FaK

Hello,

I am a Naturalized Canadian Citizen and my wife is a Naturalized US Citizen. We got married in USA when I was visiting her in 2002 (and we were both permanent residents of our respective countries) and then I cam back to resume my life in Canada. Now we would like to live together in USA and have a few questions:

1- Will the fact that I got married in USA (and came back to Canada) create any problems for us?
2- For the interview, since we are temporarily living in different countries what proof would be appropriate to prove that our marriage is that of love and not convenience?
3- Because my wife is not working if her dad is a co-sponsor for the affidavit of support will that route be ok or should my wife get a job first?
4- What would be the timeline till I get the visa to enter USA? Or should we file for the K (Fiancé Visa) so that I could be with my wife during the process?

All answers, tips, suggestions and advise will be appreciated.

Thanks,
Fak

Just Jenney

It might, or it might not. I guess it depends on the reasons WHY you chose to marry and then live in separate countries. There might be extremely valid reasons why you chose that path, but you haven't given any details about it here, so it's hard to say. It's possible USCIS might wonder why a married couple would choose to live apart for so long, and might doubt the genuineness of your marriage. But then again, maybe they wouldn't.

First, going back to what I said above, you would need to clearly explain and justify your reasons for choosing to live in separate countries after marriage. Obviously that is not what most people want or plan to do, unless they have very good reasons to. For example, some people have custody of minor children from a previous relationship and are not permitted to take them out of the country; other people have a sick parent to care for, etc. So that's one area that you'll want to clarify, perhaps in a notarized statement from each of you.

Second, you would want to include proof that you have maintained regular contact since you married. Photos of both of you together (dated, if possible), copies of cards/letters you've sent each other, copies of phone bills and emails, etc. If you have cards/letters sent between you and your relatives (ie, "Happy Birthday, Son-in-Law" card from her parents to you, etc.) that shows your families are involved in your lives, etc. Boarding passes for plane rides, hotel receipts, proof that you've visited each other, etc.

This is really a personal preference and depends on a lot of factors. In my opinion, if she is able to get a job and earn the minimum income requirement herself, I think that preferential. Sometimes involving a third party just complicates matters. You have to make sure they filled out all the forms correctly, included all the necessary documentation, etc. Plus, what if he changes his mind? Also, since you might not be able to work for some time once you emigrate, what will you live on? That's something to definitely keep in mind.

That said, there may be reasons why your wife is not working, or perhaps she cannot work and/or earn enough to meet the minimum. So really this is a decision only you two can make.

I'm not sure about the timeline involved for a K3 spousal visa, but I DO know that you can't file for a K1 fiance visa because, well, you're already married. So, the K1 fiance visa is out.

~ Jenney

Folinskyinla

Hi:

This is a GENERAL answer and may not be applicable to your case. I may be a lawyer but I'm not YOUR lawyer. "Your mileage may vary."

1. Usually not.
2. You say so. Actually, newlyweds won't have much in the way of evidence. The 2 year "condition" gives the government a "second look".
3. Up to you. If Dad is willing to be co-sponsor, so be it. The advisability of this is actually dependant upon non-immigration reason. A marriage may not be forever, but an I-864 affidavit of support may very well be.
4. You are already married, so the K-1 "fiance" visa is out. The timeline consists of the I-130, initial processing at "NVC" and then final interview in Montreal. The two points in time determining how long is your initial filing date and the final visa issuance date. Once you have those two dates, the length of time is easy to compute. Before then, any statement of time is speculation. There is also the additional option of the additional "K-3" petition which may, or may not, speed up actual admission to the US.


Good luck.

FaK

Well primarily our reasons for living away were :
1- Wife was a LPR at the time and sponsoring her would have meant loss of her US LPR status (she did not want that as most of her family and friends live in USA).
2- Wife was going thru college and wanted to complete her education. She just graduated about 4 months back and became a US Citizen last month.
3- I had attempted to visit usa but since I was a PR (and canadian prs have to apply for a visa to visit usa) my visa was refused because since my parents and brother (my parents and brother are also LPR's but in a different state, I had to include this information on the form) and wife lived in usa this to the visa issuing officer increased my probablity of not returning from usa. I did not visit usa after this happened however my wife did as US LPR's do not need to apply for a visa. (The stamp of visa refusal is not on my Canadian Passport but on the other one as im a dual citizen).

We have kept in touch by her visiting me and living with me during this time and then going back to US to complete her education and also maintaining her us pr status as she could not stay out of us for more then 6 months. We have pictures, phone bills, greeting cards and wedding invitation cards to proove this. It was a difficult period but has almost ended hopefully this would be proof enough for our reason to live apart?

Thanks,
Fak