k3 as a refugee

[kc4them 1]

as anyone succeed in getting k3 visa in canada as refugee claimant, with the open work permit issue to refugee and has been working for more than a year now, since i saw a post that montreal embassy ask for proof of legal status in canada for immigrant visa and not accept work permit issue to refugee in their requirement,does this apply to k3 visa too, since k3 says that u can only apply for the visa in country which the marriage took place. so i want to know if anyone has gone through this, for real he will be going through vancouver since he lives in calgary.

[Delicia 1]

I am confused... are you saying that you are a refugee residing in Canada and married to a USC and now want to do the K-3 to the U.S.? (Sorry, just trying to understand the question.)

[kc4them 1]

I am confused... are you saying that you are a refugee residing in Canada and married to a USC and now want to do the K-3 to the U.S.? (Sorry, just trying to understand the question.)

yeah u re right..........

[Delicia 1]

I don't have personal experience but I believe you have to have legal status (does not include work permit) in Canada in order for your K-3 to be processed within Canada. If you are still in process as a refugee claimant in Canada, you would not be able to have your K-3 processed in Canada, you would have to have it processed in a country where you are a citizen or permanent resident.

Others can chime in if I am incorrect...

Edited October 26, 2007 by Delicia

[kc4them 1]

I don't have personal experience but I believe you have to have legal status (does not include work permit) in Canada in order for your K-3 to be processed within Canada. If you are still in process as a refugee claimant in Canada, you would not be able to have your K-3 processed in Canada, you would have to have it processed in a country where you are a citizen or permanent resident.

Others can chime in if I am incorrect...

since i applied for my permanent residence in canada already on humanitarian and compassionate after the refugee case was denied and is still in procesing, bcos that is the only option when refugee case is been denied, and working legally and paying tax, so i believe it could work, i guess uscis will foward the case to the country where u married i guess that is what uscis says.

[trailmix 77]

since i applied for my permanent residence in canada already on humanitarian and compassionate after the refugee case was denied and is still in procesing, bcos that is the only option when refugee case is been denied, and working legally and paying tax, so i believe it could work, i guess uscis will foward the case to the country where u married i guess that is what uscis says.

In order for you to interview in Canada you must have legal status that will allow you to stay at least 6 months. If you are unsure you can email the Montreal Consulate if that is where your interview would be taking place if allowed, or Vancouver if that is where you would be interviewing. Either way, I would recommend that you are very clear with them as to what your status is in Canada and if you aren't happy with the answer, email them again.

Montreal: Montreal-IV-DV@state.gov

Vancouver: vancouverK@state.gov

Edited October 26, 2007 by trailmix

[kc4them 1]

since i applied for my permanent residence in canada already on humanitarian and compassionate after the refugee case was denied and is still in procesing, bcos that is the only option when refugee case is been denied, and working legally and paying tax, so i believe it could work, i guess uscis will foward the case to the country where u married i guess that is what uscis says.

In order for you to interview in Canada you must have legal status that will allow you to stay at least 6 months. If you are unsure you can email the Montreal Consulate if that is where your interview would be taking place if allowed, or Vancouver if that is where you would be interviewing. Either way, I would recommend that you are very clear with them as to what your status is in Canada and if you aren't happy with the answer, email them again.

Montreal: Montreal-IV-DV@state.gov

Vancouver: vancouverK@state.gov

i have a work permit that valid for next 2 years

[trailmix 77]

i have a work permit that valid for next 2 years

But what is your status - immigration wise? That's probably the more important thing, as you are not yet a PR you must have some type of status. I don't know if they will consider a work permit as proof of being able to stay in Canada at least 6 months.

Anyway, my recommendation is that you contact either Montreal or Vancouver and find out for sure.

Good luck!

[jeje 0]

since i applied for my permanent residence in canada already on humanitarian and compassionate after the refugee case was denied and is still in procesing, bcos that is the only option when refugee case is been denied, and working legally and paying tax, so i believe it could work, i guess uscis will foward the case to the country where u married i guess that is what uscis says.

In order for you to interview in Canada you must have legal status that will allow you to stay at least 6 months. If you are unsure you can email the Montreal Consulate if that is where your interview would be taking place if allowed, or Vancouver if that is where you would be interviewing. Either way, I would recommend that you are very clear with them as to what your status is in Canada and if you aren't happy with the answer, email them again.

Montreal: Montreal-IV-DV@state.gov

Vancouver: vancouverK@state.gov

i have a work permit that valid for next 2 years

i guess it should work out,since a refugee claimant in canada can marry a canadian PR or citizen, and get thier PR, the same thing in US too refugee claimant can marry USC and get his/her paper, the only one i know was that a refugee claimant in US marry a candian citizen and she immigrate to canada, so i think it should work, once u have immigration paper that allow u to stay and work in that country, and u re not subjected to deportation i think u should be fine, i dont think k3 will go to ur country of nationality since that is not where u got marry,u can only apply for k3 where u got, except if u marry in US then u have to go to ur home country.

[misa 2]

There is a loophole with K3s though. According to the LIFE act, K3s interview in the country where they were married. If you were married in Canada, you can interview in Canada. Were you married in Canada?

http://travel.state.gov/visa/immigrants/ty...types_1315.html

Nonimmigrant visa for spouse (K-3) - It is important to note that application for the nonimmigrant visa for spouse (K-3) who married a U.S. citizen must be filed and the visa must be issued in the country where the marriage took place.

Now, if you married in the U.S. it would go to your country of residence/home country.

Edited October 26, 2007 by misa

[jeje 0]

There is a loophole with K3s though. According to the LIFE act, K3s interview in the country where they were married. If you were married in Canada, you can interview in Canada. Were you married in Canada?

http://travel.state.gov/visa/immigrants/ty...types_1315.html

Nonimmigrant visa for spouse (K-3) - It is important to note that application for the nonimmigrant visa for spouse (K-3) who married a U.S. citizen must be filed and the visa must be issued in the country where the marriage took place.

Now, if you married in the U.S. it would go to your country of residence/home country.

yeah i married in calgary, alberta.

[misa 2]

You're fine then. Vancouver is a good consualte to deal with!

[trailmix 77]

yeah i married in calgary, alberta.

As always, Misa comes through with great advice.

Good choice on a place to get married btw

[Chica Yeyé 41]

Legal status in Canada (for our purposes) is not exclusive to citizens and landed immigrants. I had a work permit and Bren a study permit, and that was more than enough. I would asume (not sure though) that same applies to refugees, but double check with Vancouver

Good luck, L.

[jeje 0]

Legal status in Canada (for our purposes) is not exclusive to citizens and landed immigrants. I had a work permit and Bren a study permit, and that was more than enough. I would asume (not sure though) that same applies to refugees, but double check with Vancouver

Good luck, L.

did u get ur k-visa with ur work/ study permit?