Laura

At least until we're further into the process.
It's a bit complicated and haven't seen it here yet. BF (US) and I (Cdn)
have been seeing each other for almost 2 years. Luckily, we're close enough
that we see each other every weekend. Because I don't own a car he drives
up here and back every Friday night and again Sunday night.
Where we cross is fairly friendly and what we hear most, from customs is
'you two aren't married yet?'
We''ll be marrying within the month and will begin filing (have all forms
etc downloaded).
Due to the WNY economy, (and my salary here) I'll be keeping my job (at
least for 6 months trial - to see how bad commute is) once I'm able to move
there. I'm hoping (because of this) that they still won't hassle me on
weekend visits.
When in the I130/K3 process can I file for 'advanced parole'? Is this
processed quicker than the K3? Does it cover my situation at all?
Would love to hear from anyone in simliar situation or anyone that knows
answers? Also is Canada fairly quick? Does Toronto do interviews.
Thanks very much
Laura

Rete

You are taking the long way around things here. First off Toronto does NOT do any interviewing for Fiancee and/or Spousal visas. They will process H-1B visa but not the type you require. As for the visits, once they know you have married and don't have a proper INS immigration visa, they might well deny you entry into the US until yourI-130 is finished or the K-3, whichever gets done first.

Timeline for the I-130 is roughly 6 to 12 months and the K-3 around 5 - 8 months.

Good Luck

Rete

Rete

Upon reading your post again, I realize you have many issues confused. There are two things here:

1. I-130 -- this is an immediate relative visa. Either it is applied for by the US spouse when the foreign spouse is in the US.

Foreign Spouse Inside the US:

In this scenario, the foreign spouse files the I-485 at the same time and place and along with that applies for advance parole. A/P might take up to 90 days to be issued. Until it is in hand, the foreign spouse cannot leave the country without deeming the I-130 and I-485 abandoned.

Foreign Spouse Outside the US:

The other scenario is the USC spouse files the I-130 file the foreign spouse is outside of the US. In that case, the foreign spouse might well incur denied entry into the US because of immigrant intent. Granted the Canadian border agents deal with this differently then the entry at POEs by persons from other countries. They tend to be more linent and allow the foreign spouse from Canada through for a visit. However, you must bear in mind that they do not have to allow you in and in all probability they might not. You cannot file for I-485 and for advance parole in this scenario. You are not entitled to advance parole without the I-485 being filed. The foreign spouse must do all the interviewing and paperwork for the completion of the I-130 from their own country and in this case you being Canadian it acculminates with your interview at the US Consulate in Montreal.

2. K-3

Foreign Spouse Inside the US: Not applicable

Foreign Spouse Outside the US:

After the first NOA is recieved by the USC spouse, they then file the I-129F for the K-3. After filing in Chicago, it goes to Missouri. From Missouri it goes to the National Visa Center where the package is sent to the US spouse for the completion of the affidavit of support and the foreign spouse receives their package for completion, i.e. police clearance, medical, etc. The US Consulate in Montreal (since you live near Toronto it would be Montreal and not Vancouver) may or may not require you to attend an interview for the completion of the K-3.

Again, Good Luck

Rete

Girard Bourque

Okay here is what I know from experience. I live in WNY and one of the guys
that I work with has a Canadian girlfriend. He visits her almost daily.
Lately he told me that he is starting to receive a hard time when he crosses
over into Canada. They always let him through but he does have the
problems. There is another couple that I know where he is Canadian. He is
always here, my guess is that because he has a house in Canada they do not
treat him as living here, and the only time they turned him away was when he
tried to bring over a car load of house hold goods. Once he dropped the
goods off at his place they allowed him back in.

No the advance parole question is new to me for a K-3. When a finiancee
enters the US on a K-1 that is a 1 time use visa. Once married they apply
for an adjustment and until that adjustment comes through they can not leave
the US and get back in. This is where the advance parole comes in. The K-3
is a multi-entry visa and does not require an advance parole.

Now the question about crossing the border after you are married and prior
to being approved, that might be a hit or miss depending on the person
asking the questions. I was coming across the border one night and I had my
NY drivers licence, military ID, SSN card and they gave me a hard time
because I did not have my passport. I was not a happy camper. 5 years I
have been here and that was the first time I ever had a problem and it was
with my country's INS. Sometimes you just need to shake your head and
wonder.

The 130 will go at a fairly quick pace because Vermont is on top of the
game. The hold up will be the national visa center. My firends
appilication was there for about 11 months or so. The hold up for the K-3
will be Missouri.

Hope this helps.

Girard Bourque

Timeline for the I-130 is roughly 6 to 12 months and the K-3 around 5
- 8 months.

Rete

I would agree with the K-3 timeline, but the 130 is way under. The 6-12 is
just for the iNS part and does not include the National Visa Center or the
cosulate time. The consulate time will be about 4 months by itself.

Jerry

Laura

Thanks very much Rete and Girard for all your help.

You mentioned that there's a possibility of not needing to attend Montreal
in person?? Is this common?
Once again,... thanks....

Rete

The K-3 is fairly new. There have been several Canadian posters who live in the Vancouver area and they did not have to attend an interview for the K-3 from the US Consulate in Vancouver. Quite honestly I don't recall anyone who used Montreal so can't say what their procedure is. An interview is at the call of the US Consulate.

Rete

Phil Longstaff

Rete <[email protected]> wrote in message
news:<[email protected]>...
    > Originally posted by Laura:
    > > Thanks very much Rete and Girard for all your help.
    > >
    > > You mentioned that there's a possibility of not needing to attend
    > > Montreal
    > > in person?? Is this common?
    > > Once again,... thanks....
    > >
    > The K-3 is fairly new. There have been several Canadian posters who
    > live in the Vancouver area and they did not have to attend an interview
    > for the K-3 from the US Consulate in Vancouver. Quite honestly I don't
    > recall anyone who used Montreal so can't say what their procedure is.
    > An interview is at the call of the US Consulate.

After my wife had submitted an I-129F for a K3 visa for me, I e-mailed
the Montreal consulate asking if I could open a provisional file.
They responded "no" but then said that they process K3's by e-mail, so
you may not need to go to Montreal.

Phil

Laura

Phil,... are you currently going through process? I am so stuck on the
whole idea of possibly (or almost certainly) being turned back at the
border, I'm almost ready to give up and just keep up with visiting every
week, although its starting to wear a little thin. Do you have any
experience with this? Are you up here and wife in US? Or were you?
Thanks ... Laura

Phil Longstaff wrote in message
<[email protected]>. ..
    >Rete <[email protected]> wrote in message
news:<[email protected]>...
    >> Originally posted by Laura:
    >After my wife had submitted an I-129F for a K3 visa for me, I e-mailed
    >the Montreal consulate asking if I could open a provisional file.
    >They responded "no" but then said that they process K3's by e-mail, so
    >you may not need to go to Montreal.
    >Phil