Buddy13

Need your help.

My boyfriend (american - now my fiancee) and I (canadian) just got engaged
this christmas. We're planning to get married in canada and then coming back
to live in the US. I would like to know when we should start applying for my
paperwork so that I can come back with him right after the wedding (weddings
in october). It seems that the I-130 form, you need to be a spouse first.
Also, can someone tell me what my options are. I've been on the net and it
just seems so confusing. When I come over, I also want to work.

Please help.

Thank you

Ladynightt

Hi! I am in a very similar situation, I am American and my boyfriend is
Canadian and he wants to immigrate to the United States. It is all very
confusing, especially to begin with, so I hope i can help just a little bit
(although I have not gone through the entire process yet myself). But you
have at least 2 options here that I know of, so I thought I would give my 2
cents:

Option 1) You can hold off the marriage plans and apply for a K-1 visa, which
would allow you to come to america as a fiancee. It is somewhat of a long
process-- the starting off point would be your boyfriend submitting a
petition using USCIS form I-129F for you to get the Visa. Then some steps in
between (Such as an interview at the American Consulate in Canada, either in
Vancouver or Montreal) that will become clearer as you go, and then when you
enter the united states your fiance and you will have 90 days to get married
in the USA, at which point you will apply for an adjustment of status (the K-
3 visa using the I-130 form). This is the route we are taking.

Option 2) Get married soon in Canada, and then apply for the K-3. Although I
do believe the starting off point for this process is also your fiance
submitting the I-129F form. And the process there is similar. I will admitt
that I do not know as much about this. But from what I understand you will
have to get married first before you start any of this process. (meaning you
can't get married after you submitt the I-129F form, while it is processing,
even though it is technically for fiance status)

But here is the best advice I can give, which has so far helped me
tremendously in understanding the process. Go to Visajourney.com and read
over all of the applicable FAQs and search around on forum. It is a resource
gallery for people all over the world, many from Canada who are applying for
the K-1 or K-3 Visa. It details the general process and has examples of the
forms you need to fill out and the way they should be filled out, and a forum
for any trouble shooting or questions that people who have been through a
similar process might be able to answer. I and many others have found it
extremely helpful.

Hope, this helps. Good luck, and congratulations on your engagement!


buddy13 wrote:
>Need your help.
>
>My boyfriend (american - now my fiancee) and I (canadian) just got engaged
>this christmas. We're planning to get married in canada and then coming back
>to live in the US. I would like to know when we should start applying for my
>paperwork so that I can come back with him right after the wedding (weddings
>in october). It seems that the I-130 form, you need to be a spouse first.
>Also, can someone tell me what my options are. I've been on the net and it
>just seems so confusing. When I come over, I also want to work.
>
>Please help.
>
>Thank you

Ladynightt

Whoops, some of this information is erronous I just for out. For example you
don't apply for the K-3 after you immigrate as a K-1, you just apply for an
adjustment of status for permenant residency. And apparently if are getting
married and applying for the K-3 you need to submit the I-130 to one place
first and the I-129f to another place when you recieve acknowledgement that
the I-130 has been recieved. Just wanted to correct myself.
Anyway, both routes have their advantages and disadvantages.
Also I haven't quite cracked the code as to how employment after landing in
the US works.. But I wouldn't count on being able to work right away. Have a
back up plan for finances.

Rete

Sorry to be the one to burst your bubble, but if you marry him in Canada there is no way you will be entering the US to start your married life for at least 8 to 12 or 18 months after the wedding.

You cannot apply for an immediate relative visa until you are married and have the marriage certificate in your hands. I know for a fact that obtaining a certified/registered marriage certificate in Canada can take as long as 3 months of obtain, therefore, you paperwork cannot be started until that time.

You get married in Canada, await the registered marriage certificate, he then applies for your I-130 at the US Service Center while he lives in the US and you live in Canada. After x number of months, the I-130 will be approved and he will be notified and sent the affidavit of support to complete and return to them for approval. Once the affidavit is approved, the Service Center will send you paperwork to be completed and you will need your police certificate, medical, etc. and you send it all back to them. They will then after receipt contact the US Consulate in Montreal who will set up an appointment for your interview. The Service Center will mail you the appointment date. After the interview if you are approved, your passport and visa will be mailed back to you and you can then enter the US.

Forget the wedding in October if you want to be together and think about the USCIS' Fiancee Visa instead which means you have to marry in the US.

Rete

You have everything arse backwards I'm afraid. Need to do a little more research on your options.

Rete

There are three options:

1. Marry in the US first and then go to Canada with advance parole and have another wedding there. Accomplish this w/the Fiancee Visa which is applied by the USC fiancee at the appropriate service center. Usually approved within three months or less. Then you get your end of the documentation together after you are sent the package from the NVC, i.e. medical, police clearance, long form birth certificate, previous marriage and divorce decrees, etc. They make an interview at either the US Consulate in Montreal and/or Vancouver. You interview, get approved, receive passport and K-1 visa in the mail, enter the US get married, get certified marriage certificate, apply for AOS via form I-1485 and apply for advance parole at the same time (I-131) other documents needed for left off for quick review. Once AP is approved, go to Canada and have other wedding. Fiancee Visa can take from 3 months to 6 months from start to finish.

2. Marry in Canada, wait in Canada, spouse files in the US form I-130, see my post above.

3. Marry in Canada, wait in Canada, spouse files in the US form I-130, gets receipt for I-130, files I-129F at the same service center for start of K-3 visa. If I-130 finishes first you go that route. If I-129F finishes first you go that route.

buddy13 via ImmigrationKB

thank you very much, i'll look at that website. Do you or anyone know how
long the process for the K1 visa takes?? We're planning on getting married
in October, if we decide to get married in the states, should we start
applying now?

Thanks again

ladynightt wrote:
>Whoops, some of this information is erronous I just for out. For example you
>don't apply for the K-3 after you immigrate as a K-1, you just apply for an
>adjustment of status for permenant residency. And apparently if are getting
>married and applying for the K-3 you need to submit the I-130 to one place
>first and the I-129f to another place when you recieve acknowledgement that
>the I-130 has been recieved. Just wanted to correct myself.
>Anyway, both routes have their advantages and disadvantages.
>Also I haven't quite cracked the code as to how employment after landing in
>the US works.. But I wouldn't count on being able to work right away. Have a
>back up plan for finances.
>
>>Hi! I am in a very similar situation, I am American and my boyfriend is
>>Canadian and he wants to immigrate to the United States. It is all very
>[quoted text clipped - 38 lines]
>>>
>>>Thank you

--
Message posted via ImmigrationKB.com
http://www.immigrationkb.com/Uwe/Forums.aspx/usa-marriage/200701/1

ladynightt via Immigratio

The K-1 can take any amount of time to get but you're looking at probably 4-8
months or so. It kinda depends on a lot of factors.. for example if you do
something wrong or they determine you need more information or evidence for
anything (totally at the discretion of the officer working on your case) then
there could be delays.I think Visajourney has some average wait time graphs
depending on where you file everything. (yeesh how much am I getting paid to
vouch for them?) but anyway, yes, if you decide to go for the K-1 you should
get started on the process pretty soon. If you aren't getting married until
october than you might want to wait a bit because there are expiration dates
on everything... like I think you have 4 months after you get the visa to go
to the united states and then you only have 3 months to get married, have
your honeymoon and start on status adjustment paperwork. (don't quote me on
any of this) I'll agree that its all very iffy.. it depends on where you file
and how busy they are at the time and if you did everything correctly or not.
So if you were planning on having a huge wedding with an unchangable date,
this might not be the way to go.
Also, you MIGHT want to consider hiring an immigration attorney-- at least
look into it. Although in most cases it is completely unnecessary and there
are also lots of horror stories about immigration lawyers.

buddy13 wrote:
>thank you very much, i'll look at that website. Do you or anyone know how
>long the process for the K1 visa takes?? We're planning on getting married
>in October, if we decide to get married in the states, should we start
>applying now?
>
>Thanks again
>
>>Whoops, some of this information is erronous I just for out. For example you
>>don't apply for the K-3 after you immigrate as a K-1, you just apply for an
>[quoted text clipped - 12 lines]
>>>>
>>>>Thank you

--
Message posted via http://www.immigrationkb.com

David L. Beem

"ladynightt",
> The K-1 can take any amount of time to get but you're looking at probably
> 4-8
> months or so. It kinda depends on a lot of factors.. for example if you do
> something wrong or they determine you need more information or evidence
> for
> anything (totally at the discretion of the officer working on your case)
> then
> there could be delays.I think Visajourney has some average wait time
> graphs
> depending on where you file everything. (yeesh how much am I getting paid
> to
> vouch for them?) but anyway, yes, if you decide to go for the K-1 you
> should
> get started on the process pretty soon. If you aren't getting married
> until
> october than you might want to wait a bit because there are expiration
> dates
> on everything... like I think you have 4 months after you get the visa to
> go
> to the united states and then you only have 3 months to get married, have
> your honeymoon and start on status adjustment paperwork. (don't quote me
> on
> any of this) I'll agree that its all very iffy.. it depends on where you
> file
> and how busy they are at the time and if you did everything correctly or
> not.
> So if you were planning on having a huge wedding with an unchangable date,
> this might not be the way to go.
Another thing is that the K-1 should only allow for one entry (until
marriage in the U.S. & AOS). My gut feeling is to file for the K-1 now,
because the timeline will probably come out to October (but the OP *should
not* get married in Canada before the K-1 interview, or it will nullify the
petition). Since the interview is done before entry (and the 90 day clock
doesn't start until entry) there is some areas that can be stretched out for
time.
David
[email protected]

dakota44

Just a question....since Canadians do not require a visa to enter the U.S. they are here in a legal status when they visit. My understanding is, as long as you are in the country in a legal status, get married while there, you can file the AOS in country. That would seem to imply that, if she came over on a visit, stayed and got married perhaps a few months later, they could apply for AOS within the U.S.

Could be wrong, but would like to know what anyone else thinks on that.

The reason I suggest a few month delay in the marriage is to avoid the appearance of intent to marry when she crossed.

Rete

Yes, people who marry here can adjust status if they entered with a tourist visa, under the VWP, etc. However, if their intent at the time of entry is the sole purpose of marriage and to remain to adjust status, if discovered and it is not that hard to discover, can be denied adjustment and deported and banned from the US. If you are not willing to take that risk, do you wish to advise others to do so?

Rete

You are a newbie to the forums. I suggest sincerely that you read any and all posts on the "ten-foot pole" and particularly those by Matt Udall and Mr. Folinskyinla, both of whom are practicing immigration attorneys.

dakota44

It was not my intent to advise...which is why I asked for another opinion. I posed it as a question...and now I have an answer that explains it. Thank you

dakota44

I will do that...and again..I asked a question..not trying to give advice. It has been answered and I appreciate it. The "in the U.S. in a legal status" position brought the question to mind. Now I know the answer

dakota44

Not to mention that I am concerned about the "intent to marry" issue for me and my wife. Although she did not enter with that intent. Neither of has that intent It just happened. We had known each other for two years, and hr daughters had both been in the U.S. attending High School, more than a year for one and 9 months for the other. That was the only reason she went to the U.S., to be with them until the school year was finished and then return to Peru. The change was my idea. I'm just hoping for no mis-perception on the part of USCIS..since she was in the U.S. for 3 months before I asked her to marry me.