rgburress

Excellent, thank you everyone for the reply's, that means we can technically live together for 6 months before she even gets the visa and we will just be apart while we have here get the visa and interview done. This is great news, why do more people not talk about or consider this option? I haven't read much about it anywhere. Also on a add on to this, could she stay for 180 days while we await a fiances visa? That way we could stay 6 months together then another 3 when the k1 goes through, obviously still having to return home for the interview and what not. just to make sure were not rushing things on marriage.

You don't see many people talk about it because for most people it's not practical. How can you have strong ties to your home country, and yet be able to leave those ties behind for six months at a time? When the alien presents themselves to the CBP, provides the evidence of strong ties to their home country, and then asks for a 6 month stay, it's going to sound to them like the alien is cutting those ties as of now. They may not grant her permission to stay for 6 months, and might even deny her entry entirely if they suspect she isn't going to leave when she's supposed to. It's entirely at their discretion.

If you think there's any chance at all that you might be rushing things on marriage, then you probably shouldn't file the petition for the K1 visa yet. This is a long and expensive process. You shouldn't begin this journey unless you're sure you'll be saying "I do" at the end of the road.

I have no doubt that I want to marry her, I just don't want to be forced to marry to have her here, I do love her with all my heart and soul, I just think it would be nice to be able to stay together for some time and not have to be forced to jump into marriage to be with her. the laws are so stupid although I do understand the purpose of them.

Congrats!!! that is awesome news.

Excellent, thank you everyone for the reply's, that means we can technically live together for 6 months before she even gets the visa and we will just be apart while we have here get the visa and interview done. This is great news, why do more people not talk about or consider this option? I haven't read much about it anywhere. Also on a add on to this, could she stay for 180 days while we await a fiances visa? That way we could stay 6 months together then another 3 when the k1 goes through, obviously still having to return home for the interview and what not. just to make sure were not rushing things on marriage.

I will definitely be applying for one very soon. I will let everyone know how it works, but if I do only go for the weekend and come back on sunday then there should be no problems anyway because that will be before june 1st

If all else.. http://www.cbsa-asfc.gc.ca/contact/general-generaux-eng.html

The Border Information Service (BIS) is a computerized, 24-hour telephone service that provides general border services information on topics under four main categories:

* personal travel information;

* business importation/exportation;

* currency exchange rate information; and

* residency information.

If you call during office hours (Monday to Friday, 08:00 to 16:00) local time, you can speak directly to an agent for more specific information.

Calls outside Canada

Long distance charges apply

Service in English:

* 204-983-3500

* 506-636-5064

Great, thanks, I will call them and see whats up.

It depends on how you're getting across the border. If you're flying, you absolutely NEED a passport and yes, the passport rule is coming into affect June 1, 2009. I doubt they would let you in without a passport because this Saturday is the 30th. So unless you're going to head back the next day, then the chances are HIGH that they won't let you in.

Well the plan is to go across on Friday and come back across on Sunday, which would still be before the 1rst. My main concern is what if something happens and I am delayed a day or two coming back, they can't not let me back into my country just because I don't have a passport can they? I will be driving.

It depends on how you're getting across the border. If you're flying, you absolutely NEED a passport and yes, the passport rule is coming into affect June 1, 2009. I doubt they would let you in without a passport because this Saturday is the 30th. So unless you're going to head back the next day, then the chances are HIGH that they won't let you in.

EDIT: However, you can always try. But no guarantees. I would have invested in a passport months ago..>_<

Yeah I was stupid about that, I definitely should have gotten one months ago.

She has proof of ties to the country, name on a rental lease, job, loan, all that, so I don't think that is an issue, the problem is that if she stays for 180 days the she will have to quit the job, but that still is no grounds for proof of fraud. The plan for now is to have her come visit for a week or two, and if it happens that we decide we don't want to be apart anymore then we will get married and apply for the paperwork, she will call her job and explain it to them if we do happen to marry. If the processing takes longer then 180 days then she will just go back home for the hopefully short time left until she can get her visa to come back. From everything I have read I don't think that this can be considered fraud. Any body know something more that I don't? thanks for all of the other input as well.

The type of visa fraud you're talking about doesn't occur until the foreigner applies for AOS after getting married in the US. It is at that point that their original intention when they crossed the border becomes relevant. As long as she doesn't try to adjust status while she's here in the US, and she returns to Canada, then there can be no question of fraud.

Now, having said that, that doesn't mean that the CBP officer isn't going to suspect fraudulent intent at the time she crosses the border. Make sure she doesn't bring anything with her that would reinforce that perception. For example, any documents that would normally be needed to adjust status should be left in Canada.

Ok cool, yeah we don't plan to be applying for status adjustment while she is here, we will just apply for the k3 or the Cr-1 while she is here, she will still have to go back to Canada for the interview and what not. She will basically only be bringing her proof of ties to the country and one small travel bag with her, so I don't expect any issues.

Ok so I'm not sure if this applies here but I will see if I can get some info anyway, I did a few Google searches and didn't come up with much. I am going this Friday to visit my fiance in Canada. I do not have a passport, I have just been using my birth certificate to get across. Friday is before the passport deadline, but when I come back to the states it might be after June 1st, so I am kind of worried about how that will go at the border coming back into the states with just a birth certificate. Anyone know about this at all?

She has proof of ties to the country, name on a rental lease, job, loan, all that, so I don't think that is an issue, the problem is that if she stays for 180 days the she will have to quit the job, but that still is no grounds for proof of fraud. The plan for now is to have her come visit for a week or two, and if it happens that we decide we don't want to be apart anymore then we will get married and apply for the paperwork, she will call her job and explain it to them if we do happen to marry. If the processing takes longer then 180 days then she will just go back home for the hopefully short time left until she can get her visa to come back. From everything I have read I don't think that this can be considered fraud. Any body know something more that I don't? thanks for all of the other input as well.

OK so after doing a lot of reading on other posts and stuff on here I just had a few other questions. I read on one of the reply's to someone that if my fiance comes here with intent to marry me it is not illegal as long as we still plan on filing the proper paper work and she does not overstay her 180 days (for Canadian) is this true? can I bring her here, marry her, file the paperwork and if the process is not complete within 180 days just have her go back to Canada for a little bit until it is finished? Technically doing this would mean we had no intentions committing fraud because we plan to have her leave at the end of 180 days if process is not complete. I understand she would have to go back to Canada for the interview and to get the visa even if the petition process is complete in the 180 days. Can they say this is fraud when we had no intentions of having her move here until we get the proper visa?

whatever happened to innocent until proven guilty? lol. do they say how you could prove there were no intentions to marry beforehand? because if they wanted to be rough about it it would be almost impossible to prove that.

If she had already arrived in the US on some other type of visa - tourist, student, H work visa, etc. - and you met each other after she arrived, then it would be pretty easy to prove. Being able to marry and apply for AOS while in the US on a different sort of visa was kind of designed for scenarios like that, where the foreigner met the US citizen after coming to the US. If they knew each other prior to the arrival of the foreigner and subsequently got married, then the intent of the original visa is going to be suspect.

Is there anyone way to prove it though even if we have met before? I know I have heard that if you wait like 3 months after she is here it will be less suspect, but I don't want to mess things up and not have her be able to come here, then I would have to try to get into canada and it is cold up there lol.

Are you intending to go for AOS or K3/CR1?

I have no clue, I honestly do not know much about any of this stuff. I will have to read into what either of those are to know for sure. I'm trying to figure out what our best options are to be able to be together as soon as we can.

I can appreciate that. Look into it very carefully before making final decisions. I think that you can get married, but not file AOS but the K3 or CR1 (which I've heard is much better and cheaper!) And I'd also like to say that if she came and you married and filed AOS, you need to prove her intent of visiting was NOT to get married. That may be hard to do. It was suggested to me to do that with Tim, instead of all the "other" paperwork stuff...but I figured that it was too risky and we went about the K-1 route. Best wishes for your plans!!

By the way. A Canadian can visit for 180 days. It's roughly like 6 months, but you need to watch the days, not months that she's visiting.

whatever happened to innocent until proven guilty? lol. do they say how you could prove there were no intentions to marry beforehand? because if they wanted to be rough about it it would be almost impossible to prove that.

DCF is for when both the USC and spouse are legal residents of a foreign country.

oh ok, nevermind on that one then. I will read through the guides and see which way we want to go about doing this. Thank you everyone for your help.

Does anyone know anything about the DCF option, the link for more information on it says no longer valid

Are you intending to go for AOS or K3/CR1?

I have no clue, I honestly do not know much about any of this stuff. I will have to read into what either of those are to know for sure. I'm trying to figure out what our best options are to be able to be together as soon as we can.

Any chance the paperwork would be processed within that 6 months?

I have another topic on here too but this one is a bit different of a question so I wasn't sure if I should do a new topic or not. We have been looking into doing the K1 fiances visa. But I was wondering what would happen if she came here and we just happened to decide to get married when she is here? Could she stay here while we apply for her to be able to stay (I believe that's the K3 but I'm not sure). Or will she have to go back to Canada while we wait for everything to go through?

Awesome, thank you all for the extremely fast responses, I will read through the guides and see if I have any questions that I can't find answers to there. Is this whole process easy enough to do myself with my fiance or should we look into a lawyer to handle it, Can they flat out deny her to be able to come here and be with me? If so that seems kind of crazy that they could keep two people in love separate from each other.

Hello, just joined here, there seems to be a lot of knowledgeable people on this site. I am posting because I am going to be applying for the K1 visa for my Canadian girlfriend, we are both very concerned about making sure this gets done properly because we want to be together as soon as possible and do not want it delayed or drug out. My main questions are is it just the I-129F that we need to fill out and send in with our evidence proving our relationship? Or are there other forms that need to be completed and sent in as well? Every site seems to say a different thing. Also I was wondering if there is a sample letter to go by to have family members write the letter to verify relationship or what exactly should be in the letters from them, and how many letters do we need from my family and from her family? And if there is any other tricky stuff that we should know about before I send in the application. Any information would be greatly appreciated as this all seems quite overwhelming and confusing. Thank you very much.