Help! I'm not sure what to do!!!

[Dylan'sWife 2]

This is worse than I thought. I don't know where I heard that there is a form that he can fill out while I stay here with my husband. Maybe it was wishful thinking.

If it was that easy, it's something we would all be doing.

Again, if you leave the US to visit family you must either go the K3 or CR-1 route and maintain legal residency outside the US while the case is pending.

If you stay in the US until you receive an AOS interview be prepared to prove that when you first entered 5 months ago, you had no intention of staying. If they think that you did, you will be denied and banned from the US.

[memoria 0]

Ok, so I should leave before I overstay my welcome. Have my husband apply for a K3 or CR-1 while I'm gone. Then I'd be allowed to come back legally. Ok, now I just have to see how long I have to be apart from him and then I can make a quick decision.

I keep hearing about people who stayed the 6 months, then got married and all lived happily ever after. This must be an urban legend. What about this? http://www.visajourney.com/forums/index.ph...page=i130guide2

basically I have to prove that my 5 months were not intended to stay or get married. That's where this problem lies?

When I apply for the K3 or CR-1 can I just come and visit (no I'll have extended my 6 months right?) so I just have to wait it out.

Thanks for your help, its really appreciated.

[Lance27 19]

This is worse than I thought. I don't know where I heard that there is a form that he can fill out while I stay here with my husband. Maybe it was wishful thinking.

If it was that easy, it's something we would all be doing.

Again, if you leave the US to visit family you must either go the K3 or CR-1 route and maintain legal residency outside the US while the case is pending.

If you stay in the US until you receive an AOS interview be prepared to prove that when you first entered 5 months ago, you had no intention of staying. If they think that you did, you will be denied and banned from the US.

I entered the US as a Canadian Citizen and married my wife and was unaware that there was a visa for getting married. We did have intent to eventually settle in the US and decided to persue the K3/CR1 route. It gave me peace of mind since I knew I was doing things the right way and did not want to take any chances being banned or having to get a waiver. The only problem was being apart through the process but compared to a lot of other people we Canadians are extremly lucky since most of us can visit each other numerous times while awaiting for the visa.

[memoria 0]

This is worse than I thought. I don't know where I heard that there is a form that he can fill out while I stay here with my husband. Maybe it was wishful thinking.

If it was that easy, it's something we would all be doing.

Again, if you leave the US to visit family you must either go the K3 or CR-1 route and maintain legal residency outside the US while the case is pending.

If you stay in the US until you receive an AOS interview be prepared to prove that when you first entered 5 months ago, you had no intention of staying. If they think that you did, you will be denied and banned from the US.

I entered the US as a Canadian Citizen and married my wife and was unaware that there was a visa for getting married. We did have intent to eventually settle in the US and decided to persue the K3/CR1 route. It gave me peace of mind since I knew I was doing things the right way and did not want to take any chances being banned or having to get a waiver. The only problem was being apart through the process but compared to a lot of other people we Canadians are extremly lucky since most of us can visit each other numerous times while awaiting for the visa.

Lance, that seems to be my best option, may I ask how long you and your spouse were apart?

[Dylan'sWife 2]

Ok, so I should leave before I overstay my welcome. Have my husband apply for a K3 or CR-1 while I'm gone. Then I'd be allowed to come back legally. Ok, now I just have to see how long I have to be apart from him and then I can make a quick decision.

I keep hearing about people who stayed the 6 months, then got married and all lived happily ever after. This must be an urban legend. What about this? http://www.visajourney.com/forums/index.ph...page=i130guide2

basically I have to prove that my 5 months were not intended to stay or get married. That's where this problem lies?

When I apply for the K3 or CR-1 can I just come and visit (no I'll have extended my 6 months right?) so I just have to wait it out.

Thanks for your help, its really appreciated.

That link pretty much sums it up.

When you entered the US- Did you already give up your job? Your apartment? Say your good byes to family and friends? More importantly, did you plan to get married and stay? Sadly, sometimes there is a great misconception about the law and some people think that it's perfectly fine to do. It's a very financially and emotionally costly mistake.

Again, if you go the CR-1 or K3 route, there is no guarantee that you will be allowed back in to visit. I have been incredibly lucky and was successful every time while others have not been so lucky. A fellow member told me told his wife was required to sign a form saying that she would not visit the US until she had visa in her hand.

The bottom line is this, of course its painful to be without our spouses while caught in a slow moving process but that's the nature of the beast.

[Lance27 19]

Lance, that seems to be my best option, may I ask how long you and your spouse were apart?

Nine and a half months from filing to interview for the K3. But the US consulate in Montreal was really backlogged then. Check the Montreal timeline to interview thread to see how long it will take from the Packet3 getting to the consulate to the time you have your interview.

http://www.visajourney.com/forums/index.ph...c=39547&hl=

Edited January 6, 2008 by Lance27

[memoria 0]

Lance, that seems to be my best option, may I ask how long you and your spouse were apart?

Nine and a half months from filing to interview for the K3. But the US consulate in Montreal was really backlogged then. Check the Montreal timeline to interview thread to see how long it will take from the Packet3 getting to the consulate to the time you have your interview.

http://www.visajourney.com/forums/index.ph...c=39547&hl=

Lance... did you get to visit your spouse during those 9.5 months?

[Dylan'sWife 2]

Lance, that seems to be my best option, may I ask how long you and your spouse were apart?

Nine and a half months from filing to interview for the K3. But the US consulate in Montreal was really backlogged then. Check the Montreal timeline to interview thread to see how long it will take from the Packet3 getting to the consulate to the time you have your interview.

http://www.visajourney.com/forums/index.ph...c=39547&hl=

At the rate things are going now, I would guess from start to finish the process is taking about a year.

Aprox times from what I have seen are.

About 6 months for an NOA-1 to approval

1 month for it to reach the NVC

1 month to 2months to clear the NVC

3 to 6 months for an interview in Montreal

[Flames9_RN 358]

One can visit during the visa process, but one can also be denied!! Read my last post. best of luck

[trailmix 77]

basically I have to prove that my 5 months were not intended to stay or get married. That's where this problem lies?

You hit the nail on the head there, in terms of just staying in the U.S. and adjusting status or returning to Canada and applying for the K3 or CR1.

It is all about 'intent'. If you just happened to be in the U.S., met your, now, Husband and decided to just get married - no intent to stay when you entered - so adjustment of status is fine (it won't be fine if you pop up for a visit and then return - the intent thing again).

However if you decided you would get married and live in the States and you then went there - that is intent to stay - this is what will be a problem if you decide to try to adjust status.

We are currently filing the IR1 (equivalent of a CR1). We filed in March of 2007, my Husband's interview in Montreal is the middle of February - so 11 months.

While Montreal seems to have picked up a bit in terms of the time between completion at the National Visa Center and getting an actual interview, the timeline between filing your I-130 and having that approved has grown. There was a fee increase in August and many people filed at that point. You should plan on a timeline of about a year.

Edited January 6, 2008 by trailmix

[Flames9_RN 358]

Many on VJ "dislike" people that come into the USA and then simply AOS!! It happens!! Some people do come into the USA with no intention of staying and end up staying (AOS'ing) and that is fine and perfectly legal!! I was in the USA and we had no clue on how I was going to come to the USA. We arranged to see an immigration attorney in the DC area and she said i was fien to stay in the USA and AOS. I couldnt at the time because I had to return to the work back in Canada. My point is simply if you had no intention of staying in the USA, don't just pick up ur bags and leave!! Maybe contact some immigration attorneys in ur area, lot offer free or little charge consults. But if u must return to Canada now for personal reasons, then the K3, or cr-1 awaits you. Best of luck

[Dylan'sWife 2]

Many on VJ "dislike" people that come into the USA and then simply AOS!! It happens!! Some people do come into the USA with no intention of staying and end up staying (AOS'ing) and that is fine and perfectly legal!! I was in the USA and we had no clue on how I was going to come to the USA. We arranged to see an immigration attorney in the DC area and she said i was fien to stay in the USA and AOS. I couldnt at the time because I had to return to the work back in Canada. My point is simply if you had no intention of staying in the USA, don't just pick up ur bags and leave!! Maybe contact some immigration attorneys in ur area, lot offer free or little charge consults. But if u must return to Canada now for personal reasons, then the K3, or cr-1 awaits you. Best of luck

That's necessarily true, I don't think anyones is begrudging of someone who is in the US with legal status such as an H or student visa who happens to meet someone, falls in love and gets married- then adjusts their status.

The problem is when people know full well when they enter pretending to visit what they are going to do. Before my husband and I got married, we saw a lawyer who suggested that I enter to visit, then after 60 days get married and adjust my status. Obviously, we did not go down that path because it is illegal and wrong.

As you said, you couldn't do it either because you had obligations in Canada that needed to be attended to. Most people, simply can not just visit and not return unless they already had that idea in the works.

[Flames9_RN 358]

Therer have been a few heated arguments on VJ about people visiting and Aos'ing!! Personally I dont care if people knowingly come to the USA and had that intention all along, I prefer to sleep soundly that I did it the right way. And in no way does this last post reflect the OP intentions, i'm just saying,lol Best of luck

[memoria 0]

basically I have to prove that my 5 months were not intended to stay or get married. That's where this problem lies?

You hit the nail on the head there, in terms of just staying in the U.S. and adjusting status or returning to Canada and applying for the K3 or CR1.

It is all about 'intent'. If you just happened to be in the U.S., met your, now, Husband and decided to just get married - no intent to stay when you entered - so adjustment of status is fine (it won't be fine if you pop up for a visit and then return - the intent thing again).

However if you decided you would get married and live in the States and you then went there - that is intent to stay - this is what will be a problem if you decide to try to adjust status.

We are currently filing the IR1 (equivalent of a CR1). We filed in March of 2007, my Husband's interview in Montreal is the middle of February - so 11 months.

While Montreal seems to have picked up a bit in terms of the time between completion at the National Visa Center and getting an actual interview, the timeline between filing your I-130 and having that approved has grown. There was a fee increase in August and many people filed at that point. You should plan on a timeline of about a year.

I do somehow have proof that I had no intent, just by my medical insurance, when I kept renewing it since I was staying longer then intended. I would plan on leaving then we thought I could stay another month so I would renew and so on and so on. That alone is proof that I had no intent on staying. We got married and I was/am to return to Canada. The only that is hard is the fact that we could be apart for so long. I can't imagine married couples being apart for 12 months, how does anybody even do that? How can they expect that?

[~Laura and Nick~ 5]

The only that is hard is the fact that we could be apart for so long. I can't imagine married couples being apart for 12 months, how does anybody even do that? How can they expect that?

Many people on here do it and I have the utmost respect for them. It must be so incredibly hard.

That's why Nick and I decided to go the K1 route, we want to be together for our first year or so of marriage.

Unfortunately, that is just how the system works. It really sucks.

Since you are going home in a few days and have a very limited amount of time left to visit in the states, you will have to file the K3 or CR-1 asap. He can come visit you as much as he likes though!

Edited January 6, 2008 by ~Laura and Nick~