Special circumstances

[Thewhites 0]

I was told through the military help hotline that it is possible to get a special visa to enter the US after we are married. I know that you normally can't enter while waiting on the K-3. But I was wondering, if my husband being deployed would count as a special circumstance to get a return ticket and proper visa to visit him before he has to leave for Iraq.

We are currently engaged and getting married in the summer in Canada.

If so, I was wondering where to obtain the proper applications to do so. Thanks a million!

[YuAndDan 153]

IF you are Canadian, you can enter the USA using the VWP that we share with Canada. You do not need any special visa.

This is a FAQ: 4.6)...Can my fiance(e) come to the US to visit me once the visa process is started? (Applies to all visas)

http://www.visajourney.com/faq/k1k2visa-application.html#4.6

[Catt 6]

I was told through the military help hotline that it is possible to get a special visa to enter the US after we are married. I know that you normally can't enter while waiting on the K-3. But I was wondering, if my husband being deployed would count as a special circumstance to get a return ticket and proper visa to visit him before he has to leave for Iraq.

We are currently engaged and getting married in the summer in Canada.

If so, I was wondering where to obtain the proper applications to do so. Thanks a million!

Hi,

I don't know of any special visa for family of military people (and if there were, i'd request it too). However, if you only mean for travelling to the US, people usually seem to be able to travel to the US while waiting for their K-3 visa issuance, from what we gather from the stories in here, but it's no guarantee (and subject to proof of sufficient ties to the home country, and I guess also depending on the POE immigration officer's mood of the day). Maybe it only works for folks travelling under the Visa Waiver Program, I am not sure.

If your fiance is getting deployed soon ("maybe next year" wouldn't be enough), you could ask for an expedited treatment of your visa application. Check out the military spouse thread under the IR1-CR1 thread.

If at this time you can still make a choice between K-3 and K-1 (since you're not married yet), then i'd personally go for a K-1, since they seem to be getting approved way faster. Maybe i'm wrong, but check out the timelines on this site for yourself.

Take care.

Edited April 24, 2008 by Catt

[Thewhites 0]

IF you are Canadian, you can enter the USA using the VWP that we share with Canada. You do not need any special visa.

This is a FAQ: 4.6)...Can my fiance(e) come to the US to visit me once the visa process is started? (Applies to all visas)

http://www.visajourney.com/faq/k1k2visa-application.html#4.6

Doesn't this only apply to k-1 visa pending couples? I am currently in the US visiting my Fiance. Even though we are filing a K-1 Visa. HE is being deployed and we don't have time to wait to get married. We want to be married before he is deployed. This is why we are going to Canada to get married. I Was just wondering if during k-3 processing/after marriage I can come acrossed the border. So my question is , 'Can I , as his wife visit him before k-3 processing is complete, under special deployment circumstances?'

[Thewhites 0]

Hi,

I don't know of any special visa for family of military people (and if there were, i'd request it too). However, if you only mean for travelling to the US, people usually seem to be able to travel to the US while waiting for their K-3 visa issuance, from what we gather from the stories in here, but it's no guarantee (and subject to proof of sufficient ties to the home country, and I guess also depending on the POE immigration officer's mood of the day). Maybe it only works for folks travelling under the Visa Waiver Program, I am not sure.

If your fiance is getting deployed soon ("maybe next year" wouldn't be enough), you could ask for an expedited treatment of your visa application. Check out the military spouse thread under the IR1-CR1 thread.

If at this time you can still make a choice between K-3 and K-1 (since you're not married yet), then i'd personally go for a K-1, since they seem to be getting approved way faster. Maybe i'm wrong, but check out the timelines on this site for yourself.

Take care.

Thank you, Cat

I will check out the thread you mentioned above. And def look into the Expedite. Time isn't a HUGE deal since he will be over seas and I can see him anyway. OF course I would rather stick to the K-1 and do it all the right way with no crazy changing and all that deal. I will look more into the EXpedite! Thanks!

[YuAndDan 153]

IF you are Canadian, you can enter the USA using the VWP that we share with Canada. You do not need any special visa.

This is a FAQ: 4.6)...Can my fiance(e) come to the US to visit me once the visa process is started? (Applies to all visas)

http://www.visajourney.com/faq/k1k2visa-application.html#4.6

Doesn't this only apply to k-1 visa pending couples? I am currently in the US visiting my Fiance. Even though we are filing a K-1 Visa. HE is being deployed and we don't have time to wait to get married. We want to be married before he is deployed. This is why we are going to Canada to get married. I Was just wondering if during k-3 processing/after marriage I can come acrossed the border. So my question is , 'Can I , as his wife visit him before k-3 processing is complete, under special deployment circumstances?'

Many people doing K-1, K-3, or CR-1 have had absolutely no problems visiting while their visa is being processed, you just need to demonstrate strong ties back home.

[MsZ 6]

My husband has been crossing regularly since we got married (whatever that crossing is near thousand islands). If you aren't trying to stay, they're being very nice about it. But if you show up w/a bunch of household items, no way.

BTW, why are you going to Canada to get married? You're here. Get married! You don't need a K-1 to get married if you aren't staying.

And if you didn't come w/the intention of getting married, you can stay and adjust status. But, you can't return home or they won't let you back in the country. So, if you have to go home, you'll have to do a K-3 or IR1 and then wait... but you can visit during that period.

Just pack loads of proof of ties to Canada (utility bills, mortgage statement, letter from work, etc.)

Edited April 24, 2008 by MsZ

[Thewhites 0]

My husband has been crossing regularly since we got married (whatever that crossing is near thousand islands). If you aren't trying to stay, they're being very nice about it. But if you show up w/a bunch of household items, no way.

OK! Thanks a bunch!

I guess it just all depends on what the immigration person's mood is like that day! Haha..

AT least I have the hope!