Emmaray

My fiance is from the US and I am from Canada. Orginally he had put in
for a transfer and we had planned to live in Canada. This did not work
out and we have decided it would be best for us to live in the U.S.
However this leaves only 4 months to the wedding date.
We are getting married in the States and having the reception in
Windsor with all of our family. Our wedding date is set for September
2003 what do we do?
We have called INS, we have had consultations from immigration lawyers
both in the United States as well as Canada. Now we are just confused
we have no idea where to start or what forms to fill out. I don't plan
on moving to the US until after our honeymoon.
Looking for advice on the best and most accurate route to take for
filing forms and which forms to file.
Thank you in advance!
Emmaray

Tallon

Why don't you start with the Fiancee visa...? You might luck out and have
approvals by September..

cindyabs

The K1 visa would be fine if you want to come to the US BEFORE your marriage-the idea is that you marry within 90 days of arriving in the US. The K3 visa would be how you would come to the US once you are married and have sent off the 130. Dependent upon what SC your fiance would use is how quickly the K1 visa would be processed. Since you have to be married before you can file the 130 and subsequent K3 you are likely not looking to be able to move to the US before the end of 2003 (depending on how quickly the Consulate moves on your end). Having a September wedding could be a bit tight for the K1.

Khadija

I guess if I had to do all over again, I'd still marry in Cairo but I'd file immediately for the K3.

I agree with Cindy, a K1 for a September wedding in the US would be very tight. If the whole family is coming to Windsor for the reception, why not just marry in Canada? After the wedding and/or honeymoon, send your husband home to the States to get the paperwork rolling and you should be able to join him by the end of the year barring any unforeseen difficulties with service centers or consulates.

Patty Khadijah

Nyc/Cnda

[email protected] (emmaray) wrote in message news:...
    > My fiance is from the US and I am from Canada. Orginally he had put in
    > for a transfer and we had planned to live in Canada. This did not work
    > out and we have decided it would be best for us to live in the U.S.
    > However this leaves only 4 months to the wedding date.
    > We are getting married in the States and having the reception in
    > Windsor with all of our family. Our wedding date is set for September
    > 2003 what do we do?
    > We have called INS, we have had consultations from immigration lawyers
    > both in the United States as well as Canada. Now we are just confused
    > we have no idea where to start or what forms to fill out. I don't plan
    > on moving to the US until after our honeymoon.
    > Looking for advice on the best and most accurate route to take for
    > filing forms and which forms to file.
    > Thank you in advance!
    > Emmaray

Which service centre would you be going through? I am also Canadian
married to an American. If u are going through Vermont then I can
give you my info. as I went through there and it has been quick for
me.

Emmaray

My fiance is from Florida, he said we have to go through Texas.

[email protected] (NYC/CNDA) wrote in message news:...
    > [email protected] (emmaray) wrote in message news:...
    > > My fiance is from the US and I am from Canada. Orginally he had put in
    > > for a transfer and we had planned to live in Canada. This did not work
    > > out and we have decided it would be best for us to live in the U.S.
    > > However this leaves only 4 months to the wedding date.
    > > We are getting married in the States and having the reception in
    > > Windsor with all of our family. Our wedding date is set for September
    > > 2003 what do we do?
    > > We have called INS, we have had consultations from immigration lawyers
    > > both in the United States as well as Canada. Now we are just confused
    > > we have no idea where to start or what forms to fill out. I don't plan
    > > on moving to the US until after our honeymoon.
    > > Looking for advice on the best and most accurate route to take for
    > > filing forms and which forms to file.
    > > Thank you in advance!
    > > Emmaray
    >
    > Which service centre would you be going through? I am also Canadian
    > married to an American. If u are going through Vermont then I can
    > give you my info. as I went through there and it has been quick for
    > me.

Emmaray

Thanks! Does it speed things up at all to go through an immigration
lawyer or are we better off to apply for the K1 on our own??

[email protected] (TaLLoN) wrote in message news:...
    > Why don't you start with the Fiancee visa...? You might luck out and have
    > approvals by September..

cindyabs

It will not, as the lawyers here say, speed up the processing times the Service Centers give to use a lawyer. If you have a complicated case, ie visa overstay, divorce or custody issues then you might want to invest in specialized legal help. But if it's a straight forward case and you feel comfortable and confident in handling it then DIY IMHO.

Nyc/Cnda

oh, okay then I am not sure how long that would take. We decided to
get a legal marriage first to initiate the paperwork. Our wedding
ceremony and reception is planned for this August in Canada and then I
will move to the States. We filed the 130 on March 22 after getting
legally married in the US. We got our first NOA from Vermont on April
7. Then we filed for a K3 and got our first NOA on April 28 and the
second NOA on May 19 from Missouri service centre. Now I am just
waiting for the package from the Montreal Consulate. So it hasn't
taken too long so far. I think the key for u is to find out how long
Texas takes to send their first NOA for a 130 if u want to go the k3
route because u need that first NOA to file for a K3. Otherwise try
for the K1.

cindyabs

Here is my timeline showing how fast TSC acknowledged the 130.




__________________
Cindy
------------------------------------------------

130 sent to TSC 22 Sept
NOA receipted 27 Sept

Kristin

Hi Emmaray - I think you're going to have to do the K-3, unless you want
to change your wedding/reception plans.

I think the Texas K-1ers will note that no one is getting through Texas
quickly. And once you get approved, you still have to be processed in
Montreal or Vancouver, which takes at least six to eight weeks.
Therefore, your plans to marry in September on a K-1 are probably not
realistic. Also, if you use the K-1, you cannot leave the US once you
marry until you receive Advance Parole, which you must get from the
local BCIS office. It sounds like your local BCIS office will be in
Florida. It can take up to 90 days to get Advance Parole. If you marry
in the US, you cannot go to Windsor for a reception - unless the
reception is scheduled for months later. I'm not sure if that's what
you meant about getting married in the US and having the reception in
Windsor, but there's no way you could do it on the same day, if you do a
K-1.

If you want to keep your September date, I think you will probably have
to marry (either in the US or Canada, it doesn't matter which) and then
file the I-130 with Texas, and once you get the 1st NOA, then file the
K-3 in Missouri. This means you will be separated after your marriage
for at least a few months, but it probably will be quicker than the K-1,
since you have to use Texas. But you need to do a lot of research so
you can make up your mind. Start at the K-1 FAQ and the Doc Steen site
(which is a little out of date, but still helpful):

K-1 FAQ: http://www.txdirect.net/users/mike38/k1faq.htm

Doc Steen: http://www.mindspring.com/~docsteen/...o/visainfo.htm

Good luck! Kristin

emmaray wrote:
    > My fiance is from the US and I am from Canada. Orginally he had put in
    > for a transfer and we had planned to live in Canada. This did not work
    > out and we have decided it would be best for us to live in the U.S.
    > However this leaves only 4 months to the wedding date.
    > We are getting married in the States and having the reception in
    > Windsor with all of our family. Our wedding date is set for September
    > 2003 what do we do?
    > We have called INS, we have had consultations from immigration lawyers
    > both in the United States as well as Canada. Now we are just confused
    > we have no idea where to start or what forms to fill out. I don't plan
    > on moving to the US until after our honeymoon.
    > Looking for advice on the best and most accurate route to take for
    > filing forms and which forms to file.
    > Thank you in advance!
    > Emmaray

Emmaray

cindyabs wrote in message news:...
    > Originally posted by Nyc/Cnda
    > > oh, okay then I am not sure how long that would take. We decided to
    > > get a legal marriage first to initiate the paperwork. Our wedding
    > > ceremony and reception is planned for this August in Canada and then I
    > > will move to the States. We filed the 130 on March 22 after getting
    > > legally married in the US. We got our first NOA from Vermont on April
    > > 7. Then we filed for a K3 and got our first NOA on April 28 and the
    > > second NOA on May 19 from Missouri service centre. Now I am just
    > > waiting for the package from the Montreal Consulate. So it hasn't
    > > taken too long so far. I think the key for u is to find out how long
    > > Texas takes to send their first NOA for a 130 if u want to go the k3
    > > route because u need that first NOA to file for a K3. Otherwise try
    > > for the K1.
    >
    >
    >
    >
    > Here is my timeline showing how fast TSC acknowledged the 130.
    >
    >
    >
    >
    > __________________
    > Cindy
    > ------------------------------------------------
    >
    > 130 sent to TSC 22 Sept
    > NOA receipted 27 Sept


Cindy,
My fiance had a few questions so I'm just going to post it here for
him. Thanks for all you help!
Emmaray

If you don't mind I have a few questions concerning your experience
with the
K3. Originally our plans were to get married on Sept. 27, 2003. Let's
just
say for arguments sake that I took a short trip up to Canada in the
next week or
two and we got married in Canada. Do you think she would get her K3
approval
by Set. 27 so we could still go ahead with our honeymoon plans (cruise
out of
the country) and subsequently come back to the US. How long did it
take for
you to get your K3? We've discussed just doing that and then going
ahead with
the "formal" ceremony for the family in Sept. That way, we think? she
would be
able to come to the US immediately after the wedding? I guess bottom
line
question would be if we were to marry now, in Canada, how long do you
think it
would take to get her the K3 visa? Thanks in advance for any info you
can
provide. :-)

Nyc/Cnda

[email protected] (emmaray) wrote in message news:...
    > cindyabs wrote in message news:...
    > > Originally posted by Nyc/Cnda
    > > > oh, okay then I am not sure how long that would take. We decided to
    > > > get a legal marriage first to initiate the paperwork. Our wedding
    > > > ceremony and reception is planned for this August in Canada and then I
    > > > will move to the States. We filed the 130 on March 22 after getting
    > > > legally married in the US. We got our first NOA from Vermont on April
    > > > 7. Then we filed for a K3 and got our first NOA on April 28 and the
    > > > second NOA on May 19 from Missouri service centre. Now I am just
    > > > waiting for the package from the Montreal Consulate. So it hasn't
    > > > taken too long so far. I think the key for u is to find out how long
    > > > Texas takes to send their first NOA for a 130 if u want to go the k3
    > > > route because u need that first NOA to file for a K3. Otherwise try
    > > > for the K1.
    > >
    > >
    > >
    > >
    > > Here is my timeline showing how fast TSC acknowledged the 130.
    > >
    > >
    > >
    > >
    > > __________________
    > > Cindy
    > > ------------------------------------------------
    > >
    > > 130 sent to TSC 22 Sept
    > > NOA receipted 27 Sept
    >
    >
    > Cindy,
    > My fiance had a few questions so I'm just going to post it here for
    > him. Thanks for all you help!
    > Emmaray
    >
    > If you don't mind I have a few questions concerning your experience
    > with the
    > K3. Originally our plans were to get married on Sept. 27, 2003. Let's
    > just
    > say for arguments sake that I took a short trip up to Canada in the
    > next week or
    > two and we got married in Canada. Do you think she would get her K3
    > approval
    > by Set. 27 so we could still go ahead with our honeymoon plans (cruise
    > out of
    > the country) and subsequently come back to the US. How long did it
    > take for
    > you to get your K3? We've discussed just doing that and then going
    > ahead with
    > the "formal" ceremony for the family in Sept. That way, we think? she
    > would be
    > able to come to the US immediately after the wedding? I guess bottom
    > line
    > question would be if we were to marry now, in Canada, how long do you
    > think it
    > would take to get her the K3 visa? Thanks in advance for any info you
    > can
    > provide. :-)

Hi, thought I could help with some of these questions as well. I am
Canadian, living in Toronto and my husband is American. We did what
you are contemplating, getting married legally to file for your k3. I
think either route k1 or k3 is cutting it close to your Sept.27
wedding date but go the k3 if you have a very straightforward case.
Get a legal marriage then file the 130 then file 129F as soon as you
get your first NOA from 130. Send your 129F to Chicago. It has taken
us 2 months so far(March 22, filed 130 to May 19, received second
notice of action for 129F) and our case has just been sent to the
National Visa Centre so it may take another month to get the consulate
part done with in Montreal. Overall if u are lucky it will take 3 to
4 months to get your k3. Our actual ceremony is in August and we are
facing the possibility of having to part after the wedding and
honeymoon if I don't get my visa, but hopefully that won't happen
since our k3 is in the consulate stage now. But this is something you
have to be prepared for if you keep your date of September 27. Also
if you keep that date you can only have your wedding and reception in
Canada because your fiancee cannot come to the States and you will
have to fly out of Canada for your honeymoon. These are all things my
husband and I had to think about as well. If you have questions about
the 130 application or the 129F don't hesitate to ask me. I have done
all the filing myself, no lawyer, and my timeline has been fast so
far, but I had a ton of questions too in the beginning and I know how
it feels to go through this process from Canada.
Good luck.
Nina

cindyabs

I defer to Nina since she is in your situation. I can only speak as someone married to a UKC so not quite the same. The MSC is pretty speedy about forwarding the info to the NVC and I believe they are equally speedy about sending the info on to Canada. past that I don't know.
As for the cruise. Well I have two thoughts there. The first one was when my husband and I got married almost three years ago our original plan was for me to move to the UK. He came over for a week, we got married and then had a 3 day honeymoon in Florida. Then I went over to the UK 3 months later and we had a lovely 10 day holiday in Wales. So maybe a postponement? Also speaking as a travel agent perhaps you could change your cruise date? Usually hefy penalties don't kick in until 2 months or less before the date of the cruise. Or perhaps you purchased travel insurance? Just a thought. Good luck,