Need help!!

[Scout_87 0]

Sorry, I posted this is the wrong section, and I don't know how to delete my own post

Edited January 14, 2010 by Scout_87

[midge and isi 8]

Quick question, if my fiance and I were to start on the K-1 visa and get the process going, but end up getting married in the states before the process is complete, what would happen?

The benificary would have to go back to their home country and get a spouse visa, by starting all over.

[payxibka 10,047]

Quick question, if my fiance and I were to start on the K-1 visa and get the process going, but end up getting married in the states before the process is complete, what would happen?

You no longer qualify for a K-1 visa and the process begins again from the beginning

[Wyld Blu 35]

Quick question, if my fiance and I were to start on the K-1 visa and get the process going, but end up getting married in the states before the process is complete, what would happen?

Your K1 would be cancelled and any monies and the time you spent would be for nothing. Instead, why not go for the CR1, get married here in the states, then the non-USA person would have to go back to their country and wait out the visa processing. Either way, he/she will have to return to wait out the processing. Ck out the guides and maybe that will help you decide which visa to go for.

-Blu-

[Penguin_ie 5,995]

Your K1 process would be cancelled and you;d loose all the money and time invested in it. You'd need to start afresh with a CR-1 (spousal) visa.

[Scout_87 0]

Your K1 process would be cancelled and you;d loose all the money and time invested in it. You'd need to start afresh with a CR-1 (spousal) visa.

Could I be in the US while my spouse visa is pending?

Edited January 14, 2010 by Scout_87

[payxibka 10,047]

Could I be in the US while my spouse visa is pending?

If you are granted entry to the USA and only for the amount of time they authorize your stay for.

[Scout_87 0]

So technically, this is what could happen...

I go down to my fiance, we get married, I stay there while we file for a spouse visa?

[Wyld Blu 35]

So technically, this is what could happen...

I go down to my fiance, we get married, I stay there while we file for a spouse visa?

Yes, but only until your current visa expires. Then you will have to return to your country of origin and wait out the process. You may be able to visit while the visa is processing, but that is really up to the agents at the airport to decide. They may allow you entry if you can prove strong ties to your country and that you are not coming to stay. But then again, they may turn you away. If you can come to visit you will still have to leave again when your visa expires.

-Blu-

[Penguin_ie 5,995]

So technically, this is what could happen...

I go down to my fiance, we get married, I stay there while we file for a spouse visa?

You can stay for a little while... not sure which country you are from but ifit is a isa Waiver country (such as most of Europe), you can stay 90 days. If you have a tourist visa, it's 6 months... Canada I believe is 6 months too. Then you'd need to leave, though you could try returning a few weeks later (they may not let you in if they think you will live in the US as opposed to visit).

[Scout_87 0]

I'm from Canada. So after we get married, I could stay there 6 months while the paper work is being processed? Could I apply for an extension of stay or would that be out of the question?

[HeatDeath 430]

When you attempt to enter the US during the visa application process, the first thing they will ask you is the purpose of your trip. If you are obeying the universal advice of this board to NEVER EVER EVER LIE TO ANY IMMIGRATION OFFICER EVER, you will tell them you are visiting your fiance. If you attempt to call your fiance your boyfriend or friend, they will notice the equivocation, intensify their questioning, discover the whole truth, and probably deny you entry outright for the attempt. Having mentioned your fiance, they will then proceed to ask you how long you intend to stay. You will probably find that if you attempt to take a 6 month vacation in the US to visit your fiance during a visa application process, you will be denied entry no matter how strong are the ties you are able to show to Canada. Ties to Canada usually include evidence of ongoing employment and residence. I find myself hard pressed to visualize an employment or rental agreement that can cope with a 6 month absence, and so will the immigration officer. In the absence of visible ties to Canada, you will almost certainly be denied entry.

Smaller visits, on the other hand, are just fine. During my K-1 application process I visited my fiancee in the US twice. Both times were for approximately 1 week. I had prepared evidence of ties to Canada, but ended up not even needing them, owing primarily, I think, to the short durations of the trips and the fact that I was flying and therefore had return tickets.

But I suspect you will find longer trips much more difficult. It is not realistic to imagine that you will be able to spend any significant fraction of the waiting period with your fiance, sad to say.

[HeatDeath 430]

I'm from Canada. So after we get married, I could stay there 6 months while the paper work is being processed? Could I apply for an extension of stay or would that be out of the question?

The situation becomes even worse when you tell them you are visiting your husband. CBP officers are under orders to assume that all visitors are immigration risks unless they can prove otherwise. When the visitor is the spouse of a US citizen, this suspicion quite rightly intensifies by about one thousand percent. There is no realistic way you will be allowed to visit without the combination of evidence of VERY strong ties to Canada, very short trip durations, and return transportation already purchased.

[Carlawarla 1]

Just remember you must bring proof at crossing of your ties to Canada. This is sometimes hard to come up with, when planning a stay for 6 months as most people staying that long aren't working. Your employment is probably one of the best forms of proof that you're going to be returning. It's up to the discretion of the border officials to let you in or not, based on the information you provide. While you can't lie to them, volunteering too much information can as well prevent you from entering. I'd say, that if you say you're coming to marry, then come back to Canada for your interview, after applying for a CR-1 in Canada, they won't let you in quite frankly.

Have you read other options you have? The Guides at the top talk about all the visas, and which one might be better for you in your circumstances.

Drop into the Canada forum as well for helpful tips and contacts unique to CanAmerican couples!

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

Here's a link as well to the Canada Wiki Guide:

http://www.visajourney.com/wiki/index.php/Canada

As well, the second posting in this thread about issues Canadians talk about:

http://www.visajourney.com/forums/index.php?showtopic=191858

Best of luck!