Canadian marrying American, Procedures

[ozone_1974 1]

Hello everyone ,

My name is Nicolas and I am a Canadian citizen living in Montreal, my girlfriend is American and live in Florida.

We met online 2 years ago, and after 2 years of traveling (me to USA and her to Canada to spend time together and meet each other's family), Chat sessions every day, phone calls every day, we finally decided to get married and live together, (in United States, so I would move there permanently)

We searched online for documentation on the procedures to follow, but all we can find online is rather "not clear" to us and we really want to do it right the first time . Seems that our best option would be via a K1 Visa from what we've read.

It would be sooooooooooooooo appreciated if you could help us clarifying the procedures to follow, delays for procedures and such...

Also, just a quick question : from what we gathered online, it states that she would have to be able to support me at 150% or something like that. But we are wondering what exactly do they mean by that ? .. She have a job and live in an appartment right now and that's where I would move so she would basically provide a roof over our heads during the time for me to find a job in United States .. we mean, how do they calculate that and what is the 150% based on ?

Thanks a lot in advance for your help

Best regards

Nicolas

PS: Big Big thanks to cattattude for pointing me out the Canadians forums and the 2008 Poverty Guidelines

[Cassie 8]

Take a look at the VISA FAQs tab at the top of the page -- it has a great amount of information laid out step by step, depending on what visa you end up choosing.

Oh, and welcome to VJ and the Canadian forum!

Edited May 25, 2008 by Cassie

[Kathryn41 3,205]

Hello everyone ,

My name is Nicolas and I am a Canadian citizen living in Montreal, my girlfriend is American and live in Florida.

We met online 2 years ago, and after 2 years of traveling (me to USA and her to Canada to spend time together and meet each other's family), Chat sessions every day, phone calls every day, we finally decided to get married and live together, (in United States, so I would move there permanently)

We searched online for documentation on the procedures to follow, but all we can find online is rather "not clear" to us and we really want to do it right the first time . Seems that our best option would be via a K1 Visa from what we've read.

It would be sooooooooooooooo appreciated if you could help us clarifying the procedures to follow, delays for procedures and such...

Also, just a quick question : from what we gathered online, it states that she would have to be able to support me at 150% or something like that. But we are wondering what exactly do they mean by that ? .. She have a job and live in an appartment right now and that's where I would move so she would basically provide a roof over our heads during the time for me to find a job in United States .. we mean, how do they calculate that and what is the 150% based on ?

Thanks a lot in advance for your help

Best regards

Nicolas

PS: Big Big thanks to cattattude for pointing me out the Canadians forums and the 2008 Poverty Guidelines

Yes, welcome to VJ! The links at the tops of the forums will provide you with a lot of useful information, but here is the summary of the K-1 process:

Your American fiancee starts the ball rolling by sending in an I-129f petition form along with all of the requested attachments and additional documents that are listed to the Texas Service Center (that is the service center that is responsible for Florida applications.) She will receive acknowledgement of the application with a form referred to as NOA1. Several weeks to months later (not sure of the current time frame) she will receive a second letter advising her that the petition has been approved and the application has been forwarded to the appropriate Consulate in her fiance's country - in this case, the Montreal Consulate in Canada. This is called NOA2. The biggest reasons for delays in this part of the process is if she hasn't included everything that is requested or they want to see more information. If that happens she would receive an RFE - Request for (more) Evidence. This can happen at any stage in the process, btw, and isn't anything to worry about - you just send back what they want.

The I-129f and its approval information are sent to the National Visa Center and are there for about a week to 10 days, then sent from there to US Consulate in Montreal. When it arrives, Montreal will send you a notice that they have received an approved I-129f petition along with a package of forms (including a K-1 application form) and information for you to complete. These will include things like having your passport, your long form birth certificate (translated into English if yours is in French), biographical information sheets, an I-134 affidavit of support form with its requested attachments from your fiancee (income tax records, pay stubs, bank statement and letter from employer), police security check, passport style photographs, and a medical examination. There will also be a checklist included. When you have the documents ready (or so close to ready that you know you will have them soon) you return the checklist to the Consulate. When they receive the check list they will schedule you for an interview. Right now there is a several months wait for the interview. When you go to the interview you bring all of the items they requested with you along with a fee. The interview is really easy, and if everything is in order, they approve your K-1 visa. You leave your passport with them along with an XPress mail envelope and they mail the visa back to you. It is physically sealed onto one of your passport pages.

You can get the police security check at your local RCMP station - it needs to be Canada wide. If you have no criminal record you just need a name check. If you have a criminal record you need a fingerprint check which takes longer. The medical has to be done by an approved 'panel physician' - that is a doctor selected by US immigration to perform medical exams - and is a piece of cake. They do a very general check over, make sure you are healthy, don't have any communicable diseases that would be a threat to people in the US, have some blood work and a chest x-ray. It also costs somewhere in the neighbourhood of $200 and isn't covered by Provincial health insurance.

So, once your visa is approved, you have up to 6 months time before you have to use it, and once you use it, you then have to get married within 90 days. You will not be able to leave the US and return to the US after you activate the K-1 visa until one of 2 things happens - you get your green card or you get an Advance Parole. You apply for both of these right after you are married. This application is called "Adjustment of Status" to become a permanent resident of the US.

Regarding the Affidavit of Support, your fiancee needs to show that she earns 125% of the poverty guidelines for a household of your size - if it is just the two of you, then it is for a household of 2. If either of you have children that would be included, then it is for the size of household that includes the children. Cattatude pointed out to you the 2008 Poverty Guidelines already - those are the ones you would use to find the correct income level that your fiance needs.

Good luck - and don't hesitate to ask any questions here on VJ or in the Canada Forum. We are all in various stages of this visa journey ourselves and fully appreciate what it is like when someone is first starting this path.

Edited May 25, 2008 by Kathryn41

[MrsCat 6]

Aren't you so grateful for pointing you to the Canadian Forum with people like Kathryn here?!

We're blessed to have a very knowledgeable bunch on this forum, who are always willing to

[ozone_1974 1]

Hello everyone

Sweet Jebus that was quick, thank you soooo much for your help everyone, this is greatly appreciated

It feels so good and reinsuring to know that others are going through the same process with success . My loved one and I are so excited at the thought of finally be together

Once we start filing, can we post the progress of our visa journey on the website ?

Once again, Thanks a lot for your great help everyone

Best regards

Nicolas

[Kathryn41 3,205]

Hello everyone

Sweet Jebus that was quick, thank you soooo much for your help everyone, this is greatly appreciated

It feels so good and reinsuring to know that others are going through the same process with success . My loved one and I are so excited at the thought of finally be together

Once we start filing, can we post the progress of our visa journey on the website ?

Once again, Thanks a lot for your great help everyone

Best regards

Nicolas

For sure you can post the progress of your visa journey on the website. It is how many of us stay sane during this whole process! Welcome to the family!

[giraffemd 0]

welcome...you will find VJ a helpful place to be when questions come up......and a great way to pass the time while you are waiting for your paperwork...many of us become quite addicted while we are waiting and hang around long after we are done with the process.

[Krikit 1,165]

Welcome to VJ, Ozone!

[trailmix 77]

Yes welcome! Don't hesitate to ask questions, we have all been caught out on some detail in this process (well most of us) - so don't think any question is too trivial and good luck for a speedy visa process

[ozone_1974 1]

Hello everyone,

Thank you for the warm welcoming

I do have a question that popped into my mind last night

I have 2 citizenships already, French (because I was born in France) and Canadian. I think I've read somewhere that United States do not have any rules for dual citizenships but would it be a problem for me considering the fact that I already have 2 ?

If that is the case then I will promptly drop my French citizenship and keep my Canadian one, as I want to minimize the risk of problems during the visa filing process

Also, if I do drop my French citizenship, what documents should I provide during the visa filing process, my french birth certificate or my Canadian citizenship certificate ?

Thanks everyone

Best regards

Nicolas

[Galateia 1]

Hello everyone,

Thank you for the warm welcoming

I do have a question that popped into my mind last night

I have 2 citizenships already, French (because I was born in France) and Canadian. I think I've read somewhere that United States do not have any rules for dual citizenships but would it be a problem for me considering the fact that I already have 2 ?

If that is the case then I will promptly drop my French citizenship and keep my Canadian one, as I want to minimize the risk of problems during the visa filing process

Also, if I do drop my French citizenship, what documents should I provide during the visa filing process, my french birth certificate or my Canadian citizenship certificate ?

Thanks everyone

Best regards

Nicolas

You will need to provide your original French birth cert with a certified english translation (I believe) plus your proof of Canadian citizenship.

You do not need to become a US citizen, you can become a permanent resident and ignore the whole dual citizen issues, aka greencard holder.

Welcome to VJ, we're a helpful and empathetic bunch

[anxiouslywaiting 0]

Hello everyone ,

My name is Nicolas and I am a Canadian citizen living in Montreal, my girlfriend is American and live in Florida.

We met online 2 years ago, and after 2 years of traveling (me to USA and her to Canada to spend time together and meet each other's family), Chat sessions every day, phone calls every day, we finally decided to get married and live together, (in United States, so I would move there permanently)

We searched online for documentation on the procedures to follow, but all we can find online is rather "not clear" to us and we really want to do it right the first time . Seems that our best option would be via a K1 Visa from what we've read.

It would be sooooooooooooooo appreciated if you could help us clarifying the procedures to follow, delays for procedures and such...

Also, just a quick question : from what we gathered online, it states that she would have to be able to support me at 150% or something like that. But we are wondering what exactly do they mean by that ? .. She have a job and live in an appartment right now and that's where I would move so she would basically provide a roof over our heads during the time for me to find a job in United States .. we mean, how do they calculate that and what is the 150% based on ?

Thanks a lot in advance for your help

Best regards

Nicolas

PS: Big Big thanks to cattattude for pointing me out the Canadians forums and the 2008 Poverty Guidelines

Could you please provide the 2008 Poverty Guidelines? Thanks

[trailmix 77]

Could you please provide the 2008 Poverty Guidelines? Thanks

Ozone, you won't have to relinquish any other citizenship to become a U.S. citizen.

Here is the link for the 2008 povery guidelines AW:

http://www.uscis.gov/files/form/I-864P.pdf

[ozone_1974 1]

Ah oki .. was just wondering so I thought I would ask before we start the procedures, you know the saying : "better be safe than sorry"

Thanks a bunch everyone for your help

Best regards

Nicolas

[ozone_1974 1]

Hello,

I have another question .. On the form I-129F question 18 states "Has your fiancé(e) met and seen you within the two-year period immediately receding the filing of this petition?" The word "receding" seems wrong, can someone please give some clarification to this question?

Thank you in advance for all your help