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Craig-n-Jacquie

K-3 questions

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Filed: IR-1/CR-1 Visa Country: Canada
Timeline

I am new to this site and have some questions...Please I appreciate any feedback

My finance is from the US and I am from Canada....we are thinking about getting married in September in the US....

Can I stay in the US for a few months after we get married or do I have to come back to Canada immediately? How long can I stay in the US legally??

Can we immediately apply for K-3 visa regardless if I am in Canada or the US once we married?

thanks again for the feedback and aswers

Edited by rockgurl1965

God is our strength, He is with us at all times

Craig and Jacquie H

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Filed: Citizen (apr) Country: Canada
Timeline
I am new to this site and have some questions...Please I appreciate any feedback

My finance is from the US and I am from Canada....we are thinking about getting married in September in the US....

Can I stay in the US for a few months after we get married or do I have to come back to Canada immediately? How long can I stay in the US legally??

Can we immediately apply for K-3 visa regardless if I am in Canada or the US once we married?

thanks again for the feedback and aswers

Bump.... You can stay in the US legally for 6 months, then you have to return to Canada to avoid an overstay.

K-1

I-129F sent to Vermont: 2/19/08

NOA1: 2/21/08

NOA2: 3/10/08

Packet 3 recd: 3/25/08

Packet 3 sent: 4/18/08

Appt letter recd: 6/16/08

Interview at Montreal Consulate: 7/10/08 **APPROVED!!**

K1 recd: 7/15/08

US Entry at Buffalo, New York: 11/15/08

Wedding in Philadelphia: 11/22/08

AOS

AOS/EAD/AP filed at Chicago Lockbox: 12/17/08

NOA: 12/29/08

Case transferred to CSC: 1/7/09

AOS Approval: 4/2/09

Biometrics appt: 1/16/09

EAD received: 3/12/09

AP received: 3/13/09

AOS approval notice sent: 4/2/09

GC received: 4/9/09

ROC

Sent package to VSC: 1/5/11

NOA1: 1/7/11

Biometrics: 2/14/11

Approval letter received: 8/1/11

GC received: 8/11/11

Citizenship:

N-400 sent to Dallas lockbox: 3/1/12

NOA1: 3/6/12

Biometrics: 4/9/12

Interview: 5/25/12

Oath Ceremony: 6/4/2012

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Filed: IR-1/CR-1 Visa Country: Canada
Timeline
I am new to this site and have some questions...Please I appreciate any feedback

My finance is from the US and I am from Canada....we are thinking about getting married in September in the US....

Can I stay in the US for a few months after we get married or do I have to come back to Canada immediately? How long can I stay in the US legally??

Can we immediately apply for K-3 visa regardless if I am in Canada or the US once we married?

thanks again for the feedback and aswers

Bump.... You can stay in the US legally for 6 months, then you have to return to Canada to avoid an overstay.

Thanks for that info...hoping someone else got something to offer as advice

God is our strength, He is with us at all times

Craig and Jacquie H

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Filed: Citizen (apr) Country: Canada
Timeline

The only problem I see is you convincing the officers at the boarder you have no intent to stay in the US and do AOS, especially if you declare you're getting married. If you chose to do this, make sure you are prepared with evidence that you intend to return to Canada, and make sure that evidence is fairly strong. I read a story a while back of a girl who was engaged to a US citizen, planned a wedding in the US and intended on going back to file a CR-1, but was turned away at the border and missed her own wedding because they believed she had the intent to staying. Strong evidence may be a return ticket, a mortgage or lease, utility bills, letter from an employer, perhaps you have children that you'd want to return to? Things of that nature.

Technically yes, you are allowed to stay in the US for 6 months legally. You can do this before and/or during the visa process, as long as you convince the guard to let you in the country and return to Canada for your immigration medical and then your interview.

I would also strongly consider doing the CR-1 visa instead of the K-3. It is cheaper and allows you to work almost immediately, and there is no AOS process. The downside is that it is known to take a little longer, although not much these days.

Good luck with everything!

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The only problem I see is you convincing the officers at the boarder you have no intent to stay in the US and do AOS, especially if you declare you're getting married. If you chose to do this, make sure you are prepared with evidence that you intend to return to Canada, and make sure that evidence is fairly strong. I read a story a while back of a girl who was engaged to a US citizen, planned a wedding in the US and intended on going back to file a CR-1, but was turned away at the border and missed her own wedding because they believed she had the intent to staying. Strong evidence may be a return ticket, a mortgage or lease, utility bills, letter from an employer, perhaps you have children that you'd want to return to? Things of that nature.

Technically yes, you are allowed to stay in the US for 6 months legally. You can do this before and/or during the visa process, as long as you convince the guard to let you in the country and return to Canada for your immigration medical and then your interview.

I would also strongly consider doing the CR-1 visa instead of the K-3. It is cheaper and allows you to work almost immediately, and there is no AOS process. The downside is that it is known to take a little longer, although not much these days.

Good luck with everything!

The advice and information you received here above is excellent. :thumbs: I'd recommend the CR-1 after you return as well. It's against the TOS here, as well, we never advocate lying to a border official, but I'd not say I was coming down to get married when you hit the border. It's not illegal to come down and get married, then return to Canada, but saying the border that's what you plan to do, without very strong ties to Canada will probably get you denied to come down here. Just say you're on a visit should suffice.

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