Fibbidiboo

Hi guys! I've been lurking on this site since we initially filed for our K1 the first week in January. Can't remember the exact date we sent the P3 to Montreal but I can tell you that I called yesterday after reading of the spate of new dates handed out and we too are on the list! For us the interview is August 16th!!

One question for anyone who may know. Inasmuch as my fiancée is Canadian we plan to marry in Canada late this summer so her 92 year old Mother can attend, before we do the POE package. So once we do, we will not actually be in a fiancée situation anymore. I wonder if this would be a problem? Any thoughts? Actually, we could go visit my Mother in Michigan before the wedding and do the POE in Port Huron then, come back a few days later, then get married a couple of weeks after that.

Anyway, I enjoyed reading about all the angst and now the happy notes those lucky enough to get their dates are writing.

Good luck to all and see you in line!

My fiancee (the beneficiary, from Ontario) is trying to prepare the packet 3 and she, like many others, cannot get the thing to print anything but the confirmation. It just won't do it. Is it because she's on a Mac? Or because she's using the Firefox browser? In researching this site I see that some have only brought the confirmation page to the interview which makes sense since they have all the data stored online anyway. Others don't agree. During her trials and tribulations she started over and filled out the whole form again thinking that maybe a new one would allow her to print. No dice. So we are back to square one and I told her to just send in the confirmation page with a letter of explanation of what happened in case they see two different (but the same) DS160's for her.

Any thoughts?

The USCIS web site states that for K1 filers to Montreal online DS160 cannot be used yet the check list sent with package 3 from Montreal states that a confirmation letter of the online filing must accompany the submission of the package back to them! My fiance did file DS160 online (and could not upload a passport photo) but cannot get a confirmation--there appears to be no way to do so.

Help!

So you are saying that all the items listed on DS156K must be sent with packet3 back to Montreal?

We are at the stage of submitting to Montreal the package prior to the interview. The cover letter with NOA2 states that a checklist is all that is required and not the items literally on the checklist. However, form DS156K states that all the items must accompany the form! Which one is it!!??

The rules are quite specific, and the officers don't have discretion, neither to increase nor decrease the overstay penalties.

If in fact she accumulated more than 180 days but less than a year of illegal presence, she faces a three year bar on admissibility, starting on the day she left the US.

If she applies for a visa (has her interview) more than three years after leaving the US, the bar has been served, and there is no further bar to admissibility.

If she applies less than three years after leaving the US, the bar is in effect, and she'd need a waiver. But it would probably take longer to get the waiver approved than to let the bar run out, given the timeline you've described.

An interesting question, which I'm not sure of the answer to, is how long the approved I-130 is good for. In other words, is it feasible for her to delay her visa application until after the bar is complete?

Another thing to look into is to be absolutely sure of precisely how long she overstayed. If she was issued an I-94 with a specific expiration date and that date passed, then the overstay timing is probably pretty clear. If she was issued an I-94 with a "Duration of Status" (usually abbreviated "D/S"), then she doesn't start accumulating overstay time until she is told by an immigration judge or by the USCIS that she is out of status.

I'm not sure that's true. My Fiance is Canadian and retired and spends as much time in the US as possible, but constantly monitoring her days. Recently we were told by an experienced immigration attorney and by two Border Patrol officers that there is no 6 month restriction for Canadians, just a limit of 6 consecutive months. All three said the clock resets each time you go over the border. Nobody---and this is important to us---has been able to refute that. I wish we knew what the right answer was!