K-1 visa confusion

[mozplay 29]

Hi All,

I just joined this site today and already reading through the posts I'm thankful I found it - you all seem sensible and helpful. Thank goodness!

Let me give you the basics on my own story and hopefully someone can help:

I'm Canadian and my boyfriend/fiance is a USC (look - I'm learning the lingo already!) We have been dating for two years now and are planning to be married and live in the US at lease for the next few years while he finishes his masters.

In chatting with a lawyer about the quickest way to be with David in the US legally, we were advised to come in as I always do - driving across the border for a visit and then file for K-1 status. However, in reading posts on a few forums, this seems like a HUGE no-no. Even in a recent post by Beth on this forum a number of you indicated that this was highly illegal and could cause problems later on. I don't know if this makes any difference, but I don't intend to work under the table or anything while the filing etc is in process. Also, I work in the educational system, so bear in mind I have the summer off anyway - even if I were to remain in Canada and go back to work, it would not be until September.

So here are my questions:

1. Why the heck would the lawyer tell me to do something that is illegal?!!?!?!? (Ok - I know you may not be able to answer for his actions - just wanted to get it off mychest)

2. Is applying for the K-1 really the quickest route or should we be married?

3. Is is true that I cannot travel to the US once the K-1 application has been filed, if it is filed while I am in Canada?

4. If this is true, then what is the time line on that? Is it the 30 - 90 days that I keep hearing about? Or is it the 6 month timeline?

5. Is it legal to file for K-1 status with me in the US, spend the summer together and then return to Canada for the rest of the process? Is this still illegal and therefore can possibly cause problems?

6. Have any of you actually stayed in the US through the process and it not been a problem?

As you can guess, I so desperately want to be with David, however, not if it will come at the cost of our long-term lives together. I'm not trying to move to the US for fraudlent reasons, however, the thought of not being able to see him for up to 6 months is killing me.

Can somebody tell me the best possible course of action here (and maybe reccommend a good therapist and an even better maseusse to ease the stress of this process!).

One last question - general consensus is that using a lawyer is throwing your money away - does anyone recommend using one of those do-it-yourself kits? Or is that jsut as bad as hiring a lawyer?

Thanks in advance for all your help. I'm looking forward to some valuable discourse.

Mo

p.s. fair warning -once i send this i am going to realize that i have forgotten a million things!

[kitkat1 5]

Welcome. I can offer a few answers:

1. Why the heck would the lawyer tell me to do something that is illegal?!!?!?!? (Ok - I know you may not be able to answer for his actions - just wanted to get it off mychest)

My guess is he meant you can file the paperwork when you are in the US together during a visit. Since you can legally enter the US from Canada, there is no issue regarding entering on a tourist visa and then getting married - this is what the other posts you read referred to.

2. Is applying for the K-1 really the quickest route or should we be married?

Someone from Canada will pipe in on this one - seems like it could be faster to get married and apply visa Direct Consular Processing if I recall correctly.

3. Is is true that I cannot travel to the US once the K-1 application has been filed, if it is filed while I am in Canada?

Again, someone else will have to answer what issues you will face at the border when they ask you about why you are coming - you cannot say that you are visiting your fiance and if they know that apparently you will have trouble.

4. If this is true, then what is the time line on that? Is it the 30 - 90 days that I keep hearing about? Or is it the 6 month timeline?

With all the IMBRA stuff, count on 6 months processing.

5. Is it legal to file for K-1 status with me in the US, spend the summer together and then return to Canada for the rest of the process? Is this still illegal and therefore can possibly cause problems?

You can be in the US during the filing and processing, etc. Since your home is in Canada and you have a mailing address there, no problem. But again, crossing the border and the intent issue needs to be addressed by someone who knows.

6.

One last question - general consensus is that using a lawyer is throwing your money away - does anyone recommend using one of those do-it-yourself kits? Or is that jsut as bad as hiring a lawyer?

If your case is straightforward, no visa overstay, nothing illegal, you do not need a lawyer or a kit. Read through the guides here, post your questions here, and you should be all set and about $3000 USD richer.

[gwenneh 7]

Welcome to VJ!

First of all, your lawyer seems slightly confused. You cannot "drive across the border for a visit and then file for K-1 status." K-1 visas require an interview and medical exam in the beneficiary's (your) home country; it cannot be done in the US. You can apply for the K-1 visa while you are on a visit to the US-as there is lots of paperwork for both the petitioner and the beneficiary involved, it's not a bad idea as long as you're sure you have EVERYTHING you need in order to assemble the I-129F package-but you will have to go home for the interview and the medical. I don't think he was advising something illegal as much as giving somewhat confused advice, and as the immigration process is confusing, there's a lot of that going around!

Whether the K-1, K-3, Direct Consular Filing (this may or may not be available to you, I don't know) is fastest, who knows? The processing times for visas fluctuate madly, particularly now with the new IMBRA laws being enacted. Generally speaking, it will depend on your country-for the best bet, check the timelines on this site.

It is not strictly true that you cannot visit the US while filing for a K-1. Many people, my own fiance included, have done just that. What you do need to realize is that you need to be able to prove beyond a doubt that you will be leaving the US at the end of your visit. Ties to your home such as a lease or mortgage, letter from your job, bank statements, return flight ticket-all of these will make it easier to prove this to border patrol. It is at the discretion of the officer at the point of entry as to whether to allow you in or not. You may get grilled for hours, you may get a few questions about your K-1, you may get a smile and a wave on through (we got the latter most of the time!)-just be prepared for the possibility that you may be turned away as well. It shouldn't affect your visa petition, even if the worst happens.

As for question five, I think I answered that in the beginning-yes it is legal for you to file while you are in the US as long as you go home before your entry clearance runs out, just like any other visitor. Russ and I did just that; know you're very very lucky to have this as an option, as many couples around here do not (and I admire them their perserverance, too!).

My husband stayed in the US for most of the process, barring the medical and the interview. It did not affect our case in any way, but on his last visit to the US prior to the interview he was told not to come back until he had the proper visa-not denied entry, just told next time he would be. Fortunately we came back triumphant and all went well.

Visajourney is better than any DIY kit you could purchase. I think if you have a straightforward case (no divorces, no convictions or criminal record) you should be fine. Just ask if you get confused, you're not alone and you won't be the first person to ask about it all!

Welcome to VJ, and hope you get smooth sailing!

[Vagina Journey 0]

Welcome to VJ

[mozplay 29]

Thank you so much for the advice received thus far. I do know how lucky I am now. While I was waiting for responses I read through some of the posts from couples who live MUCH farther away. It makes my stresses seem small - my heart goes out to them.

I'll keep checking and it looks like I will probably see you all on a daily basis. Just to be clear - I do belive that the lawyer was talking about me staying in the states while I filed the I-129 (I just keep referring to it as the K-1 but I'll stop doing that now).

One more quick question though - to prove that I did not intend to stay illegally inthe US past the I-129 process, will bank statements, cell phone bills and the fact that I have a car in Canada be enough? I obviously won't keep my job if I do intend to stay with David through the process (not fair to the school or students), however, my boss certainly is willing to write me a letter giving me an indefinate leave of absence. Also, I do not own a house to hold a mortgate or deed for.

Mo

[kitkat1 5]

- to prove that I did not intend to stay illegally inthe US past the I-129 process, will bank statements, cell phone bills and the fact that I have a car in Canada be enough? I obviously won't keep my job if I do intend to stay with David through the process (not fair to the school or students), however, my boss certainly is willing to write me a letter giving me an indefinate leave of absence. Also, I do not own a house to hold a mortgate or deed for.

Unfortunately having a bank account or cell phone does not prove your intent to return home. You need to prove your intent to return home by establishing things like:

a residence in a foreign country which he/she has no intention of abandoning;

strong family ties remaining in home country;

strong work ties to require your return

continued membership in organizations,

proof of spouse/children/family in home country

personal letters of intent to return home

[Cassie 8]

Here's my two cents (as someone who was in your shoes ):

one: You are not eligible for DCF in Canada, since your USC fiance does not currently reside in Canada and is not considered a permanent resident in Canada, so scratch that possibility off the list.

two: I personally feel that you can do the filing on your own, no lawyer required, with some planning and research beforehand. VisaJourney is a great resource, as well as the USCIS website. If you feel that you have circumstances that are above and beyond a straightforward case, by all means look into retaining a lawyer--just make sure that he/she is very familiar with the process.

three: are there possibilities of your fiance coming to see you in Canada during the process? You aren't the only one who could travel?

fourth: Welcome to VJ! This is a great place, full of info and people willing to help you out and support you throughout the process. Be sure to check out the Canadian section in the Regional Forums -- we have lots of Canuck-specific information there. My humble advice before you start? Don't let this visa thing stress you out too much, it's really easy to get swallowed up in it, especially while you are waiting for stuff to happen.

many best wishes to you both

[meauxna 15]

So here are my questions:

1. Why the heck would the lawyer tell me to do something that is illegal?!!?!?!? (Ok - I know you may not be able to answer for his actions - just wanted to get it off mychest)

2. Is applying for the K-1 really the quickest route or should we be married?

3. Is is true that I cannot travel to the US once the K-1 application has been filed, if it is filed while I am in Canada?

4. If this is true, then what is the time line on that? Is it the 30 - 90 days that I keep hearing about? Or is it the 6 month timeline?

5. Is it legal to file for K-1 status with me in the US, spend the summer together and then return to Canada for the rest of the process? Is this still illegal and therefore can possibly cause problems?

6. Have any of you actually stayed in the US through the process and it not been a problem?

As you can guess, I so desperately want to be with David, however, not if it will come at the cost of our long-term lives together. I'm not trying to move to the US for fraudlent reasons, however, the thought of not being able to see him for up to 6 months is killing me.

Can somebody tell me the best possible course of action here (and maybe reccommend a good therapist and an even better maseusse to ease the stress of this process!).

One last question - general consensus is that using a lawyer is throwing your money away - does anyone recommend using one of those do-it-yourself kits? Or is that jsut as bad as hiring a lawyer?

Thanks in advance for all your help. I'm looking forward to some valuable discourse.

Mo

p.s. fair warning -once i send this i am going to realize that i have forgotten a million things!

1> Is it illegal advice? Sound like you need to clarify what the lawyer meant, exactly. Tell him you don't understand.

2> If you want to move to the US quicker, a K-1 is faster. If you want to be married quicker, you can do so anytime and wait for a spousal visa (K-3 or CR-1).

3> No, not true. You may VISIT the US while waiting on an I-129f petition or visa interview. The burden is on you to show that you will not immigrate illegally on that visit.

4> Canadians may VISIT the US for 6 months in a year.

5> Yes, it is legal to VISIT.

6> n/a

I disagree that the general consensus is that lawyers are bad or a waste of money. And, there are multiple ways to use a lawyer. But I do think that if you are going to go the do it yourself route that the kits aren't such a great thing. The info here is generally much more up to date than anything in print.

The main thing about doing it yourself is that you understand the process and are willing to absorb a LOT of detail.

Read on, read some more. You don't have to make a decision today, or even this week! It's much better to spend a couple of weeks studying until you really understand than to go off half cocked and try to clear it up later. You'll be together soon!

[Cristy 4]

- to prove that I did not intend to stay illegally inthe US past the I-129 process, will bank statements, cell phone bills and the fact that I have a car in Canada be enough? I obviously won't keep my job if I do intend to stay with David through the process (not fair to the school or students), however, my boss certainly is willing to write me a letter giving me an indefinate leave of absence. Also, I do not own a house to hold a mortgate or deed for.

Unfortunately having a bank account or cell phone does not prove your intent to return home. You need to prove your intent to return home by establishing things like:

a residence in a foreign country which he/she has no intention of abandoning;

strong family ties remaining in home country;

strong work ties to require your return

continued membership in organizations,

proof of spouse/children/family in home country

personal letters of intent to return home

Agree with all of this...just being lazy and piggybacking your answers lol

Welcome and good luck!

[stinger157 0]

Hi All,

I just joined this site today and already reading through the posts I'm thankful I found it - you all seem sensible and helpful. Thank goodness!

Let me give you the basics on my own story and hopefully someone can help:

I'm Canadian and my boyfriend/fiance is a USC (look - I'm learning the lingo already!) We have been dating for two years now and are planning to be married and live in the US at lease for the next few years while he finishes his masters.

In chatting with a lawyer about the quickest way to be with David in the US legally, we were advised to come in as I always do - driving across the border for a visit and then file for K-1 status. However, in reading posts on a few forums, this seems like a HUGE no-no. Even in a recent post by Beth on this forum a number of you indicated that this was highly illegal and could cause problems later on. I don't know if this makes any difference, but I don't intend to work under the table or anything while the filing etc is in process. Also, I work in the educational system, so bear in mind I have the summer off anyway - even if I were to remain in Canada and go back to work, it would not be until September.

So here are my questions:

1. Why the heck would the lawyer tell me to do something that is illegal?!!?!?!? (Ok - I know you may not be able to answer for his actions - just wanted to get it off mychest)

2. Is applying for the K-1 really the quickest route or should we be married?

3. Is is true that I cannot travel to the US once the K-1 application has been filed, if it is filed while I am in Canada?

4. If this is true, then what is the time line on that? Is it the 30 - 90 days that I keep hearing about? Or is it the 6 month timeline?

5. Is it legal to file for K-1 status with me in the US, spend the summer together and then return to Canada for the rest of the process? Is this still illegal and therefore can possibly cause problems?

6. Have any of you actually stayed in the US through the process and it not been a problem?

As you can guess, I so desperately want to be with David, however, not if it will come at the cost of our long-term lives together. I'm not trying to move to the US for fraudlent reasons, however, the thought of not being able to see him for up to 6 months is killing me.

Can somebody tell me the best possible course of action here (and maybe reccommend a good therapist and an even better maseusse to ease the stress of this process!).

One last question - general consensus is that using a lawyer is throwing your money away - does anyone recommend using one of those do-it-yourself kits? Or is that jsut as bad as hiring a lawyer?

Thanks in advance for all your help. I'm looking forward to some valuable discourse.

Mo

p.s. fair warning -once i send this i am going to realize that i have forgotten a million things!

Hello,

you and your fiancee can file for the K1 while you are in the United States. You can also enter while the K1 is being processed. You can enter as long as you don't violate any immigration law.

I spent between 85 and 90% of the K1 processing time inside the United States. I didn't have any problems at the point of entry.

The only things you need to keep in mind:

comply with any immigration law

have a good (and true) explanation why you can come so often or for such a long time.

[Ladylethal 12]

Welcome to VJ!

[iceyspots 0]

Welcome to VJ

Edited June 12, 2006 by iceyspots

[mozplay 29]

Ok, I think I am developing a callus on my right wrist from using the mouse all day but the amount of information here .. and useful, comprehensive information at that is staggering!!!!

I feel so much better after reading many of your posts - I think I may actually sleep tonight and I will very much try to take the advice of one member and now drown in the process.

Now ... I have two questions that I cannot seem to find answers for (forgive me if I am just blind):

1. Because we have always driven across the border to see eachother I do not have any stamps at all in my passport, nor plane tickets or anything like that. We stayed in two hotels during the first year (out of town weddings) and I will contact both the venues to see if I can still get duplicate receipts. However, if this is not the case will credit card and bank statments showing that I have spent money in the US suffice as proof that we have seen eachother in the past 2 years when filing the I-129F? We have MASS quantities of emails saved to prove the 'ongoing relationship' part.

1a. (so it's still technically only two questions, lol) Do the customs agents at the border keep records of me crossing that I can request for petition purposes (also when filing the I-129F)?

2. How long (approx.) between initially filing the I-129 and then filing for permission to travel? Is this the 30-90 day period? or is this more like the 4 - 6 month period?

I ask this question assuming at this point that I will indeed stay with David for a few months after he files and then come back up here for the medical etc (which is the 30 - 90 days, right?). So question 2 actually points to when the US stops frowning upon my re-entering, customs officers are happy about it and we can be re-united.

And to answer an earlier question ... David will be able to come up and visit too - but since he is going to be doing post-grad work, then it's just easier if I come down. Even with a full-time job, my schedule has always been very flexible.

Thanks for all the welcomes and well-wishes all! I really do appreciate all of this!

Mo

[calidreamer80 0]

I think if you have a straightforward case (no divorces, no convictions or criminal record) you should be fine.

I've been divorced so does that mean I am going to have problems?

[kitkat1 5]

I think if you have a straightforward case (no divorces, no convictions or criminal record) you should be fine.

I've been divorced so does that mean I am going to have problems?

Not necessarily - just make sure you have the complete divorce decree and if it needs to be translated, be sure it is done.