Tuts

I am really tangled up with K3 and K1. I asked the US Embassy in
Montreal but they adviced me to read a website that cannot answer my
questions. Im just a visitor in Canada (originally from Philippines)
and wishing to be with my USC fiancee. Is there somebody who can tell
me if i can file a K1 or K3 while here in Canada as a visitor?

rreynol

I'm not sure about a K1, but my wife and I are doing the K3 from Vancouver. She is S. Korean, I am American. We were married in Vancouver. According to the rules, we HAVE to go through the Vancouver consulate. You must get the visa in the country in which the marriage took place. That's the entire reason we chose Vancouver, Canada. It is the only country we could BOTH go and stay for 6 months without restriction. I can go back and forth to the US, she can't until we get her Visa. So far everything is working out....just waiting.

K3
NOA1 - November 18, 2002
NOA2 - waiting.....

Folinskyinla

Hi:

No, YOU cannot file a K-1 or a K-3. However, your US citizen fiance can file a K-1. If you get married, the USC spouse can file the I-130 followed by a K-3 petition. Note that the K-3 visa can be granted only in the country where the marriage takes place unless the marriage takes place in the US.

Tuts

rreynol wrote in message news:...
    > I'm not sure about a K1, but my wife and I are doing the K3 from
    > Vancouver. She is S. Korean, I am American. We were married in
    > Vancouver. According to the rules, we HAVE to go through the Vancouver
    > consulate. You must get the visa in the country in which the marriage
    > took place. That's the entire reason we chose Vancouver, Canada. It is
    > the only country we could BOTH go and stay for 6 months without
    > restriction. I can go back and forth to the US, she can't until we get
    > her Visa. So far everything is working out....just waiting.
    >
    > K3
    > NOA1 - Novermber 18, 2002
    > NOA2 - waiting.....

Thanks for that info. I just want to know what is the status of your
wife in Canada? Im a tourist? how about her? when did u file your I130
& I129? can u give me ur timeline if its not too much to ask?

rreynol

She came to Canada as a tourist. According to the stamp in her passport, she can stay 6 months. It looks like this can be extended easily if this starts to take too long. So far everything is working out OK, just slow.

Here is our timeline so far.

Married in Vancouver October 10, 2002
Mailed I-130 to Texas Service Center October 28, 2002
NOA1 I-130 - November 1, 2002
Received NOA1 in mail - November 7, 2002
Mailed I-129f to Chicago - November 8, 2002
NOA1 I-129f - November 18, 2002

That's it so far. I'm hoping we can get the visa by April. Keeping our finger crossed.

We also went to the US Consulate in Vancouver to ask a few questions, they were very nice. Hopefully that's a good sign.

Tuts

rreynol wrote in message news:...
    > She came to Canada as a tourist. According to the stamp in her
    > passport, she can stay 6 months. It looks like this can be extended
    > easily if this starts to take too long. So far everything is working
    > out OK, just slow.
    >
    > Here is our timeline so far.
    >
    > Married in Vancouver October 10, 2002
    > Mailed I-130 to Texas Service Center October 28, 2002
    > NOA1 I-130 - November 1, 2002
    > Received NOA1 in mail - November 7, 2002
    > Mailed I-129f to Chicago - November 8, 2002
    > NOA1 I-129f - November 18, 2002
    >
    > That's it so far. I'm hoping we can get the visa by April. Keeping our
    > finger crossed.
    >
    > We also went to the US Consulate in Vancouver to ask a few questions,
    > they were very nice. Hopefully that's a good sign.

That brings a smile for me and my fiancee to know that there is
someone who almost on the same boat as we are. From the story you've
told, your wifes visa will expire, i think, on april? I dunno the
rules for marriage in BC, but here in MOntreal you have to wait for a
month, after filing your application for marriage and an interview
after a week, before you can get married. I pressumed you filed the
application for marriage even before she arrived. Now if this is not
true in your case, can you tell me how you get married right away
there in BC.

HERE'S THE GOOD NEWS... maybe not for you now...
I called the US Consulate here in Montreal yesterday. To my surprise,
the agent told me that they can process K1 for me provided that i've
stayed in Montreal for more than 6 months and the validity of my stay
can be extended up to the next fall. im now on my 10th month here in
montreal and just ordered a form for extension from Canadian
Immigration that i will send in a couple of weeks. I can say that
things are going right now for me & my fiancee. But i'll call the US
Consulate again to make sure.
If someone reading this have the same experience or have an input on
this, pls dont hesitate. i want to make a move only when im sure of
it. Thanks

Good luck to you and all of us who wants to be together with our love
ones...

rreynol

In BC you can get married immediately. We did research on the internet to find the best place to go. Vancouver was the choice. We arrived on October 4th. Got our marriage license on the 8th. We were married on the 10th.
We met each other in London UK. Things are a little more complicated in the Uk with their residency requirements for marriage. So we looked for a place we both could go for at least 6 months and get married easily. Vancouver was it. Now if it would just stop raining.......

Mrtravel

Folinskyinla wrote:
    >
    > Hi:
    >
    > No, YOU cannot file a K-1 or a K-3. However, your US citizen fiance can
    > file a K-1.

Actually, I thought the USC filed the I-129F and the non-USC actually
applied for the visa.
Approval of the petition doesn't grant the visa.
Isn't that why the visa application fee is paid to the consulate?

Tuts

mrtravel wrote in message news:...
    > Folinskyinla wrote:
    > >
    > > Hi:
    > >
    > > No, YOU cannot file a K-1 or a K-3. However, your US citizen fiance can
    > > file a K-1.
    >
    > Actually, I thought the USC filed the I-129F and the non-USC actually
    > applied for the visa.
    > Approval of the petition doesn't grant the visa.
    > Isn't that why the visa application fee is paid to the consulate?

You are certainly right that the visa application is paid at the
consulate where the fiance of the USC will file. If you are going to
look at the I129f specifically the question #20, this is where US
Consulate the beneficiary will file the visa. there is also a comment
there that says ***it depends on the US Consulate to accept the
application or not***. Now in my case, i have called the US Consulate
in Montreal TWICE to make sure. They are very FIRM that I can apply as
long as i have a LEGAL STATUS here in Canada. My fiancee, in return,
asked the INS but didnt yeild the same answer. the INS paralegal told
her that LEGAL STATUS means RESIDENT, STUDENT or WORKING which is
contrary to what the US Consulate in MONTREAL told me. I STATED
CLEARLY TO THE AGENT AT US CONSULATE IN MONTREAL THAT I AM A
VISITOR/TOURIST AND SHE SAID THERE IS NO PROBLEM AND THEY ARE WILLING
TO ACCEPT THE CASE AS LONG AS I HAVE ENOUGH TIME TO STAY FOR THE
PROCESSING (AT LEAST 6 MONTHS). thats why im filing an extension again
for another 6 weeks. as soon as i get my extension, we will proceed
with the K1. but of course, i need to be sure before we file. as i
have read, rules and regulations varies from place to place, consulate
to consulate.
CAN SOMEBODY HELP ME CONFIRM THIS PLEASE??? Thanks again.