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okayma

Canadian Marrying American... Confusion!

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Filed: Country: Canada
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Hi All!

Wow, this site has already helped me out so much...but there is another thing that I am terribly confused about. Here goes:

About 3 years ago, my mother (who lives in the US with my step dad) decided to sponsor me for a green card to live in the US.

I am still waiting to hear about my interview for this. I live in Vancouver, BC and my mother lives in LA, California.

Meanwhile, my fiance (who is American and living in Chicago) and I are trying to plan our wedding for next year. But it seems I need to apply for the Fiance Visa (I-129F).

Should I go ahead and get my fiance to file the I-129F?

Will my sponsorship status for a green card for my mom be forfeit?

Will I have problems getting a K1 visa because my mom has already put the papers in to sponsor me 3 yrs ago?

Sheesh! If anyone could lend me a hand or share some knowledge with me, that would be so welcome and appreciated!!

Thank you so much in advance,

G.

Edited by okayma
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Filed: Citizen (apr) Country: Canada
Timeline

I'm certainly no expect in this, but logic would tell me that you should probably cancel your existing petition with USCIS and then go ahead and file for the K-1. Just to be certain you won't case yourself any conflicts or confusion at any point during this process. From what I hear, petitioning children over the age of 21 often takes an extremely long time, so I wouldn't be holding my breath for your green card to be approved before your wedding next year.

If you go ahead and cancel the original petition and file the I-129F, the only problem I can see arising is you may have to prove your intentions with your relationship a little more than a regular application. Maybe not... but since you have shown you have immigrant intent and reasons besides your relationship with your fiance to move to the states, this may be reason to question the validity of your relationship. This wouldn't be a difficult hurdle to overcome if your intentions are completely valid.

Good luck! Hopefully someone can offer you some personal experiences.

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I'm certainly no expect in this, but logic would tell me that you should probably cancel your existing petition with USCIS and then go ahead and file for the K-1. Just to be certain you won't case yourself any conflicts or confusion at any point during this process. From what I hear, petitioning children over the age of 21 often takes an extremely long time, so I wouldn't be holding my breath for your green card to be approved before your wedding next year.

If you go ahead and cancel the original petition and file the I-129F, the only problem I can see arising is you may have to prove your intentions with your relationship a little more than a regular application. Maybe not... but since you have shown you have immigrant intent and reasons besides your relationship with your fiance to move to the states, this may be reason to question the validity of your relationship. This wouldn't be a difficult hurdle to overcome if your intentions are completely valid.

Good luck! Hopefully someone can offer you some personal experiences.

I agree with the last statement of proving your relationship a little more thoroughly. Quite possible, USCIS may deem the K-1 application as an attempt to "get you there quicker." Or it may go completely in your favour and you'll be approved with no problems. Just be prepared for a longer wait with the I-129F, just in case.

Best of luck!

K-1 timeline

Sent I-129f Dec. 29, 2008

Received NOA Jan. 10, 2009

NOA2 email sent April 16, 2009, APPROVED

Interview in Vancouver, June 23, 2009 APPROVED!!!!!!!!!!

Wedding, September 19, 2009, South Carolina!!

AOS

Mailed package to Chicago, Oct. 22, 2009

NOA hard copies Nov. 3, 2009

RFE Nov. 17, 2009

Finally mailed back RFE December 15, 2009

Case transferred to CSC January 7th 2010girlfreuya.gif

EAD and AP Approved, cards sent January 8th, 2010!!

AOS approved February 9th 2010 smiley-happy093.gif

Welcome letter and GC received February 16th, 2010

Done with USCIS until 11/08/11

ROC

Sent 1-751 to Vermont Service Center November 18th 2011

NOA November 23, 2011

Biometrics December 23, 2011

RFE Dated Aug. 17; received Aug. 20th

mailed off RFE end of Oct.

Received Email stating card has been ordered Dec. 4

Received Email stating card should arrive within seven days; Dec 6

GLITTER.jpg

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Filed: Country: Canada
Timeline
I'm certainly no expect in this, but logic would tell me that you should probably cancel your existing petition with USCIS and then go ahead and file for the K-1. Just to be certain you won't case yourself any conflicts or confusion at any point during this process. From what I hear, petitioning children over the age of 21 often takes an extremely long time, so I wouldn't be holding my breath for your green card to be approved before your wedding next year.

If you go ahead and cancel the original petition and file the I-129F, the only problem I can see arising is you may have to prove your intentions with your relationship a little more than a regular application. Maybe not... but since you have shown you have immigrant intent and reasons besides your relationship with your fiance to move to the states, this may be reason to question the validity of your relationship. This wouldn't be a difficult hurdle to overcome if your intentions are completely valid.

Good luck! Hopefully someone can offer you some personal experiences.

Gosh! Thanks so much for your thoughts on this. I wish my fiance and I could just be us and loving each other - married - without all the red tape. Even so, this hurdle is seeming sort of high to jump. There will be a way, God willing!

I'm certainly no expect in this, but logic would tell me that you should probably cancel your existing petition with USCIS and then go ahead and file for the K-1. Just to be certain you won't case yourself any conflicts or confusion at any point during this process. From what I hear, petitioning children over the age of 21 often takes an extremely long time, so I wouldn't be holding my breath for your green card to be approved before your wedding next year.

If you go ahead and cancel the original petition and file the I-129F, the only problem I can see arising is you may have to prove your intentions with your relationship a little more than a regular application. Maybe not... but since you have shown you have immigrant intent and reasons besides your relationship with your fiance to move to the states, this may be reason to question the validity of your relationship. This wouldn't be a difficult hurdle to overcome if your intentions are completely valid.

Good luck! Hopefully someone can offer you some personal experiences.

I agree with the last statement of proving your relationship a little more thoroughly. Quite possible, USCIS may deem the K-1 application as an attempt to "get you there quicker." Or it may go completely in your favour and you'll be approved with no problems. Just be prepared for a longer wait with the I-129F, just in case.

Best of luck!

Oh thank you so much!

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