Questions and concerns regarding k1 visa

[johnnyv 20]

I am 24 and my girlfriend is 21. She is from Canada. We are wanting to get married and I have discovered the best route for her to marry me and move to the US is the k1 visa. We have decided she is finishing college first and then we will apply. We won't apply until mid 2014 but I like to be prepared and learn about this as much as I can beforehand.

I have been married once before. I got married when I was 21 and divorced in 2012. She was very difficult with me and we couldn't communicate. The girl from Canada is aware of this failed marriage. Will this failed marriage of my past make getting a k1 visa more difficult? I know they'll ask her questions about the marriage and she is prepared to answer them.

I have read online that the minimum requirement of income for two is roughly 15k per year. I currently make just shy of 29k per year. I would assume this isn't a problem. She won't have income once she moves to the states, but we will get her settled and find a job, naturally.

I've read many horror stories online that prompted me to make this post. Lots have been denied without review of relationship evidence. I thought the k1 process is to prove your relationship is genuine. Of course after reading these type of stories, I'm concerned about my own adventure. Does it make a huge difference in approval that she is from Canada than China for example?

I've read interview questions and I've read the process again and again. Because of my prior marriage, should I consult an attorney, or will I be fine doing this all on my own? As you can see from my post, I have lots of little worries. If you can address as many as you can, that would really help me a lot. I will chime in with more info upon request. Thank you all for your time!

I would also like to make note that we see each other about every 1.5 months for about 10-14 days. I'll be able to provide all itineraries for our application if it helps.

Edited February 11, 2013 by johnnyv

[Penny Lane 8,159]

I am 24 and my girlfriend is 21. She is from Canada. We are wanting to get married and I have discovered the best route for her to marry me and move to the US is the k1 visa. We have decided she is finishing college first and then we will apply. We won't apply until mid 2014 but I like to be prepared and learn about this as much as I can beforehand.

I have been married once before. I got married when I was 21 and divorced in 2012. She was very difficult with me and we couldn't communicate. The girl from Canada is aware of this failed marriage. Will this failed marriage of my past make getting a k1 visa more difficult? I know they'll ask her questions about the marriage and she is prepared to answer them.

No. You will need to provide proof that you are divorced and legally able to marry again. They may ask her about it, they may not. The interviews in Canada are not that strict.

I have read online that the minimum requirement of income for two is roughly 15k per year. I currently make just shy of 29k per year. I would assume this isn't a problem. She won't have income once she moves to the states, but we will get her settled and find a job, naturally.

29k a year is enough for you to be the only sponsor. Prepare to provide proof of income. This won't come until the later part of the process when she is preparing for her interview. That's when she'll be asked for your documents.

I've read many horror stories online that prompted me to make this post. Lots have been denied without review of relationship evidence. I thought the k1 process is to prove your relationship is genuine. Of course after reading these type of stories, I'm concerned about my own adventure. Does it make a huge difference in approval that she is from Canada than China for example?

It makes a bit of a difference. First, for the petition, you will have to prove you've met in person in the last two years. Include boarding passes, passport stamps, pictures, receipts, etc. For the interview at the end of the K1 process, provide proof of an ongoing relationship. Emails, phone records, etc. Canadians usually are NOT asked for this, but it's best to have just in case.

I've read interview questions and I've read the process again and again. Because of my prior marriage, should I consult an attorney, or will I be fine doing this all on my own? As you can see from my post, I have lots of little worries. If you can address as many as you can, that would really help me a lot. I will chime in with more info upon request. Thank you all for your time!

You do not need an attorney simply for a previous marriage. Plenty of people who have been married before go through this process with no problems. You can do this on your own. I promise. Read the guides, follow instructions, ask questions here if you don't understand ... but honestly, all this process is is paperwork and some legwork to get some documents together. It's nothing you can't handle.

I would also like to make note that we see each other about every 1.5 months for about 10-14 days. I'll be able to provide all itineraries for our application if it helps.

That will definitely help. You'll be just fine.

My answers in red.

[lost_at_sea 995]

Your prior marriage is no problem at all, so long as you have the divorce paperwork to include in the petition to show that you're legally allowed to get married again (a decree from the courthouse).

That's all they'll care about in that area.

As for the money - yes, that sounds fine too. Again, they'll only be interested to see that you, as the petitioner and support, can cover her costs so that she won't become a burden.

The only thing I'd advise for you is to think about when you'd like her to move, and consider getting your application petition in a good 9+ months before that. As you may have read, the entire process is rather, uh, slow... so getting some decent lead-time in on that would probably be a good idea and give you flexibility for your move.

Edited February 11, 2013 by lost_at_sea

[CAdreamer 14]

If your prior marriage is your only worry, I wouldn't bother with an attorney. My now-husband and I had both been married previously to other people. I'm from Canada; he is the USC. At the K1 interview, they didn't ask any questions about our prior marriages -- they only wanted to see the documentation that proved we were both legally divorced and free to marry each other.

With your income, again, as long as you have documentation (tax transcripts, letter from your employer, etc) to prove that you make over the level required, you should be just fine.

Well done you, for looking into the process and preparing yourselves in advance! Good luck!

[johnnyv 20]

Thank you for the responses.

I do have the divorce decree and will make sure to provide that with the petition. I also can provide tax proof regarding my income.

As for the interview, I've gathered that the interview is held in Canada, correct? Am I allowed to go with her?

[Penny Lane 8,159]

Thank you for the responses.

I do have the divorce decree and will make sure to provide that with the petition. I also can provide tax proof regarding my income.

As for the interview, I've gathered that the interview is held in Canada, correct? Am I allowed to go with her?

Where in Canada does she live? The interview will either be in Vancouver or Montreal. Those are the only two options. And yes, you are allowed to go with her.

[johnnyv 20]

Where in Canada does she live? The interview will either be in Vancouver or Montreal. Those are the only two options. And yes, you are allowed to go with her.

She lives in Cranbrook, BC. It looks to be Vancouver is where we'll have to go.

Of course now that I have this forum to help, other questions I had have escaped my mind. For those who completed this process in Canada, how was your experience? Any particular advice?

[Penny Lane 8,159]

She lives in Cranbrook, BC. It looks to be Vancouver is where we'll have to go.

Of course now that I have this forum to help, other questions I had have escaped my mind. For those who completed this process in Canada, how was your experience? Any particular advice?

That's awesome - Vancouver is MUCH faster than Montreal. Montreal can take forever to book an interview sometimes.

My experience was very, very easy. Be prepared with your documents and have REALISTIC expectations when it comes to wait times.

When you first file your petition, you'll be sending it to a Dallas, TX lockbox. From there it will go to California or Vermont to be reviewed. However, this "review" takes anywhere from 5-9 months. Sometimes shorter, sometimes longer. Since you're going through Vancouver, that review will be the longest part of the process for you.

From there, they'll send it to Vancouver and they'll take over from there. It shouldn't be very long after that.

Just be prepared for that first bit of waiting - it can get to you, and make you think there's something wrong. There usually isn't, it's just a very slow process.

[johnnyv 20]

I have read it can take a while so I'll definitely need to be prepared mentally. That's great news to hear about Vancouver and that they process faster. I feel better about this already. Thank you so much for your help so far. :-)

[Penny Lane 8,159]

I have read it can take a while so I'll definitely need to be prepared mentally. That's great news to hear about Vancouver and that they process faster. I feel better about this already. Thank you so much for your help so far. :-)

No problem!

If you haven't already, I suggest checking out our Canada subforum. Lots of helpful people there as well, and people who have more experience with the Vancouver consulate. Vancouver does things slightly differently (and more efficiently!) than Montreal.

Here:

http://www.visajourney.com/forums/forum/93-canada/

[johnnyv 20]

I'm glad you pointed out the subforum. I'll definitely do some reading about the Vancouver process.

You suggested that we should apply in advance because the process can be rather slow. Once the visa is approved, how long do we have to move her here? I assume the 90 window to marry will not begin until she enters the US the first time after the approval, correct?

[Penny Lane 8,159]

I'm glad you pointed out the subforum. I'll definitely do some reading about the Vancouver process.

You suggested that we should apply in advance because the process can be rather slow. Once the visa is approved, how long do we have to move her here? I assume the 90 window to marry will not begin until she enters the US the first time after the approval, correct?

Correct.

Once she's received her visa, she has six months to use it. It can only be used once. Once she's moved, you have 90 days to get married.

Once you're married, there's the process of Adjustment of Status (so she can work, travel, become a legal resident). It's just more paperwork (and way more money).

[johnnyv 20]

I haven't read much about the AOS process since I've been so concerned with the k1 approval. I'm glad I started looking into all of this now.

Does the AOS process take a long time to complete so she may begin work, or is it shorter? Estimate how much it costs? (I see that you've had your AOS approved so I figured I'd ask).

[Penny Lane 8,159]

I haven't read much about the AOS process since I've been so concerned with the k1 approval. I'm glad I started looking into all of this now.

Does the AOS process take a long time to complete so she may begin work, or is it shorter? Estimate how much it costs? (I see that you've had your AOS approved so I figured I'd ask).

The fee for AOS right now is $1070. Yeah, not cheap. So good to know ahead of time if you have to save up.

AOS isn't so bad, really. The good thing about filing for AOS, is you get to file for EAD (employment authorization document) and AP (advanced parole - travel document) at the same time. And their fee is waived! EAD/AP is a combo card that generally takes 2-3 months after filing to receiving. That will allow her to work and travel (if needed) while she waits for her green card (which will likely take a few more months) to arrive.

AOS is just more paperwork. A lot of the forms are similar. Just proving that you guys got married when you were supposed to, that you are still able to support her financially, etc. No big deal, other than that crazy fee.

[Harpa Timsah 13,258]

Beware of reading horror stories the wrong way. Most of the time the real truth is not told in those sorts of reports - the people in the situation are either lying or cannot see why their look suspicious (but usually lying). For someone new to immigration, it can look scary and overwhelming, but just from the facts that she is from Canada, you see each other a lot, and you are close in age, tells me that most, if not all, of the situations in the horror stories won't apply to you.