iampatricias

Hello,

My thought is that if she already has a valid tourist visa, by all means visit. I use an I94 to visit my American fiance pretty regularly while we wait for this K1 paperwork to go through. It never hurts to bring proof of employment, or records showing her responsibilities in HK and her need to return before her visa expires. I usually bring my work contract and most recent pay stub, but things like rental or lease agreements or school enrollment papers also do the trick.

Hope that helps!

We're still waiting but we had a slight delay on account of an RFE.

I agree with pushbrk - only you know what you are comfortable with.

We only hired a lawyer because we didn't know anything about the process or feel confident about doing it correctly. We still got an RFE, but personally, for me and me alone, I feel better knowing he's working through this with us and for us. Now that I've found this site, I guess we probably could've done it without him, but still, I'm more comfortable with our lawyer.

No lawyer, despite whatever s/he says can make this process go faster. And I haven't seen many members on this site who have gone from NOA1 to visa-in-hand in less than 6 months.

The wait is seriously no less than 6 months, and probably closer to 10 months from start to finish. Take a look at the Honduras forums and find folks applying for the same paperwork as you and check it out.

You don't *need* a lawyer. The paperwork might feel overwhelming but if you're paying attention and willing to put the work in, you can complete it yourself/together. We got a lawyer because we didn't want to pay (in money or time) if we screwed something up the first time, and we still managed to screw something up. It was very minor, but I honestly feel better knowing he's done this before and is calling around to get us through this as fast as possible.

Good luck with your tough decision!

So, in Montreal, there are K1 interview dates available in February? Because I was under the impression getting an interview in Montreal would take almost as long as getting the NOA2...

I believe if you do nothing, your application eventually expires, and that is the end of that. You can also send a letter requesting to withdraw your application and close your case.

It seems to me you should still be free to visit with the VWP tourist visa at any time in the same way you have in the past - maybe bring some proof of ties to home, which is something that can be requested any time you come.

My NOA2 waiting time is terrible! Much too long!

We're coming up on six months

If your passport says you were in the States 2008-2010 working, and your fiance is the USC, who was living and working in the States 2008-2010, copy all your passport pages, including the picture page, and that will be excellent primary evidence!

The main thing is "can you prove you were in the same COUNTRY", which is why boarding passes count at all, even if they don't have much to do with the actual city where you spent your time.

My USC fiance worked in Canada for an American contracting company from 2007-2010. We only met in 2009, but the fact that he worked in my country is relevant primary evidence. Make sure names and dates are on the photos you submit, and the emails/chat transcripts you submit, and they will support the fact that you met in the last two years even if they don't explicitly show it. They won't look at the pictures or emails thinking, "Hmm, this date *could* be fake" if you've proven you lived in the same country (ie. America).

To add to our evidence, my fiance and I both wrote letters describing how we met and fell and love (keep it to a page!) and had my roommate and his mom write similarly themed letters, testifying that they'd met the relevant party and had seen us together often and while we grew in our relationship and how happy we'd be together etc etc. The most important thing about these letters is that they MUST show the author's name, address, date, and SIGNATURE. These letters are not required and they do NOT count as primary evidence but they *can* support your case if you're worried about primary evidence, and they certainly can't hurt.

Good work getting this sorted out before you submit the application and good luck!

It's sooo stressful! While you wait for the details, maybe read through the RFE Master List in this section of the forums so you can see what kinds of things people have gotten RFEs for and how they've dealt with them. You might be surprised at how little it takes, or what kinds of "additional evidence" other folks submitted to get to their NOA2s.

At the very least, it'll make some time go by and you'll come out more prepared!

The K1 visa is a one-time use visa. I imagine someone else will explain this in detail better than I can, but I would not plan to return to Canada within 3-5 months of using your K1. During that time, other paperwork needs to get filed that will allow you to come and go again, but there's no easy way to get back into America before the next round of paperwork is done.

I believe it's based on the petitioner's state - for example, a petitioner in Washington state is processed through California, though apparently, sometimes applications are transferred from one center to another because of volume.

My brilliant, detail oriented engineer fiance and our well-paid lawyer BOTH missed a lone box on one form asking whether or not the petitioner had ever been convicted of a crime.

An RFE was issued 5 months and 2 weeks after our NOA1.

There was nothing to do but check the appropriate box. Getting angry won't get you through the process any faster.

Hello CaBOoSE! My sweetheart and I got our NOA1 on July 22nd, 2010, and heard absolutely nothing (no touches, no updates) until our online status suddenly changed to "RFE" (Request for Evidence) on January 5th, 2011. Plenty of folks who filed nearer the beginning of July got their NOA2s in the middle of November, and that really made me desperate to hear anything, but don't let yourself get worked up until you hit your 5 month mark without an NOA2.

After the NOA2, the appointments and paperwork could take another 1-3 months depending on whether your interview is through Vancouver or Montreal - but I can't speak for that too much because I'm still not quite there yet.

This is a really great site to stay informed and figure out how to prepare for everything, but don't let others' timelines cause you to freak out when there's nothing to be worried about yet. The more you read, the more you'll see that your case is coming along more or less like everyone else's.

The distinction between religious and legal wedding is important to me too. For me, having a spiritually valid wedding is of primary importance, while the legally valid wedding is "just paperwork". They're two separate institutions in my mind, and yet, I can't get past the nagging feeling that even if we did get married at a church with no marriage certificate, and then we crossed the border and said, "no we're not married, we're going to the courthouse next week", we'd be somehow lying. In any case, I can't convince my pastor/priest to marry us but not legally - marriage is marriage in his mind.

Other countries/cultures/religions do this differently though - this is my Canadian/Christian experience.

Our RFE turned out to be a missed box on one form indicating whether or not the petitioner had a criminal record.

Many emotions are presenting themselves for use, but I am going to go with relief and say it could have been worse.

Our [insert colourful adjective of choice] lawyer is driving to my fiance's house tomorrow to sign the relevant paperwork again. Problem solved.

JlovesA - you got your NOA2 in November - did you deliberately choose your April interview date or were there sooner dates available?

It's really interesting hearing everyone's border stories! I'm a Dutch citizen, permanent resident in Canada since 1990 (family immigrated when I was young) and I live in the Niagara region of Canada, and whenever I visit my fiance, I drive across the border into the States to fly out of Buffalo (it's closer than Toronto, and much cheaper to fly domestically!) To enter the States, I always need the 90 day tourist visa. Since we got our NOA1 (July 2010), I've crossed the border to either visit him or pick him up from the Buffalo airport 3 times, and have also crossed the border into the States to shop or whatever countless other times and I have only had a real hassle once (see story below). I think I was just getting too casual

Whenever I cross now, I bring my contract/offer of employment and pay stub from my employer and my full itinerary (if I'm flying). When they ask me where I'm going and why, I always say, "I'm visiting my fiance. We've applied for a K1 visa." Usually I get asked, "Is he American? Where does he live?" Only once has there been a follow up question about the process: have you been approved yet? Other than that, I just get the standard border questions (how long? who are you with? are you bringing gifts or alcohol etc.). My advice is to get some proof you've got things to get back to at home, and go for a visit but don't be afraid to be honest. Assure the agent you are well aware of the rules and intend to follow them and not screw the whole thing up.

Worst border crossing experience yet: In August I was in the last month of writing a grad school thesis and was flying out to Seattle to stay with Eric for 3 weeks to finish it up and rest from a busy summer of work. Since I'd crossed the border about 15 or 20 times in the last 2 years, and hadn't faced any notable resistance to speak of, I was completely caught off guard when the border guard asked my landlord (I've roomed/boarded with him and his family for 7 years, they're my "Canadian parents") and I to please "exit the vehicle and come inside". After a 10 minute wait inside, while the new agent inspected my passport and discussed my boarding passes, I was called to the counter and more or less interrogated about my intentions. It was 4:30am and I was trying to cross the border with my passport, my tourist visa, and my boarding passes. What had sent up red flags for them was that I had said I *couldn't* print return tickets, because they weren't available yet - I meant the boarding passes you can print at home 24hrs before your flight, they thought I meant the itinerary. In their mind, I had no intention and absolutely no proof I had a return flight. Plus, I wasn't even driving my own car, and I had packed way too heavily (my bad!). The agent at the counter asked me about my job, my education, my plans for the future, etc while she read through every scrap of paper and piece of ID and membership card in my wallet, trying to trip me up. Eventually, she sent me to have a seat (I had a little cry - it was very stressful and very, very early!!) and then called me back up and said they had every right to turn me back but they'd let me through JUST THIS ONCE. She warned me very sternly that it was my responsibility to prove absolutely that I had no intention of overstaying my visa and gave me a list of valid evidence (like other poster have mentioned, bills, contracts, letters from work, landlords, or others proving that you're expected back for x responsibilities by y date).

Honestly, I was dumb for not even bringing a print out of my itinerary, but I've flown so often by now that what's on the boarding passes is enough to get me through the trip without any stress. Again, of all the times I've crossed the border, this was the first time I'd ever been asked for any of these things, and now that I bring everything I can whenever I cross, I've never, never been asked for this evidence since.

So, that's my story. If you're from a visa waiver program country, (like Holland), I suppose it's a little easier than not, but come prepared and be honest. The border guards see hundreds of people every day and don't want to make a hassle unless you give them a reason to (like not providing any proof you intend to leave their country like a good foreigner!).

My fiance and I have been waiting for our NOA2 for 6 months and 15 days. Our lawyer kept saying to us: wait, wait, wait... Finally, we just decided not to wait anymore. My fiance called to USCIS, they were actually shocked and apologized it took so long and next day we got our NOA2. They told him that we shouldn't have waited any longer once 5 months mark passed. So my advice- call them. It worked for us!

^ That is a surprise! Our lawyer called USCIS on January 4th and found out they "sent an RFE December 22nd" but we never got one. They promised they'd send it again, and our status changed to RFE online the next day. Coincidence? Who knows.

Some people seem to call and call and call and all it does is make them feel productive (or even more frustrated) though it achieves little for their application. Others call and find out information that hasn't been posted yet, or talk to someone who reassures them progress is being made, or like you, approve the application the same day. It really does seem to be different for every single situation.

I am in the same boat and am still waiting for the paperwork to arrive.

Here's to hoping it's quick and painless!

Actually, the earliest interviews are in 3 weeks. That's not backlogged to me...

^ I was just about to ask about this very thing - is there a timeline or link that we can look at for K1 filers from their NOA2s to their Montreal interviews? It's a bit of a letdown to see some applicants are waiting nearly as long for their interviews as for the NOA2s.

Hello, I've been browsing these forums for about a month, and am happy to see so many July CSC filers getting approved at long last.

Alas, we were issued an RFE 5 months and 2 weeks after our NOA1 so I wanted to add this information to those trying to gauge processing times.

All in all, this thread has been very reassuring and it sure has left me feeling much, much more informed, which is the least I can do while I wait.

After spending 3 days reading through the RFE Discussion thread, if this is the only thing you get an RFE for, your case should not face significant delays. Some posters have reported minor errors on forms that are never caught. All you can do is wait and see, and deal with any further paperwork as it comes.

Hi all,

My guy and I are planning a small church ceremony and dessert reception in Niagara Falls or Lewiston, NY, since it's less than an hour's drive from where most of our Canadian friends live. Family will have to travel further, but we are looking forward to marrying within 2 or 3 days of using the visa (I believe there's a 24-hour wait time in NY between the marriage license and certificate).

We got our NOA1 back in July/10, and just got word of an RFE, but I haven't made any firm plans anyway. Several friends have volunteered to take care of flowers, food, and music and I have a dress, but we can do without the rest. We've sent formal engagement notices with our intention to marry in "early 2011" to all of our family and the wider network of friends and acquaintances but we're not sending out official invites (also to try to keep the whole thing more low-key).

Our only prayer right now is that the RFE glitch is very minor and I have a visa in hand before lent starts on March 11. Who knew some churches won't marry couples during lent? *sigh* We shall see!