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iLoveAPolishGirl

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Posts posted by iLoveAPolishGirl

  1. I have a similar question.

    My fiance is here visiting me in Canada right now(has been for the past two months) from Texas, and is planing to stay until the six month date, not working, just visiting with money he had saved. Anyway, we want to get married in a church in July and would both prefer to move back after we get married. We are aware that I will have to apply for a greencard ASAP. So, we were thinking that within this week we would go to the courts to get married so we have the offical papers and can start the process sooner rather than later.

    What I am really wondering is, is it possible for me to cross the border with him in July and for me to stay in the US not working, but, just living with him until the process is finished and I am(HOPEFULLY)approved of a greencard and then once that is done I can work(whether that takes six months or a year or so)?

    Quick answer: yes. As I noted in my reply, if you use a B2 visa, a 6 mo stay will MINIMALLY be authorized for you, possibly up to one year, with the (expensive) option of requesting additional extensions of up to 6 mo each.

    However, for a stay request / extension of over 6 mo, I expect you may be grilled to prove your intention of returning to Canada!!

    Note, though: if you marry in Canada, I do not believe u can file for a K-1 visa, so you are posting in the wrong forum ... you would, I believe file, an I129F for a K-3 visa and an I130 for perm residency at the same time. The process is different, so see the timelines / info on this site for that journey. I believe you must maintain a perm residence in Canada WITH NO INTENTION TO ABANDON for the entire processing time until either the K-3 or perm residency is granted. An in person interview in the Canadian consulate will be required.

    dvc

  2. I can't seem to edit my post, so let me amend my post....

    I thought the original question specifically asked about B2, but later see it didn't... so note that the info I provided applies ONLY if visiting with B2 visa. Also, obtaining a B2 visa will add some time to the process, since Dixie's fiance will need to apply to a consulate and go to an interview there, in person, IN CANADA, however, it will allow her fiancee to stay in the US for a far longer period of time.

    I assume Carlawarla is correct about visiting from Canada without a visa, so my apologies!

    dvc

  3. Canadians can stay in the US with a B2 Visitors Visa (basically the stamp from Border Protection) for 90 days.... but only visit, no working...

    This isn't true. You can visit the US from Canada for up to 180 days a year, and if you want to use that all up at once, you can. I rarely if ever have had anything stamped at BP. A B2 Visitor's visa? We don't need a visa.

    Neither is true for the question asked ... B2 Visa visits are different...

    From 8 CFR:

    8 CFR PART 214 -- NONIMMIGRANT CLASSES\Sec. 214.2(B) Visitors --

    http://www.uscis.gov/propub/ProPubVAP.jsp?...8e046afc8800b72

    (1) General. Any B-1 visitor for business or B-2 visitor for pleasure may be admitted for not more than one year and may be granted extensions of temporary stay in increments of not more than six months each ...

    (2) Minimum six month admissions. Any B - 2 visitor who is found otherwise admissible and is issued a Form I - 94, will be admitted for a minimum period of six months, regardless of whether less time is requested, provided, that any required passport is valid ...

    dvc

  4. Ok,

    I sent in my I129F and have an NOA1 dated 2/25, but I made a few mistakes. I'd like to send in a package amending my submission prior to getting any RFE... is this possible?? Would it help or hinder? Does anyone have any relevant experience to report??

    Specifically, I made the following errors in my my submission:

    1) Forgot to write names on backs of passport photos (!)

    2) Did not see Form# which was on the back of my birth certificate, so I wrote "none" in the space, so that entry is incorrect.

    Also, not *required* but suggested by this site (which I only found a couple days ago!!):

    3) Cover letter with contents described / enumerated

    4) Descriptions on back of photos showing us together during two previous trips

    (however, the photos are date-stamped on the front and I did included boarding passes, travel iteneraries and described the visits in the space provided on the I129F form)

    So, question is.... should I pre-emptively send a package to USCIS (Vermont Service Center) to correct these mistakes ... or .... should I wait for an RFE? I'm quite sure that forgetting to write the names on the backs of the passport photos will automatically generate an RFE, as it is clearly stated in the instructions to do this... and I would *REALLY* like to avoid any delays... so.... ????

    Many thanks in advance for your opinions!!!

    dvc

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