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AOS from within or K3 from afar...tough decision for Canadian wife of American

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AOS from within or K3 from afar...tough decision for Canadian wife of American

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Old Jan 5th 2006, 7:11 am
  #16  
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Default Re: AOS from within or K3 from afar...tough decision for Canadian wife of American

Originally Posted by [email protected]
My husband is filing the I-130 from within the US. I will be reporting
to the US Consulate in Toronto for the K3, once we receive
notification when the I-130 is pending. At least, this is my meagre
understanding of the proceedings. . .

No you won't. The US Consulate in Tornoto does not handle K-3s. You have to go to Montreal or Vancouver.
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Old Jan 5th 2006, 7:21 am
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Default Re: AOS from within or K3 from afar...tough decision for Canadian wife of American

Originally Posted by [email protected]
My husband is filing the I-130 from within the US. I will be reporting
to the US Consulate in Toronto for the K3, once we receive
notification when the I-130 is pending. At least, this is my meagre
understanding of the proceedings. . .
A pending I-130 is not sufficient for getting a K-3 visa in your passport.

Once he receives notice that the I-130 is processing, your husband can file another petition (I-129f) and wait on that. When it is approved, it is sent from the USCIS Service Center to the National Visa Center and eventually on to the Consulate in Canada that handles K-3 visas (Vancouver or Montreal-your choice) and when they have an appointment available, they will notify you.
If you keep the appointment and have all your documents, medical exam etc complete and qualify, then you can be issued a visa.
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Old Jan 5th 2006, 9:01 am
  #18  
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Default Re: AOS from within or K3 from afar...tough decision for Canadian wife of American

Thanks for the info on the process. It's too bad we can't file the
I-130 and the I-129F concurrently.
 
Old Jan 5th 2006, 9:07 am
  #19  
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Default Re: AOS from within or K3 from afar...tough decision for Canadian wife of American

Originally Posted by Noorah101
Hi CB,

The K-3 is not the only option. The Immigrant Visa (CR-1) is also a great option.

Rene
My point was that the OP couldn't re-enter the US on VWP then stay and do marriage based AOS as was being addressed in the previous posts. She would only be eligible to do that if she had not left the US. Would that be correct?
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Old Jan 5th 2006, 2:11 pm
  #20  
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Default Re: AOS from within or K3 from afar...tough decision for Canadian wife of American

Originally Posted by [email protected]
Thanks for the info on the process. It's too bad we can't file the
I-130 and the I-129F concurrently.
Your husband can't file them concurrently, but all he needs is the receipt from the I-130 to include with the I-129F petition. It should only take a couple of weeks to get the I-130 receipt, so it's almost as good as filing concurrently!

Rene
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Old Jan 5th 2006, 2:12 pm
  #21  
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Default Re: AOS from within or K3 from afar...tough decision for Canadian wife of American

Originally Posted by CaliforniaBride
My point was that the OP couldn't re-enter the US on VWP then stay and do marriage based AOS as was being addressed in the previous posts. She would only be eligible to do that if she had not left the US. Would that be correct?
I hate to not answer a direct question....but....10-foot pole area!

Rene
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Old Jan 5th 2006, 2:42 pm
  #22  
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Default Re: AOS from within or K3 from afar...tough decision for Canadian wife of American

Originally Posted by CaliforniaBride
My point was that the OP couldn't re-enter the US on VWP then stay and do marriage based AOS as was being addressed in the previous posts. She would only be eligible to do that if she had not left the US. Would that be correct?
Unless she wants to be accused of fraud and could possibly face a lifetime ban, 10 foot pole!!, does it ring any bells dear surfer bride??
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Old Jan 6th 2006, 3:19 pm
  #23  
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Default Re: AOS from within or K3 from afar...tough decision for Canadian wife of American

That's exactly what I was wondering...if the OP could or could not
re-enter on VWP and do marriage based AOS....but I'm told that's not a
question for the forums but for an immigration attorney. :-)

-C.
 
Old Jan 6th 2006, 3:24 pm
  #24  
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Default Re: AOS from within or K3 from afar...tough decision for Canadian wife of American

CaliforniaBride:

That's exactly what I was wondering...if the OP could or could not
re-enter on VWP and do marriage based AOS....but I'm told that's not a
question for the forums but for an immigration attorney. :-)

-C.
 
Old Jan 6th 2006, 3:33 pm
  #25  
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Default Re: AOS from within or K3 from afar...tough decision for Canadian wife of American

Originally Posted by [email protected]
....but I'm told that's not a
question for the forums but for an immigration attorney. :-)

-C.
That's exactly right!
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Old Jan 7th 2006, 10:14 am
  #26  
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Default Re: AOS from within or K3 from afar...tough decision for Canadian wife of American

Originally Posted by Noorah101
That's exactly right!

It's a question of law or process. I don't see how it's not for discussion here. I'm not asking with any intention of doing it, I'm here on a K3 and have my AOS interview next week. I was just asking because the earlier responses assumed that it was possible. I know that it is possible to enter, marry and AOS on VWP. What I was asking was whether someone can re-enter after marriage and AOS. It would seem that avenue was not even open. Does anyone know?
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Old Jan 7th 2006, 10:15 am
  #27  
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Default Re: AOS from within or K3 from afar...tough decision for Canadian wife of American

Originally Posted by Hypertweeky
Unless she wants to be accused of fraud and could possibly face a lifetime ban, 10 foot pole!!, does it ring any bells dear surfer bride??
Hey Tweeks. How's it going?

It's the re-enter bit I was querying. Can she re-enter and AOS. I wouldn't have thought that was possible.
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Old Jan 7th 2006, 10:33 am
  #28  
 
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Default Re: AOS from within or K3 from afar...tough decision for Canadian wife of American

Originally Posted by CaliforniaBride
It's a question of law or process. I don't see how it's not for discussion here. I'm not asking with any intention of doing it, I'm here on a K3 and have my AOS interview next week. I was just asking because the earlier responses assumed that it was possible. I know that it is possible to enter, marry and AOS on VWP. What I was asking was whether someone can re-enter after marriage and AOS. It would seem that avenue was not even open. Does anyone know?
How it's not for discussion? How is it different than any other 10-foot pole question? It's the same question.
What did your lawyer tell you when you asked?
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Old Jan 7th 2006, 10:37 am
  #29  
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Default Re: AOS from within or K3 from afar...tough decision for Canadian wife of American

Originally Posted by CaliforniaBride
Hey Tweeks. How's it going?

It's the re-enter bit I was querying. Can she re-enter and AOS. I wouldn't have thought that was possible.
Whether she entered or re-entered is not the problem. The problem is in her intent at the POE, not matter how many time she enters or re-enters.

Rene
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Old Jan 7th 2006, 10:38 am
  #30  
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Default Re: AOS from within or K3 from afar...tough decision for Canadian wife of American

Originally Posted by meauxna
<sigh>
You're not going to hear what you want to hear, online.
Maybe not on “this” particular news group… any more. Wasn’t too long ago that was a completely different story.

Originally Posted by meauxna
The online response is: You can do it the legal way or the illegal way. It seems you already know what those are, so you are the only one who can answer your questions.
Wonder what the “off-line” response from the average prolific hobbyist would be? <sigh>

Didn't they just start allowing DCF in Canada? Haven't been called upon to do that yet, so I'd have to review.
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