lawyer confusing me!

[♥Stiggy♥ 0]

I called an immigration lawyer up for a free telephone consult, and after the call I really thought he was full of #######.

He told me that if I come into the states from Canada (Im a Canadian citizen) and decide to marry my fiance while visiting, I can stay in the US until my interview at the embassy, and apply for a work permit while in the states by adjusting my status (huh? how, without no visa and just being there as a visitor).

After him, Im very leary on hiring a lawyer... never know if it will take longer then it has to..

This is such a pain in the butt deciding to go for k1/k3 or RC1.

Just wanna be there as fast as possible after my divorce is final , so we can get married and finally be together

[Marilyn. 340]

sounds like the same advice my husband/boyfriend at the time got when he called a lawyer for a consult...

oh and don't take the advice , we tried and I was banned form the US for a year

Edited December 9, 2008 by *Marilyn*

[emt103c 10]

It depends on what you want to be faster, being married, or being in the United States. If you want to be here fastest then k1 is usually the fastest because the application doesn't spend so much time processing at the NVC. If you really want to be married more quickly than that, then it is best to get married and do the CR1 as it only adds a few months (usually) and you don't have to deal with the AOS and fees once inside the United States. . it also has the added bonus of being eligible to work immediately without a work permit.

You can also take consular processing into account. . . .Montreal is the only consulate that processes CR-1/IR-1 so if you REALLY don't want to interview there then go the k1 route. . .

The lawyer is also full of #######. . .coming in with the intent to get married on a "visit" is misrepresentation and if they don't decide to be lenient it can cause OMG, GIGANTIC issues. . .including the ban Marilyn is talking about.

[trailmix 77]

You can also take consular processing into account. . . .Montreal is the only consulate that processes CR-1/IR-1 so if you REALLY don't want to interview there then go the k1 route. . .

Depends, if he is in Eastern Canada and does the K visa - he still has to interview in Montreal.

[Wis-Can 0]

You can also take consular processing into account. . . .Montreal is the only consulate that processes CR-1/IR-1 so if you REALLY don't want to interview there then go the k1 route. . .

Depends, if he is in Eastern Canada and does the K visa - he still has to interview in Montreal.

She's the one from Canada, and from Nova Scotia, so she would interview in Montreal for the K visa

[Flames9_RN 358]

What ur lawyer told you--is the same thing a lawyer in DC told me when I was visiting the USA. Its kind of sketchy,lol If one enters the usa with NO INTENT of staying, then out of the blue decides to stay and adjust of status (AOS),then thats fine! BUT if you have the INTENT to stay, not fine! Guess one could play dumb. Keep in mind if one does that route, you can't leave the USA until you have reached a certain stage in the visa process. So if a family member back in Canada dies, sorry ya can't go!! Well you can go, BUT you may not be allowed to re-enter the USA,thus u have to start back at square 1!!

Since ur on the East coast, ur interview wil be in Montreal, no matter which visa ur going for, k 1, k3 or cr-1! K1 should be the fastest, but there are restrictions on a k1 visa. the k3 and cr-1 are taking about the same time, so I would NOT even consider the k3, the cr-1 is a far superior visa and costs less in the long run!! Check out the chart here, it listt the + and - of each visa http://www.visajourney.com/forums/index.ph...mp;page=compare

[♥Stiggy♥ 0]

What ur lawyer told you--is the same thing a lawyer in DC told me when I was visiting the USA. Its kind of sketchy,lol If one enters the usa with NO INTENT of staying, then out of the blue decides to stay and adjust of status (AOS),then thats fine! BUT if you have the INTENT to stay, not fine! Guess one could play dumb. Keep in mind if one does that route, you can't leave the USA until you have reached a certain stage in the visa process. So if a family member back in Canada dies, sorry ya can't go!! Well you can go, BUT you may not be allowed to re-enter the USA,thus u have to start back at square 1!!

Since ur on the East coast, ur interview wil be in Montreal, no matter which visa ur going for, k 1, k3 or cr-1! K1 should be the fastest, but there are restrictions on a k1 visa. the k3 and cr-1 are taking about the same time, so I would NOT even consider the k3, the cr-1 is a far superior visa and costs less in the long run!! Check out the chart here, it listt the + and - of each visa http://www.visajourney.com/forums/index.ph...mp;page=compare

Yah, filing in Montreal is perfect with me, since as the AP said, Im in the Eastern provinces anyhow.

We have decided not to go with the K1 route, we want to be husband and wife as soon as possible But if the CR1 is taking as long as the K3, may as well go for that

[thetreble 19]

Intent can be pretty hard to prove. It was in my case. I went to the US to be with my boyfriend and I didn't really know what my plan was. After 3 months we got engaged and then after another 2 we got married. Right after we married I adjusted AOS. Did I have intent? Maybe, maybe not. I didn't really know what I wanted at that point...

Would I have gone about it a different way? Yes. I would have stayed in Canada and done a K-1 so that I could work and not sit on my ### all that time. haha

[Brian and Jenn 0]

Take it from someone dealing with the issues of the process the way your lawyer told you to do it. DO NOT DO IT.

Like everyone here is saying, do it the proper way, via a K1 visa.

It will save you ALOT of heartache.

You will also be able to get a SSN and EAD as well as a Driver's License quicker doing it the K1 way. When you have no status they will hold out on giving you the SSN until shortly before/after you finally receive your Green Card.

Also as an overstay the AP does nothing for me. I am basically locked in the USA until I receive my greencard. That or be banned for 10 years.

Goodluck in your journey!

-Brian

Intent can be pretty hard to prove. It was in my case. I went to the US to be with my boyfriend and I didn't really know what my plan was. After 3 months we got engaged and then after another 2 we got married. Right after we married I adjusted AOS. Did I have intent? Maybe, maybe not. I didn't really know what I wanted at that point...

Would I have gone about it a different way? Yes. I would have stayed in Canada and done a K-1 so that I could work and not sit on my ### all that time. haha

Your story is almost identical to mine. Only I entered in April 07, and am just beginning the immigration process, lol!

Edited December 9, 2008 by Brian and Jenn

[trailmix 77]

What ur lawyer told you--is the same thing a lawyer in DC told me when I was visiting the USA. Its kind of sketchy,lol If one enters the usa with NO INTENT of staying, then out of the blue decides to stay and adjust of status (AOS),then thats fine! BUT if you have the INTENT to stay, not fine! Guess one could play dumb. Keep in mind if one does that route, you can't leave the USA until you have reached a certain stage in the visa process. So if a family member back in Canada dies, sorry ya can't go!! Well you can go, BUT you may not be allowed to re-enter the USA,thus u have to start back at square 1!!

Since ur on the East coast, ur interview wil be in Montreal, no matter which visa ur going for, k 1, k3 or cr-1! K1 should be the fastest, but there are restrictions on a k1 visa. the k3 and cr-1 are taking about the same time, so I would NOT even consider the k3, the cr-1 is a far superior visa and costs less in the long run!! Check out the chart here, it listt the + and - of each visa http://www.visajourney.com/forums/index.ph...mp;page=compare

Yah, filing in Montreal is perfect with me, since as the AP said, Im in the Eastern provinces anyhow.

We have decided not to go with the K1 route, we want to be husband and wife as soon as possible But if the CR1 is taking as long as the K3, may as well go for that

Yes, I would definately recommend going the CR1 route, much less hassle in the long run. As a reference ours took 11 months.

You may want to check out the Montreal timeline to interview thread as well.

Edited December 9, 2008 by trailmix

[thetreble 19]

Oh and.. LAWYERS ARE FULL OF BALONEY!

We hired one for $3000 and he did nothing but send off the papers and come to the 5 minute interview with us where he said NADDA.

[kate13 0]

A lawyer is absolutely not needed- just carefully follow all hte directions for the K1 visa...as a reference, the entire process took almost exactly 9 months from sending the first paperwork to Vermont until our wedding!

I called an immigration lawyer up for a free telephone consult, and after the call I really thought he was full of #######.

He told me that if I come into the states from Canada (Im a Canadian citizen) and decide to marry my fiance while visiting, I can stay in the US until my interview at the embassy, and apply for a work permit while in the states by adjusting my status (huh? how, without no visa and just being there as a visitor).

After him, Im very leary on hiring a lawyer... never know if it will take longer then it has to..

This is such a pain in the butt deciding to go for k1/k3 or RC1.

Just wanna be there as fast as possible after my divorce is final , so we can get married and finally be together

[♥Stiggy♥ 0]

Intent can be pretty hard to prove. It was in my case. I went to the US to be with my boyfriend and I didn't really know what my plan was. After 3 months we got engaged and then after another 2 we got married. Right after we married I adjusted AOS. Did I have intent? Maybe, maybe not. I didn't really know what I wanted at that point...

Would I have gone about it a different way? Yes. I would have stayed in Canada and done a K-1 so that I could work and not sit on my ### all that time. haha

At what point did you have to go back to canada during the visa process? Or did you get to stay there the whole time?

I didnt know u could get EAD while your greencard is pending.

If you apply for the greencard while down there, what happens if you are approaching your 6 months as a visitor status? Can you stay because of the greencard pending?

[trailmix 77]

Intent can be pretty hard to prove. It was in my case. I went to the US to be with my boyfriend and I didn't really know what my plan was. After 3 months we got engaged and then after another 2 we got married. Right after we married I adjusted AOS. Did I have intent? Maybe, maybe not. I didn't really know what I wanted at that point...

Would I have gone about it a different way? Yes. I would have stayed in Canada and done a K-1 so that I could work and not sit on my ### all that time. haha

At what point did you have to go back to canada during the visa process? Or did you get to stay there the whole time?

I didnt know u could get EAD while your greencard is pending.

If you apply for the greencard while down there, what happens if you are approaching your 6 months as a visitor status? Can you stay because of the greencard pending?

Treble stayed the whole time, she did what is called an Adjustment of Status.

If you go for the CR1 you have to come back to Canada for the medical and interview (taking in to account that you don't want to overstay in the U.S.)