Visiting on a tourist visa during a pending K-3

[Zhenechka 0]

My fiancee and I are planning to get married in Canada. She is Canadian, I am American.

We are wondering if she is allowed to come on a tourist visa after we send in the documents to begin the K-3 process. Does she even have to disclose that she is visiting me at the border?

Is it kosher if she arrives on a tourist visa immediately after we get married and then we send in the K-3 documents for processing?

Also, does anyone know how long K-3 typically takes start to finish for Canadians?

Thank you, we appreciate your help!

[canadian_wife 1,828]

Yes, she can come visit. She should always, ALWAYS tell the truth when crossing the border. If they ask who she is visiting, then yes she should say her husband (or fiance as the case may be at the time)

She should bring strong ties to Canada when visiting, she likely won't need them but always be on the safe side.

As long as she does not overstay, she can visit you right after the wedding and you can send off the documents (don't go for the K-3, go for the Cr1 it is an immigrant visa and is far superior, not to mention cheaper, than the K-3 - read the guides)

Plan on 8 - 10 months for processing the visa, start to finish

Good luck.

PS - Canadians don't need a tourist visa to visit

[CndBcn 0]

Yes, she can come visit. She should always, ALWAYS tell the truth when crossing the border. If they ask who she is visiting, then yes she should say her husband (or fiance as the case may be at the time)

She should bring strong ties to Canada when visiting, she likely won't need them but always be on the safe side.

As long as she does not overstay, she can visit you right after the wedding and you can send off the documents (don't go for the K-3, go for the Cr1 it is an immigrant visa and is far superior, not to mention cheaper, than the K-3 - read the guides)

Plan on 8 - 10 months for processing the visa, start to finish

Good luck.

PS - Canadians don't need a tourist visa to visit

I agree with the CR1 option...as for the visits, I pulled the following from the Montreal US consulate website as a reference: http://www.consular.canada.usembassy.gov/i...sa_relative.asp - at the bottom.

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Entry to the U.S. while Petition is Pending:

All persons traveling to the U.S. as visitors or students, Canadian or other nationality, under U.S. law are deemed to be intending immigrants and thus inadmissible for temporary purposes until they have an immigrant visa in hand. The burden of qualifying for any visa for entry to the U.S. rests solely with the applicant. Entry to the U.S. is solely up to a Department of Homeland Security/Customs and Border Protection (DHS/CBP) officer at the Port of Entry. While intending immigrants may have and lawfully seek to exercise a dual intent to be a visitor or student now and an immigrant later, it is against U.S. law to enter the U.S. as a visitor or student with the intent to wait for or seek immigrant status while in the U.S. Anyone who attempts to enter the U.S. by misrepresentation, or unlawfully, may face severe sanctions up to and including permanent ineligibility to enter the U.S.

If you need to contact NVC about immigrant visa processing please phone (603) 334-0700.

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Sounds like what you want might be an issue....A friend of mine went to the airport in Montreal and ask a US Immigration officer the same question - My husband is in the USA and I am waiting for my papers can I visit him and for how long? The officer stated that anything under than 2 weeks is fine – but you’ll need to show that you are still tied to Canada. Anything over that is questionable and is automaticly denied entry.

She decided to wait - better safe than sorry.

ALWAYS tell the true @ the border - it was one of the questions I was asked at my interview - you do not want to get caught in a lie - it's an automatic denial.

Good luck.

Edited September 24, 2009 by CndBcn

[trailmix 77]

What you friend was told at the Montreal airport is not 100% true. What is true it that it is 100% up to the border guard to decide whether or not they are going to let you in. Many many Canadians travel to the U.S. while their visa is being processed and successfully stay for more than 2 weeks.

As for the quote from the Montreal consulate website - really all they are saying is - don't plan on entering the U.S. with immigrant intent without a visa - that's good common sense.

Edited September 24, 2009 by trailmix