Q: Entering U.S. while awaiting K1?
Feb 19th 2003, 9:32 pm
#1
Guest
Posts: n/a
Q: Entering U.S. while awaiting K1?
Hi,
We're just beginning to look into and any help you can provide is
greatly appreciated.
Here's the situation:
My fiancee (a USC) and I (a Canadian citizen) plan on marrying in
April 03 in the US, and we would like to live in the US afterward. The
hitch is our financial situation does not allow me to be without work.
So we want to fine a way whereby i am never without employment or not
have the permission to work.
Our tentative plan:
The ideal way is for us to get marry as planned and afterward I return
to my job in Canada ;-(. While in Canada, I can look for work in the
US, and have the sponsoring process goes thru its course. This
scenario raises some questions.
The QUESTIONS:
Q1: if we were to file the I-129F now (Feb 03) and get married in Apr
03, even if the I-129F hasn't been approved, would this violate any
rule? Would this cause any problem when we file AOS?
Q2: Once the I-129 is approved, do we have to get the K1 visa right
away? Is there any time limit? (This would give me more time to find
employment in the US if i haven't found one.)
Q3: After i use the K1 visa to enter the US, can i use my Cdn passport
to enter/exit the US at will? (This would be good for visiting and/or
job interviews.)
Q4: During the whole process, when is the earliest we can apply for
EAD?
Q5: Would it be better (for what we're trying to do) to file an I130
after the marriage? I recall reading somewhere that the I130 route
takes longer than i-129.
Q6: Can you help convince my finciee that temperature in Ottawa is not
always -30C?
Thanks in advance,
Dom
We're just beginning to look into and any help you can provide is
greatly appreciated.
Here's the situation:
My fiancee (a USC) and I (a Canadian citizen) plan on marrying in
April 03 in the US, and we would like to live in the US afterward. The
hitch is our financial situation does not allow me to be without work.
So we want to fine a way whereby i am never without employment or not
have the permission to work.
Our tentative plan:
The ideal way is for us to get marry as planned and afterward I return
to my job in Canada ;-(. While in Canada, I can look for work in the
US, and have the sponsoring process goes thru its course. This
scenario raises some questions.
The QUESTIONS:
Q1: if we were to file the I-129F now (Feb 03) and get married in Apr
03, even if the I-129F hasn't been approved, would this violate any
rule? Would this cause any problem when we file AOS?
Q2: Once the I-129 is approved, do we have to get the K1 visa right
away? Is there any time limit? (This would give me more time to find
employment in the US if i haven't found one.)
Q3: After i use the K1 visa to enter the US, can i use my Cdn passport
to enter/exit the US at will? (This would be good for visiting and/or
job interviews.)
Q4: During the whole process, when is the earliest we can apply for
EAD?
Q5: Would it be better (for what we're trying to do) to file an I130
after the marriage? I recall reading somewhere that the I130 route
takes longer than i-129.
Q6: Can you help convince my finciee that temperature in Ottawa is not
always -30C?
Thanks in advance,
Dom
Feb 19th 2003, 9:58 pm
#2
Forum Regular
Joined: May 2002
Posts: 112
I am by no means an expert on all this but I will answer some of the questions. Maybe others will correct me if wrong and answer the rest...
Q1. Since the 129F is a fiance visa, I wouldnt advise getting married until after you have received the visa and have entered the USA.
Q2. Once you get the 129F approved, I believe it is valid for 4 months, which should give u enough time to have your visa interview (after sending the appropiate forms to your US consulate for your area).
Q4. Once entered the USA with K1 visa, you can apply for EAD as soon as you can after you get married. Ideally you would do this when you apply for AOS. You can apply for a 90 day EAD at the local INS office when you enter the USA, but this would be for maximum 90 days only. The EAD you file for once you are married is valid for a year. (Lets not forget you need a SSN to work in the USA.. which is can be a whole load of fun to apply for from experiences I have read)
Q6. You are on your own there, mate!
Q1. Since the 129F is a fiance visa, I wouldnt advise getting married until after you have received the visa and have entered the USA.
Q2. Once you get the 129F approved, I believe it is valid for 4 months, which should give u enough time to have your visa interview (after sending the appropiate forms to your US consulate for your area).
Q4. Once entered the USA with K1 visa, you can apply for EAD as soon as you can after you get married. Ideally you would do this when you apply for AOS. You can apply for a 90 day EAD at the local INS office when you enter the USA, but this would be for maximum 90 days only. The EAD you file for once you are married is valid for a year. (Lets not forget you need a SSN to work in the USA.. which is can be a whole load of fun to apply for from experiences I have read)
Q6. You are on your own there, mate!
Feb 19th 2003, 10:57 pm
#3
Concierge
Joined: Apr 2001
Posts: 46,392
Re: Q: Entering U.S. while awaiting K1?
Your assumptions are off base. My answers are in bold between your questions.
It appears that your fiancee has little monetary resources to support you when you migrate. No matter which avenue you take, she will have to be your financial sponsor and show that she earns 125% of the poverty guidelines (approx. $19-20,000) annually. If she can't do that, she needs to find a co-sponsor for you. Canada is much the same in terms of financial sponsorship but I understand you have done away with the Fiancee Visa.
Rete
Can/Am Alumni '98
Originally posted by Domrey
Hi,
We're just beginning to look into and any help you can provide is
greatly appreciated.
Here's the situation:
My fiancee (a USC) and I (a Canadian citizen) plan on marrying in
April 03 in the US, and we would like to live in the US afterward. The
hitch is our financial situation does not allow me to be without work.
So we want to fine a way whereby i am never without employment or not
have the permission to work.
Our tentative plan:
The ideal way is for us to get marry as planned and afterward I return
to my job in Canada ;-(. While in Canada, I can look for work in the
US, and have the sponsoring process goes thru its course. This
scenario raises some questions.
The QUESTIONS:
Q1: if we were to file the I-129F now (Feb 03) and get married in Apr
03, even if the I-129F hasn't been approved, would this violate any
rule? Would this cause any problem when we file AOS?
Yes it is violation. Filing for the I-129F for a Fiancee Visa is fine but to marry before it is issued means the process is stopped as you are no longer a Fiancee but a spouse.
Q2: Once the I-129 is approved, do we have to get the K1 visa right
away? Is there any time limit? (This would give me more time to find
employment in the US if i haven't found one.)
The approval of the I-129F is only one step, there is a second step before you are issued a Fiancee Visa (K-1) and that is the compilation of documentation required of you, the foreign fiancee, and an interview at the US Consulate in either Montreal or Vancouver. Once the K-1 is approved you have to enter the US within six months to marry and then marry within 90 days of entry. You will not have the right to work right away, although the K-1 does explicitly given the holder the right to work when they enter the US until you have enter a temporary 90 day "Work Authorization" stamp in your passport or an EAD card in your hands. You also need a social security card. Both the temporary EAD and the SS card might take 8 weeks or more to obtain.
Q3: After i use the K1 visa to enter the US, can i use my Cdn passport
to enter/exit the US at will? (This would be good for visiting and/or
job interviews.)
The K-1 visa must be activated at the border when you first enter. While Canadians have been known to freely cross the border with an activated K-1 before marriage there is no hard and fast rule that every border agent will allow it. Once you are here and marry you cannot leave the US again until you have filed for adjustment of status for a green card and applied for and have been granted advance parole. To do so means you have abandoned your petition and it is quite likely you will not be allowed back into the US.
Q4: During the whole process, when is the earliest we can apply for
EAD?
You can only apply for the one year EAD at the same time you file for your adjustment of status after marriage. INS has 90 days to give you the one year EAD. If you don't have it on the 91st day, you may go to the INS office where you filed and ask for an interim one. The temporary EAD is a hit or miss affair. Some INS offices will give it the day you walk in and ask for it and others will tell you to mail in the application. Mail-ins will take longer than the 90 days it would be valid for.
Q5: Would it be better (for what we're trying to do) to file an I130
after the marriage? I recall reading somewhere that the I130 route
takes longer than i-129.
If you marry and return to Canada, your wife can file the I-130 at the service center for her jurisdiction. After filing the I-130, she can file the I-129 at the Chicago/Missouri center for what is called a K-3 visa. The timeline for this is 5 to 9 months before issuance. You cannot be guaranteed the right to visit your wife here in the US while any petition is pending for your migration to the US as you have clearly shown immigration intent.
Q6: Can you help convince my finciee that temperature in Ottawa is not
always -30C?
That I can do as my husband is from Ottawa. I have been there for the Ice Storm of '98 and my first step off the plane was below freezing with a wind chill factor of -28. I have been there for July 1 celebration of Canada Day and the weather was hot and humid with tornadoes striking not far from Gloucester. I have also been there when the weather was perfect. I've skated on the Rideau Canal at Winterlude and been to Tulip Festivals. I love Canada but Ottawa does have its extremes in weather. But with heat and air conditioning, who cares.
Thanks in advance,
Dom
Hi,
We're just beginning to look into and any help you can provide is
greatly appreciated.
Here's the situation:
My fiancee (a USC) and I (a Canadian citizen) plan on marrying in
April 03 in the US, and we would like to live in the US afterward. The
hitch is our financial situation does not allow me to be without work.
So we want to fine a way whereby i am never without employment or not
have the permission to work.
Our tentative plan:
The ideal way is for us to get marry as planned and afterward I return
to my job in Canada ;-(. While in Canada, I can look for work in the
US, and have the sponsoring process goes thru its course. This
scenario raises some questions.
The QUESTIONS:
Q1: if we were to file the I-129F now (Feb 03) and get married in Apr
03, even if the I-129F hasn't been approved, would this violate any
rule? Would this cause any problem when we file AOS?
Yes it is violation. Filing for the I-129F for a Fiancee Visa is fine but to marry before it is issued means the process is stopped as you are no longer a Fiancee but a spouse.
Q2: Once the I-129 is approved, do we have to get the K1 visa right
away? Is there any time limit? (This would give me more time to find
employment in the US if i haven't found one.)
The approval of the I-129F is only one step, there is a second step before you are issued a Fiancee Visa (K-1) and that is the compilation of documentation required of you, the foreign fiancee, and an interview at the US Consulate in either Montreal or Vancouver. Once the K-1 is approved you have to enter the US within six months to marry and then marry within 90 days of entry. You will not have the right to work right away, although the K-1 does explicitly given the holder the right to work when they enter the US until you have enter a temporary 90 day "Work Authorization" stamp in your passport or an EAD card in your hands. You also need a social security card. Both the temporary EAD and the SS card might take 8 weeks or more to obtain.
Q3: After i use the K1 visa to enter the US, can i use my Cdn passport
to enter/exit the US at will? (This would be good for visiting and/or
job interviews.)
The K-1 visa must be activated at the border when you first enter. While Canadians have been known to freely cross the border with an activated K-1 before marriage there is no hard and fast rule that every border agent will allow it. Once you are here and marry you cannot leave the US again until you have filed for adjustment of status for a green card and applied for and have been granted advance parole. To do so means you have abandoned your petition and it is quite likely you will not be allowed back into the US.
Q4: During the whole process, when is the earliest we can apply for
EAD?
You can only apply for the one year EAD at the same time you file for your adjustment of status after marriage. INS has 90 days to give you the one year EAD. If you don't have it on the 91st day, you may go to the INS office where you filed and ask for an interim one. The temporary EAD is a hit or miss affair. Some INS offices will give it the day you walk in and ask for it and others will tell you to mail in the application. Mail-ins will take longer than the 90 days it would be valid for.
Q5: Would it be better (for what we're trying to do) to file an I130
after the marriage? I recall reading somewhere that the I130 route
takes longer than i-129.
If you marry and return to Canada, your wife can file the I-130 at the service center for her jurisdiction. After filing the I-130, she can file the I-129 at the Chicago/Missouri center for what is called a K-3 visa. The timeline for this is 5 to 9 months before issuance. You cannot be guaranteed the right to visit your wife here in the US while any petition is pending for your migration to the US as you have clearly shown immigration intent.
Q6: Can you help convince my finciee that temperature in Ottawa is not
always -30C?
That I can do as my husband is from Ottawa. I have been there for the Ice Storm of '98 and my first step off the plane was below freezing with a wind chill factor of -28. I have been there for July 1 celebration of Canada Day and the weather was hot and humid with tornadoes striking not far from Gloucester. I have also been there when the weather was perfect. I've skated on the Rideau Canal at Winterlude and been to Tulip Festivals. I love Canada but Ottawa does have its extremes in weather. But with heat and air conditioning, who cares.
Thanks in advance,
Dom
Rete
Can/Am Alumni '98
Feb 19th 2003, 11:42 pm
#4
Account Closed
Joined: Sep 2002
Posts: 16,266
Re: Q: Entering U.S. while awaiting K1?
Originally posted by Domrey
Hi,
We're just beginning to look into and any help you can provide is
greatly appreciated.
Here's the situation:
My fiancee (a USC) and I (a Canadian citizen) plan on marrying in
April 03 in the US, and we would like to live in the US afterward. The
hitch is our financial situation does not allow me to be without work.
So we want to fine a way whereby i am never without employment or not
have the permission to work.
Our tentative plan:
The ideal way is for us to get marry as planned and afterward I return
to my job in Canada ;-(. While in Canada, I can look for work in the
US, and have the sponsoring process goes thru its course. This
scenario raises some questions.
The QUESTIONS:
Q1: if we were to file the I-129F now (Feb 03) and get married in Apr
03, even if the I-129F hasn't been approved, would this violate any
rule? Would this cause any problem when we file AOS?
Q2: Once the I-129 is approved, do we have to get the K1 visa right
away? Is there any time limit? (This would give me more time to find
employment in the US if i haven't found one.)
Q3: After i use the K1 visa to enter the US, can i use my Cdn passport
to enter/exit the US at will? (This would be good for visiting and/or
job interviews.)
Q4: During the whole process, when is the earliest we can apply for
EAD?
Q5: Would it be better (for what we're trying to do) to file an I130
after the marriage? I recall reading somewhere that the I130 route
takes longer than i-129.
Q6: Can you help convince my finciee that temperature in Ottawa is not
always -30C?
Thanks in advance,
Dom
Hi,
We're just beginning to look into and any help you can provide is
greatly appreciated.
Here's the situation:
My fiancee (a USC) and I (a Canadian citizen) plan on marrying in
April 03 in the US, and we would like to live in the US afterward. The
hitch is our financial situation does not allow me to be without work.
So we want to fine a way whereby i am never without employment or not
have the permission to work.
Our tentative plan:
The ideal way is for us to get marry as planned and afterward I return
to my job in Canada ;-(. While in Canada, I can look for work in the
US, and have the sponsoring process goes thru its course. This
scenario raises some questions.
The QUESTIONS:
Q1: if we were to file the I-129F now (Feb 03) and get married in Apr
03, even if the I-129F hasn't been approved, would this violate any
rule? Would this cause any problem when we file AOS?
Q2: Once the I-129 is approved, do we have to get the K1 visa right
away? Is there any time limit? (This would give me more time to find
employment in the US if i haven't found one.)
Q3: After i use the K1 visa to enter the US, can i use my Cdn passport
to enter/exit the US at will? (This would be good for visiting and/or
job interviews.)
Q4: During the whole process, when is the earliest we can apply for
EAD?
Q5: Would it be better (for what we're trying to do) to file an I130
after the marriage? I recall reading somewhere that the I130 route
takes longer than i-129.
Q6: Can you help convince my finciee that temperature in Ottawa is not
always -30C?
Thanks in advance,
Dom
I'm an immigration lawyer and my initial response is: LOL.
I've written at length on this and don't care to do so now.
A very practical question: what type of work do you do? H-1 or NAFTA might get you in with work authorization fairly quickly -- and then you would be free to marry.
If you chose to go through with your plans, make sure to set aside a lot of dollars if and when you need a very good immigration lawyer.
Good luck.
Feb 20th 2003, 1:18 pm
#5
Just Joined
Joined: Feb 2003
Posts: 12
Re: Q: Entering U.S. while awaiting K1?
Originally posted by Folinskyinla
Hi:
I'm an immigration lawyer and my initial response is: LOL.
Hi - I've seen this response "LOL" before, in fact as a response to my question about any recent NSC approvals. What does "LOL" mean??? Please advise. Thanks. marian
I've written at length on this and don't care to do so now.
A very practical question: what type of work do you do? H-1 or NAFTA might get you in with work authorization fairly quickly -- and then you would be free to marry.
If you chose to go through with your plans, make sure to set aside a lot of dollars if and when you need a very good immigration lawyer.
Good luck.
Hi:
I'm an immigration lawyer and my initial response is: LOL.
Hi - I've seen this response "LOL" before, in fact as a response to my question about any recent NSC approvals. What does "LOL" mean??? Please advise. Thanks. marian
I've written at length on this and don't care to do so now.
A very practical question: what type of work do you do? H-1 or NAFTA might get you in with work authorization fairly quickly -- and then you would be free to marry.
If you chose to go through with your plans, make sure to set aside a lot of dollars if and when you need a very good immigration lawyer.
Good luck.
Hi -
Feb 20th 2003, 1:22 pm
#6
Concierge
Joined: Apr 2001
Posts: 46,392
Re: Q: Entering U.S. while awaiting K1?
Originally posted by marian
Hi -
Hi -
LOL is an internet abbreviation for Laughing Out Loud
For those of us who have been using the internet since the early '90s or even earlier and/or use to chatrooms, the multitude of abbreviations are used over and over again. Sometimes if you just read the sentence in its entirety, you will "discover" the meaning of the abbreviations.
Not so with the INS abbreviations used daily on the newsgroup. Those are specific to processes, places and events.
Rita
Feb 20th 2003, 4:01 pm
#7
Just around the next bend
Joined: Sep 2002
Location: Missouri
Posts: 2,276
Re: Q: Entering U.S. while awaiting K1?
Originally posted by Rete
LOL is an internet abbreviation for Laughing Out Loud
For those of us who have been using the internet since the early '90s or even earlier and/or use to chatrooms, the multitude of abbreviations are used over and over again. Sometimes if you just read the sentence in its entirety, you will "discover" the meaning of the abbreviations.
Not so with the INS abbreviations used daily on the newsgroup. Those are specific to processes, places and events.
Rita
LOL is an internet abbreviation for Laughing Out Loud
For those of us who have been using the internet since the early '90s or even earlier and/or use to chatrooms, the multitude of abbreviations are used over and over again. Sometimes if you just read the sentence in its entirety, you will "discover" the meaning of the abbreviations.
Not so with the INS abbreviations used daily on the newsgroup. Those are specific to processes, places and events.
Rita
Debbie
Feb 20th 2003, 4:46 pm
#8
Joined: Apr 2002
Posts: 35,082
Re: Q: Entering U.S. while awaiting K1?
Originally posted by dbark
ROFL Rete! I have still yet to discover what SOL means ....
Debbie
ROFL Rete! I have still yet to discover what SOL means ....
Debbie
SOL = S*it Outta Luck
Feb 20th 2003, 4:52 pm
#9
Just around the next bend
Joined: Sep 2002
Location: Missouri
Posts: 2,276
Re: Q: Entering U.S. while awaiting K1?
Originally posted by meauxna
Oh dear!
SOL = S*it Outta Luck
Oh dear!
SOL = S*it Outta Luck
Debbie
