visit me for 3-4 months in the US. She already visited for a couple of weekends, and I've been up to Canada about five times too.
What in general do you guys think is better? For her to enter on the visitor visa, THEN apply for the K1? Or apply for the K1 BEFORE she enters on the tourist visa?
I see mixed things on this. It seems if you already have a K1 pending, and then enter on the six-month visitor visa, then the border officer will ask lots of questions.
But if you apply for the K1 after entering on the visitor visa, would that possibly look suspicious to customs?
I just need to know the best thing to do, I want to make it as smooth and easy for her as possible, while also making it possible to see her for 3-4 months.
She is going to try and get a leave of absence for her job, and she currently lives with siblings and helps pay the rent. Two things that would show intent to return home.
Okay and another question regarding length of stay. I hear differing things about how the calendar year works as far as the six months. So I'll give some details to help out.
She visited for a weekend back in January, then a weekend in April, and another weekend in July, so I'd estimate about a week of her six months has been used for this year.
Does the six months "reset" at the beginning of the year, or is it continued to be tracked? For instance, if she stays for 3-4 months on a trip coming up, would that mean she
only has 2-3 months remaining for 2026? I know in other posts it's been said the US has a give and take system. You come here for 3 months, stay in your home country for 3 months.
It's a bit confusing and I'm trying to wrap my mind around it. Any clarity would be greatly appreciated!
One final thing, if she stays for 3-4 months on her visitor visa, does that take anything away from the K1 90 days, or is that completely separate? For instance, she stays for 4 months on the
visitor visa, and then returns home to Canada for 4 months, and won't visit again until the year either "resets" or the give take system is satisfied. Let's just say the K1 is approved in 8-10 months
and is ready for us to use next year. Would her 4 month visit subtract anytime from that K1? 4 months visited, leaving only two left for the K1, or is the K1 90 days completely and totally separate
from the time given for the visitor visa?
Thanks so much for any help and advice!