Guidance Please :(

[Iraphine 0]

Greetings everyone

My name is Kristen, and I'm a Canadian citizen. I met my husband (an American Citizen) online in a video game, he came to Toronto (where I lived) and took me back to Florida where he lives at the first of August 2007. October 9th 2007 we married in Florida at a courthouse, I love my husband very much.

We filed the I-130 form, received notice of action, USCIS processed and turned my case over to NVC.

I paid them a $70 dollar fee, then a $400 fee.

I sent them payment, and receipts and cover sheets for both.

I await a response.

December 2008 my husband I finally return to Canada after being in Florida for so long (I dreaded the thought of leaving my husband, I am only 21 and he is 20! Young love.) My husband and his family support me.

Upon returning back to Florida In January by plane, I was stopped at customs, I apparently overstayed my welcome The boarder control officer decided to look passed that fact, and let me go to Florida. He instructed me that I need to leave Florida in 3 months, and return back to Canada to finish my process.

When I get back to Florida I call NVC, and they tell me they need my receipts again (I sent them I swear ) and to send an AOS. I am just about ready to send those off to NVC and await my hopeful-soon interview.

My interview is going to be held in Montreal, Canada.

I don't mind flying out to Montreal for my interview. Granted I am approved, will that mean I can return to Florida legally? Does this grant me the ability to work in the US? I realize I will need to file an AOS form if approved, but while I do that, will I be able to work?

I have a job lined up for when I am approved, I just need to know if I've taken the right steps, aside from the fact that I did overstay my welcome in Florida.

All and any guidance is much appreciated!

- Kristen

[YuAndDan 153]

Since you paid them a $70 and a $400 fee, you are NOT doing a K-3 visa, you are doing a CR-1 visa.

CR-1 is work authorized, it will get an I-551 stamp upon entry, this = a green-card, allowing work, and re-entries from trips abroad. The I-551 stamp tends to be valid for 1 year, the actual green-card tends to take a month or so to get after entry.

K-3 is NOT work authorized, so CANNOT take a job until you get an EAD or are approved for AOS, EAD can take 90 days or more to get, and AOS can tke 4 months or more to get. If you wish to work soon after arrival to the USA, the K-3 is NOT the visa to use.

Yes, if visa is granted, you will be allowed to enter the USA without an issue.

Moving this to to CR-1/IR-1 visa forum.

[raymaga 25]

Kristen:

Welcome to VJ!!!

Good luck for a successful visa process. We look forward to seeing your posts in the future.

[YuAndDan 153]

One last note: http://www.visajourney.com/timeline/profile.php?id=61155

[Iraphine 0]

Apologies for putting this in the wrong forum! You all are so full of knowledge, I knew this was the right place to go to. I'm a little more at ease now.

I have another question.

I want to be as truthful and honest as possible when I have my interview, but I am afraid if I tell the interviewers my time line, and staying in FL for a long period of time, that it will compromise my ability to migrate to the US.

Is this something I can keep to myself at the interview?

Also, what is the longest you can stay in the US as a visitor? When you leave, how long do you have to wait before you can come back as a visitor?

Thanks in advance!

[canadian_wife 1,829]

Welcome to VJ

In my opinion, NEVER lie or keep any information to yourself in an interview. They know more than you think they do.

Canadians are eligible to stay in the US for up to 180 out of 365. When you came back to Florida and the CO said you could stay for 3 months, did they staple something into your passport? An I-94 perhaps?

[Iraphine 0]

Nope they didn't staple a single thing, write me up, nothing.

So basically, can I stay here for another 180 days, return to Canada for a week, then return back to Florida?

They really need to make a handbook with all this information

[canadian_wife 1,829]

You cannot 'step out' and the clock restarts. If the CO says to leave in 3 months, I suggest you leave in 3 months. You really want to make this process easier on yourself.

If you stay for 180 days then you will need to remain outside the US for 185 before you are allowed back into the US. However, you are also facing a substantial overstay. This will make it more difficult for you.

[Iraphine 0]

I suppose I better hope & pray that my interview comes along in that time, so I can go to Montreal, have my interview/exam, hopefully get approved, then return to be with my husband and get started on our life finally.

Then I can work to pay for the AOS fee haha.

Your information has been immensely helpful to me.

[pushbrk 13,268]

I suppose I better hope & pray that my interview comes along in that time, so I can go to Montreal, have my interview/exam, hopefully get approved, then return to be with my husband and get started on our life finally.

Then I can work to pay for the AOS fee haha.

Your information has been immensely helpful to me.

There is no AOS fee to pay after entering on a CR1 visa because there's no status to adjust. You enter as a Legal Permanent Resident, either conditional or not.

[♥Stiggy♥ 0]

Sounds like were doing the same thing CR1 visa... Im canadian and hoping to move to florida in 2010 We met playing ffxi

Edited January 30, 2009 by ♥Stiggy♥

[Iraphine 0]

Sounds like were doing the same thing CR1 visa... Im canadian and hoping to move to florida in 2010 We met playing ffxi

Wow now that's freaky, thats how my husband and I met, we're on the Fairy server Awesomeness!

[Iraphine 0]

I couldn't find an edit button, so apologies for double posting.

I found this little tidbit of information, will I need to file this form as well with my application?

DS-3032/DS-230

I wouldn't want NVC to think I'm a terrorist

[trailmix 77]

I couldn't find an edit button, so apologies for double posting.

I found this little tidbit of information, will I need to file this form as well with my application?

DS-3032/DS-230

I wouldn't want NVC to think I'm a terrorist

Yes, you have to file the DS-3032 and the DS-230 with NVC.

I would recommend that you read the guide for the CR1 visa (just click on the Guides tab at the top of this page and follow the links)

At the very least you may want to have a look at the NVC flowchart:

http://www.visajourney.com/examples/NVC_Pr...wchart_v1-2.pdf

As for the timeline for a Montreal interview, after you finish at NVC , you will be looking at around (at least) a 3 month wait.

You may find some useful information in the VJ Canada forum as well:

http://www.visajourney.com/forums/index.php?showforum=93

Edited February 2, 2009 by trailmix

[Iraphine 0]

Can I file this form along with the AoS files my husband and I are working on? Or should I wait for them to tell me to file it.