valerieg76

We went to CVS and had no problem with the photo's we sent in.

When we go to CVS, do we just say passport pictures or do we say Immigration pictures? I get so nervous because with our luck our package will be returned lol

Thank you so much

I live in Westchester County, NY (15 mins from NYC). I have been searching online for places that will take the passport style pictures for us but have had no luck. I have been told I need to find a place that specializes in pictures for immigration since it CANNOT be a passport picture. We have CVS, Walgreens and even Walmart around here. Does anyone have any suggestions? This is the last bit of our application before we send it in. Any help would be greatly appreciated!!!

They don't normally stamp the passport of a Canadian or give them an I-94 - so don't worry about that.

As I mentioned in your other thread, you seem like candidates for adjustment of status, so i'm not really sure what you are asking. If you want someone to 100% guarantee you that he won't be asked about his intent when he crossed the border and they will believe that he had none - no one can guarantee that - if they do then they are not telling you the truth.

The adjustment of status is a legal way for him to apply for permanent residency in the U.S. There is nothing shady about it if you are following the rules. Based on what you have posted, you are doing that.

Thank you so much (again)! I am just so nervous with other people telling me that marrying him first will cause problems. I have more people (including a lawyer) telling me this is the way to go. So now on to get our marriage license and tie the knot. Then the hard part lol (paperwork and waiting).

ok here goes my story lol

Some people have given me some advice so now I am just clarifying with people who are either in this exact process or starting it.

I am a US Citizen with a Canadian fiance. We have a child together (born in the US). We have been together for over 3 years and our son was born in October 2009. We have gone back and forth to visit one another. Up until recently, our plan was to live in Canada. The only reason we haven't done so yet is I own a house and I am working trying to save up money. We had his family get the info for me to migrate to Canada with our son. Then my fiance came to visit us a couple months ago. I was actually thinking of selling my house in order to move. With the economy in the state it is, I would lose money if I sold my house. We came to the decision that we wanted to stay in the US.

I found this website and told my story and was ready to apply for the k1 fiance visa, but was hesitant since that can take 6 months to a year and my fiance would have to leave the states at his 6 month point and possibly be away from us for up to 6 months or more!

Some other people mentioned getting married asap here in the US and then applying for an AOS. Since when he crossed the border, he didn't have intent of staying here (we were then planning on going to Canada AND he still has his apartment in Canada with all of his belongings there and he hasn't given notice yet). I read the guides and understand the process but I just get scared by the wording of "banned". It says if you are not eligible for i-130/AOS and you apply, you can get banned. How does one know if you can do that. He is ok with not being able to leave the states until his green card is issued. We are ready to get married in a day's notice if I know for sure this is the right way to go. I have contacted all types of law firms and no one has returned my calls. I am so nervous

Also it asks for anm i-94 from the immigrant. I can tell you my fiance does not have anything like that. They never gave him anything when he crossed...no stamps, no papers, nothing. Half the time they didn't even look at our IDs.

I just want to make sure I do the right thing. Any advice would be greatly appreciated!

I too agree that the best thing for you to do right now is to marry and adjust status. While there might be a concern about the intent I think you can very easily demonstrate that there was no intent on immigrating when he came he (specially since you both have been visiting each other for a long time and he still has all of his belonging back in Canada). In my opinion the question of intent is really a minor one, the same as overstaying, and USCIS is really concern about a bonafide marriage. I suggest you read the guides, it is actually a very simple process. Mine took about 3 months from sending the application to receiving the greencard, so with a little bit of luck he could even have his greencard before the becomes out of status.

Best of luck

Do we get married in the US or Canada? We can get a letter from the landlord stating he is a current tenant to show that he never had intent to immigrate. I just want to make sure we don't get in trouble.

So we should marry in the US or in Canada? I know someone that got married to his fiance in her country and then came here but for whatever reason she was deported for a minimum of 5 years. I def don't want to risk him not being allowed here at all or for years.

We are not married yet.

I will start reading the guide but there is sooooooooooooo much info it is overwhelming LOL

Just wondering in which country we should get married in - and then if we do marry and he is here wouldn't that be intent to immigrate? I just want to clear on all the info everyone has been so wonderful to give. I appreciate everything you all are saying!

Thanks so much.

Before you go any further at all - this is the most important question:

When your fiance entered the U.S. this last time - did he have any intent to remain in the U.S. this time.

Why I ask is this.

There is a thing called Adjustment of Status. This is when a person is already in the U.S. - did not enter the U.S. with immigrant intent (without the proper visa) but then got there and decided they would like to immigrate (ie: in your case, have you sponsor him and him become a PR).

IF he had no immigrant intent when he crossed the border this last time - you may well be able to simply file for an adjustment of status for him. That means he could stay there until the adjustment of status is complete and he is a PR. However, keep in mind that he cannot leave the U.S. for any reason until he gets his greencard or advance parole - whichever comes first.

Yes! He came here to see us (me and the baby) We knew we wanted to get married but we were still unsure of which country to live in. This last time he visited (where he is still here). he decided he wanted to live here and that our son would have more opportunity. He still has an apartment in Canada and all of his belongings. He basically just came with some clothes. He definitely wants his things moved here and of course he will need to give notice on his apartment (his landlord requires 2 months). Does this all qualify? If so, how do I do what you are stating?

I can't speak to how to 'transfer' Canadian disability - I somehow doubt it can even be done. But I'll let other Canadians speak to that more intelligently. Also he is free to visit here while the K1 is in process, so long as he doesn't stay longer than he is allowed to (isn't that 6 months as a Canadian?), and that it doesn't look to CBP like he is actually residing here. Unfortunately, you'll probably have to suffer SOME separation while awaiting the process (we all do).

There's nothing you need from your ex. You just have to prove you are both free to marry which can be accomplished by providing a copy of your divorce decree.

It's best to start by reading the guide so you understand exactly what the process entails.

http://www.visajourney.com/content/k1guide

thank you as well for your info. I have started reading the guide because we really need to get this done asap!

Yes, he can stay up to the 6 month point with you - you can mail in the application now, and then once he gets his interview (or gets to the 6 month point, whichever comes first) he will go back to Canada to complete the medical exam and interview process. You don't need to put an A number if you never had one.

Let me ask you, do they keep track of what date he came in? I ask this because in 2008 he was here alot back and forth but 90% here and the border never said anything (half the time they never even asked how long he was staying). Even once they didn't ask for our ids. They never stamp the passports so I was wondering how they know it is 6 months if they never gave a paper or gave a stamp OR even gave us a date he had to leave. I really have no clue what exact date it was myself. Life is a blur with a new baby lol

also I see some people get married in their fiance's country and then move to the states. I didn't think that was possible. I just want the quickest and easiest way (and of course legal).

There is no problem with you fiance visiting while your are processing the application. He will need to be interviewed in Canada and would need to follow the application process as directed by the consulate when its time for him to complete his forms.

Things to be careful of are overstays. Make sure he enters and leaves when he is supposed to. As long as he follows the rules you should be fine with visiting.

If the CBP suspsects intent to immigrate they may require he provide significant ties to the home country to allow entry for visiting.

I don't really see anything weird with your situation, its not like either of you has two heads or three feet

I don't know anything about the disability part of the situation and how that works.

Your divorce needs to be final before you can start the application process as you must show you are free and legal to marry (but it sounds like that is done).

You say that he watches the baby while he is visiting - what do you do when he returns home? I mention this because I hope he is not overstaying or you might be in for a tough time.

Thanks for your info! He hasn't overstayed but recently he is really needed. He has only been here for 2 months (we went to canada to visit his family and I picked him up). Can we send in the application while he is here? I am just wondering if he can be here from sending in application UNTIL notice of interview (as long as it is in the 6 months allowance)?? I ask this because the border doesn't stamp passports or give us any paper with any # on it and the I129F asks for an afrival #

I am so happy I found these forums!! I was hoping maybe someone out there could give me advice and where to even start haha

here is my story:

I am a US Citizen and met my Canadian fiance on the internet in Jan 2007. I drove to Canada to meet him in Apr 2007. Since then, we have been inseperable (by either me visiting him there or him coming here). We usually do the driving thing and the border never even stamps our passports. We got engaged in 2008. At that point we weren't sure of whether I was gonna move there or vice versa. In 2009, I got pregnant. We had our son in October 2009 (born in the US). Now we know for sure we want to stay in the US because I own a house here.

Now here are my dilemas lol (very complicated but here goes)

My fiance is on disability in Canada so not sure how that works to either get it transfered or if he has to start a whole new case (either way we are ok with it cuz I do make good money here and can support us for the time being).

Also, I was legally married until March of 2010. My marriage had fallen apart back in 1999 but we had stayed married (for convenience really since he is my best friend and I had nothing to my name. We still remain good friends. My ex hubby and I had a marriage on paper but not a real marriage for around 8 years until I met my canadian. My fiance is also good friends with my ex hubby. My ex will write a letter stating anything in order for me and my fiance to be able to be together.

Also, and this is really important. I work and while my fiance has been visiting, he watches the baby. I don't have anyone else and really cannot afford childcare. While this k-1 visa is in the process I need him to be here or else I won't be able to work and therefore, would lose my house. I had read somewhere that the foreigner had to remain in their country for the process.

We want to do this ourselves but we have such a weird situation. Lawyers cost so much and I am really trying to avoid using one.

Any advice would help!

Thank you in advance,

Valerie