Needing Canadian fiance to move to US

[valerieg76 0]

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

Edited May 21, 2010 by valerieg76

[TracyTN 237]

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

[Bernie C 24]

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.

[valerieg76 0]

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 #

[katie & sifa 25]

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 #

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.

[valerieg76 0]

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).

[valerieg76 0]

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

[valerieg76 0]

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!

[TracyTN 237]

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).

Yes it's possible - read the guide section. You can weigh your options there and learn about both processes.

The K1 is slightly faster, but not radically so. It just depends on which you prefer to do (again see the guides).

[trailmix 77]

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.

[Bernie C 24]

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.

Biggest problem with this scenario is that they have a child together. While that is a wonderful thing, if they married and try to AOS in the states the fact that they already had a child together would go along way towards looking like there was intent to immigrate. I would caution against this. It would be much safer to go K-1 or CR-1 simply to avoid a potential "intent" issue.

[trailmix 77]

I disagree.

While clearly there is intent to live together, you can say that about every engaged couple and every married couple - but that's not the point.

It is clearly stated that it is all about intent to immigrate, without first obtaining the correct visa - not about intent to live together. They could just have easily chosen for her to immigrate to Canada.

Anyway, that's the way I see it.

[valerieg76 0]

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?

[trailmix 77]

Hi,

Well the first thing to do is read the guide - just click on the Guides tab at the top of this page and have a look at:

US Citizen and Spouse both live/reside in the US: - I-130 Petition and Adjustment of Status Guide

The most important thing to remember with this one, as I mentioned before, it that he cannot leave the U.S. until he gets his green card or advance parole document - this is important, as, if he leaves he is then not eligible to do this. The only way this works is if he came across the border with no immigrant intent, if he goes back to Canada without one of those items then enters - well he now does have immigrant intent (if that makes sense).

You will probably have some questions after you read the guide.

[Deputy Purple 1,294]

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?

Marry and file for AOS...

That he left his life intact in Canada is good proof that there was no immigrant intent.

He will need to stay in the US until he gets AOS approved or AP (Advance Parole) or the AOS will be considered abandoned.