sarahg2005

my boyfriend finally got ahold of someone from the USCIS, and this is what she said (regarding a K1 visa):

- i would not be restricted travel to or from the united
states during the application process and that since i am canadian
i would just need to show my passport/ID.
- there should be no problem getting through customs
- we wouldn't need a lawyer at all.
- they are currently processing at about 6-8 weeks

what do you all think of this?
i can't believe it... especially the first point

sphyrapicus

It might serve you well to read some of attorney Folinsky's posts where he repeatedly points out that Federal employees (or contractors in this case) cannot be held legally responsible for the misinformation they provide. As such, it would behoove you to retain counsel if you have any doubts.

A quick read of BE will reveal that the first statement attributed to USCIS is not necessarily correct.

No one can guarantee that there will be "no problem getting through customs".

You wanna buy some Vermont oceanfront from me? I can get you a good deal (and I'm sure I could get a contract employee at USCIS to vouch that Vermont is on the ocean).

Noorah101

Hi Sarah,

No, you're not restricted from traveling Canada to USA during the process, but just come prepared, as was discussed before, to show the POE Officer that you do NOT intend to stay in the USA. I think that was covered a lot in your other thread, what to bring as proof, etc. It's true that you have no restrictions on traveling, it's just up the POE officer whether to let you in or not.

You don't need a lawyer as long as you are organized, detail-oriented, do LOTS of research, and have no past problems that might arise such as arrests, overstays, etc.

There are many factors which decide how long the processing takes. Are you talking about 8 weeks total from filing the I-129F to getting the K-1 visa in hand? That seems very fast to me, but who knows? At what Service Center will the USC be filing the I-129F?

Rene

Folinskyinla

Hi:

One should check with reliable sources rather than USCIS.

A statement from a government official that "you don't need an attorney" is troublesome to me. You have a statutory RIGHT to an attorney [without expense to the government] and the choice is YOURS. When ever this question comes up, management has to tell their people "you can tell them that they CAN have an attorney, the choice is up to them. Do NOT say they don't 'need' an attorney."

probiotic

i was wondering what you mean by this. are there sources more reliable we should talk to instead of USCIS?

probiotic

hello all,

Sarahg, who is Canadian, is my longtime girlfriend and is going to come visit me for a few months in the United States after which we may apply for a K1 visa. We are obviously very excited about this, but also somewhat concerned about her getting through POE since she will be living/visiting me for at least a few months (and probably closer to the maximal allowable stay of 6 months). The problem is that she does not have enough money herself for such a lengthy stay. I would be supporting her while she lives/visits me (and of course she would not work here).

We are concerned about POE because at the moment she has little solid ties to prove she would return to Canada in a timely manner (no school, work, only a bank account really). We were wondering if me giving her money upfront would make it less suspicious for a POE officer, since she could at least prove she could support herself for months' duration.

I hope you can help us out. Thank you in advance.

Noorah101

Hi,

There's no way to tell. It's just a risk one has to be willing to take or not. There's not much we can do to help, except to just say be aware that she may be turned away at the POE. Or she may not. There's no way of knowing.

Best Wishes,
Rene

ian-mstm

How exactly is she going to cross the border? Does she have a car? Is she taking a bus or a train? Y'know... if she brings 6 months worth of clothes with her, that may be seen as suspicious. Also, be aware that there is a world of difference between "living" and "visiting"... so don't use them as though they were interchangeable.


Umm... I doubt it.

To restate what others have said, there is no way to know beforehand whether or not she will be allowed to enter the US. Money isn't an issue... her tie to Canada is what's important. If she can't demonstrate any, perhaps you should rethink your strategy!

Ian

bionomique

I believe the operative word is "talk". USCIS procedure and the law are good sources for most uncomplicated matters. Unfortunately, the people who man the phones at USCIS (i.e. "contract" workers as Sphyrapicus pointed out) have been known not to have the right answers. If you are willing to read, carefully, the USCIS procedure and the law upon which those procedures are based can give you sufficient background. If you wish to "talk" to someone about a more complicated issue, a competent immigration attorney would be your best bet.

jeffreyhy

prob,

Any competent, experienced, immigration attorney - who will elicit the facts of a particular situation before giving advice specific to that particular situation.

I'm willing to bet that the USCIS contract employee who you spoke with did not solicit any more information from you than was contained in your questions, and her responses are very general ones that omit a lot of qualifications that can be important.

Regards, JEff

sarahg2005

by plane. i'm not really worried about the clothes, i wasn't planning on bringing much anyway, and i'm going to be honest with them about how long i'm staying if they ask (which they usually do).


the money thing is because everyone here has told me that i'm more likely to be denied if i can't prove that i have the funds to support myself while there, so we thought that if he gave me a decent amount to put in the bank that i could show them, it would help

jcapulet

Before we were married, my husband tried to do the exact same thing you are thinking about (he's from Canada). He wanted to visit for several months and then return to Canada. However, he could not prove he had ties to return. He was denied flat out at the airport.

Funds are important, but it does not prove that she'll return to Canada. I don't think they care so much about whether she has sufficent funds as they do whether she'll return. Regardless of the intent to return, if she can't prove ties, most likely she won't get in.

Having tried the same thing in the past, I just wanted to share my thoughts on that...I hope it's helpful.

ian-mstm

Absolutely! Best thing you can do, really.


I have made hundreds of border crossings between Canada and the US, and I have never once been asked whether I had sufficient money! It really has never come up! I really don't think this will be an issue.

Ian