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KarinaB

I-129f pending can we visit eachother?

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Filed: K-1 Visa Country: Canada
Timeline

First off I'd just like to say how in love with this website I am!!!

My fiance(Canada) and I were planning on getting married in Washington at the end of December and since he works in Canada he came down to apply for the marriage license and then left to go back to work in Canada. He tried to come back down a few days later and was denied by border patrol. Now that we have all the facts; we need a k1 visa to do this, we just sent our I-129f in today(and im freeeaking out thinking its going to get denied)!

I was able to visit him on Christmas since he couldn't cross. We were wondering, though, if he will be able to visit me ever before/if we are approved? They never said he was barred from United States, only that it was going to be extremely difficult for him to cross and he'd have to prove more ties. The day after he was denied he went home and found his car payment, cable bill, letters from 2 of his bosses on his work stationary stating he would be back to work. They denied him again saying "you need more proof". I hope this is enough information to obtain an answer. If not please let me know what you need, I check this puppy hourly, haha.

Karina

04-00-2009 Met

11-20-2009 Engaged!!

01-29-2010 I-129F sent to CSC

02-01-2010 NOA1

04-30-2010 NOA2

06-30-2010 Interview Vancouver

7-10-2010 Wedding??

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Filed: Citizen (apr) Country: Australia
Timeline

Yes he should be able to. Honestly the NOA1 (the petition notice acceptance you'll receive shortly telling you the case is processing) will help him cross, showing that you guys have paid for and are hoping to do this process the honest way. It is usually easier for the USC to visit based on the NOA1 (in my opinion) because why would the USC wanna stay in the country they're visiting when they have this K1 paperwork pending?

All in all, it's entirely possible. He should show a lease, bills (like utilities) and the other stuff he had. It's likely he was denied the second time because he'd just tried the day before and it was probably a little bit suspicious (not JUST for this reason, but it probably didn't help). Have him wait till you get the NOA1 and then try again with that in his possession (as well as the other evidence).

Good luck and congrats on your engagement :D

p.s. the process will take a while, like 6 months to be complete.

Edited by Vanessa&Tony
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Filed: IR-1/CR-1 Visa Country: Canada
Timeline

Are you married now as in December of 2009 or ARE you GETTING married December 2010?? I am a bit confused

April 8, 2007- Met on-line playing World of Warcraft...Me a troll he a Tauren

10/11/2008 Married in Lakewood Washington

USCIS

12/08/2008 CR-1/I-130 mailed

12/19/2008 NOA1

03/09/2009 NOA2

03/09/2009 I-130 approved

NVC

03/19/2009 NVC case # generated

09/25/2009 Completed at NVC

01/11/2010 Interview Assigned..flight and hotel booked same day.

01/20/2010 Medical in Vancouver....no issues reported

02/05/2010 Interview in Montreal..APPROVED..with a few tears at the end!!

02/11/2010 POE...Peace Arch or PAC

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Filed: Citizen (apr) Country: Australia
Timeline
Are you married now as in December of 2009 or ARE you GETTING married December 2010?? I am a bit confused

they were PLANNING on getting married in Dec 2009 but couldn't because he was denied at the border. Now they're doing the K1 route.

---

Also, OP, if it is denied, you can always go to him, get married and try the CR-1 route. Just make sure you have proof of a bonafide relationship and you should be fine :) Denials are pretty rare unless they suspect fraud. Canada isn't a high-fraud country from what I understand so it'll be okay, think positively!

Edited by Vanessa&Tony
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Filed: K-1 Visa Country: Canada
Timeline
Are you married now as in December of 2009 or ARE you GETTING married December 2010?? I am a bit confused

We WERE going to get married in December 2009 right after Christmas but he couldn't make it to the wedding due to border patrol and our own naiveness.

04-00-2009 Met

11-20-2009 Engaged!!

01-29-2010 I-129F sent to CSC

02-01-2010 NOA1

04-30-2010 NOA2

06-30-2010 Interview Vancouver

7-10-2010 Wedding??

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Filed: Citizen (pnd) Country: Canada
Timeline

Being denied at the border for not enough ties will not cause a K1 denial.

There's a question on one of the forms you fill out when petitioning a fiance visa that asks "have you ever been denied entry to the U.S." Just answer it truthfully. It will not cause a refusal from that alone.

8/2/2021:  Mailed N-400

8/4/2021: N-400 received

8/6/2021:  Biometrics to be reused
3/15/2022:  Interview (successful)

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Hi, and welcome to VJ. Visiting the US from Canada requires sufficient ties to Canada to be allowed to enter, especially with a US partner (fiance, girlfriend, wife). They want to know you'll be returning to Canada and not staying in the U.S.

I'll provide you with some links, and please visit us in the Canada Forum. The first link is the Canada Forum here on VJ. The second post in the second link lists things that Canadians going through this process (common questions) will need to know. One is specifically on what are those ties to Canada that the Border officials are looking for. The third is Canada VJ Wiki Guide with more specific information.

Hope this helps!

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

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

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

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