Do I need a Visitor's Visa?

[Josie Grossie 0]

Hi all,

Here is my situation. I am visiting my fiance (an American citizen) in March, and we plan on starting the K1 process while I am there. Now, I am also planning on visiting him for the full six months at the beginning of September (so until beginning of March 2011) ... my question is this. Do I need a visitor's visa or can I easily get into the United States in Septemer if I have enough proof that I still have ties to Canada?

If I do need a B2 Visa, what happens after the six months? Am I allowed to come back to Canada for a short time (say a few days) and then re-enter into the United States visaless (for a shorter period of time, obviously) ... hopefully by then, our K1 process will be over or close to over.

Can anyone provide me with any information on this? I have read so many websites on this whole process that I'm confusing myself.

Thanks in advance!

Edited February 5, 2010 by Josie Grossie

[bowflex 0]

Hi all,

Here is my situation. I am visiting my fiance (an American citizen) in March, and we plan on starting the K1 process while I am there. Now, I am also planning on visiting him for the full six months at the beginning of September (so until beginning of March 2011) ... my question is this. Do I need a visitor's visa or can I easily get into the United States in Septemer if I have enough proof that I still have ties to Canada?

If I do need a B2 Visa, what happens after the six months? Am I allowed to come back to Canada for a short time (say a few days) and then re-enter into the United States visaless (for a shorter period of time, obviously) ... hopefully by then, our K1 process will be over or close to over.

Can anyone provide me with any information on this? I have read so many websites on this whole process that I'm confusing myself.

Thanks in advance!

Hi there,

You will not need to get a visitor's visa when coming over from Canada but be sure not to lie if they ask you how long you're planning on staying over (I've been asked 100% of the times that I've crossed, couple hundred times easily). Just like you stated, just make sure you have plenty of ties to Canada to minimize the risk that you'll be denied entry.

After you return for a little while in six months there is a chance that they could let you come back over again but that's at the discreption of the guard. Even with numerous ties to Canada, you will most likely have a hard time getting back over so quickly as being gone for six months, maybe spending a few days in Canada, and then coming back for another six months doesn't show a lot of actual strong ties to Canada.

Good luck to you!!

[Josie Grossie 0]

Hi there,

You will not need to get a visitor's visa when coming over from Canada but be sure not to lie if they ask you how long you're planning on staying over (I've been asked 100% of the times that I've crossed, couple hundred times easily). Just like you stated, just make sure you have plenty of ties to Canada to minimize the risk that you'll be denied entry.

After you return for a little while in six months there is a chance that they could let you come back over again but that's at the discreption of the guard. Even with numerous ties to Canada, you will most likely have a hard time getting back over so quickly as being gone for six months, maybe spending a few days in Canada, and then coming back for another six months doesn't show a lot of actual strong ties to Canada.

Good luck to you!!

Thanks for the reply

I worry that my "plenty of ties" won't be enough. I mean, I will have all of my bank accounts and bills to pay but my job ends in August, so I will not have that as proof. As well, I pay for a room but am not on any lease, so I'm not sure how to prove I have a place to come back to.

Would getting a Visitor's Visa the first time make it easier to go back into the US after the original six months?

Edited February 5, 2010 by Josie Grossie

[Hugglebuggles 60]

You don't need a visitors visa to enter the US, whether you are planning on staying for 6 days of 6 months. So, there is no need to worry about that.

Here's where it gets a little questionable. It is always up to the discretion of the officer at the border whether or not to let you in, always, weather you have a visa or not. If you want to visit for that long, you should plan accordingly. Come prepared with very strong ties to Canada. This would include a letter from your employee stating a return date, a lease or mortgage, a return plane ticket, or any other strong evidence that would compel you to return to Canada (children, etc.) Presenting things like prof of a bank account or pending loans really isn't strong evidence.

Technically there is no law that states you cannot visit the US for 6 months, return to Canada for a short period of time, and then return to the US for another visit. However, you will need to demonstrate you aren't attempting to live in the US without a proper visa, and spending more time in the US than in Canada will stand as a very large red flag. Also consider that you may risk losing your Canadian residency status, which will effect things like health care and taxation. Basically, it would be a big mess for you to sort out.

So basically, your plan is possible but it will be very difficult to execute. You need to be mentally prepared for the possibility they will not let you in, or issue you an I-94 that states you must return to Canada well before the 6 months is up.

[Josie Grossie 0]

You don't need a visitors visa to enter the US, whether you are planning on staying for 6 days of 6 months. So, there is no need to worry about that.

Here's where it gets a little questionable. It is always up to the discretion of the officer at the border whether or not to let you in, always, weather you have a visa or not. If you want to visit for that long, you should plan accordingly. Come prepared with very strong ties to Canada. This would include a letter from your employee stating a return date, a lease or mortgage, a return plane ticket, or any other strong evidence that would compel you to return to Canada (children, etc.) Presenting things like prof of a bank account or pending loans really isn't strong evidence.

Technically there is no law that states you cannot visit the US for 6 months, return to Canada for a short period of time, and then return to the US for another visit. However, you will need to demonstrate you aren't attempting to live in the US without a proper visa, and spending more time in the US than in Canada will stand as a very large red flag. Also consider that you may risk losing your Canadian residency status, which will effect things like health care and taxation. Basically, it would be a big mess for you to sort out.

So basically, your plan is possible but it will be very difficult to execute. You need to be mentally prepared for the possibility they will not let you in, or issue you an I-94 that states you must return to Canada well before the 6 months is up.

Thanks. My plan isn't by any means concrete, I am just trying to figure out the best way to go about things. Visiting the first time doesn't seem to be any issue, it's visiting again after that six months that seems to cause me the problems. Now, say in that six months while I am there, my K1 visa process becomes approved. Am I able to come back to Canada, gather up my things, and come back into the United States?

[SapphireDreams 71]

Thanks. My plan isn't by any means concrete, I am just trying to figure out the best way to go about things. Visiting the first time doesn't seem to be any issue, it's visiting again after that six months that seems to cause me the problems. Now, say in that six months while I am there, my K1 visa process becomes approved. Am I able to come back to Canada, gather up my things, and come back into the United States?

You'll have to come back to Canada before you get your K1 visa. Depending on where you live, you'll either go to Montreal or Vancouver for an interview.

You'll also need to go a medical in Canada and may need to gather your police report in person.

Your plan could really backfire on you, so just beware of that. And, I would probably bank on 8-10 months for the K1 visa if you are going to through Montreal... maybe 7 months if you are lucky so just keep that in mind. It will most likely be longer than 6 months.

[Flames9_RN 358]

Its a frustrating event as NO ONE can promise you entry into the USA even with the strongest ties to Canada! It all comes down to the Port Of Entry (POE) officer. Many of us had no problems visiting, I never got hassled, but most of us didn't stay for 6 months! Think my longest was 3 weeks. My free advice is offered below in my signature.

[Hugglebuggles 60]

Right, the I-129F petition approval is just one step of many. Your actual petition will likely be approved in a few months, but that is when the hard work begins. Montreal or Vancouver will send you a packet with forms you need to fill out and return to the consulate. This will be mailed to your Canadian address, so you will need to be there to receive it. Then there is a medical and an interview. The time between receiving your petition approval and getting your actual visa is the longest. You are looking at anywhere from 2-6 months, so be prepared for that.

[Josie Grossie 0]

You'll have to come back to Canada before you get your K1 visa. Depending on where you live, you'll either go to Montreal or Vancouver for an interview.

You'll also need to go a medical in Canada and may need to gather your police report in person.

Your plan could really backfire on you, so just beware of that. And, I would probably bank on 8-10 months for the K1 visa if you are going to through Montreal... maybe 7 months if you are lucky so just keep that in mind. It will most likely be longer than 6 months.

I know it will be longer than six months, but we are starting the process next month. So say it takes a year. We file in March, it would be done by the time my six months in the States is up (with a travel back to Canada in between for the interview and medical in Montreal, which is very close to where I live) ..

My plan is completely flexible, which is why I'm here. I think I just want to know the easiest way to a) file for the K1 and b) in the meantime, be able to visit my fiance for a significant amount of time.

Is it easier to simply get married in the United States and then file for an AOS? Or does that not make sense?

Edited February 5, 2010 by Josie Grossie

[lgg 2]

Ah yes... we would have all loved that!

I know it will be longer than six months, but we are starting the process next month. So say it takes a year. We file in March, it would be done by the time my six months in the States is up (with a travel back to Canada in between for the interview and medical in Montreal, which is very close to where I live) ..

My plan is completely flexible, which is why I'm here. I think I just want to know the easiest way to a) file for the K1 and b) in the meantime, be able to visit my fiance for a significant amount of time.

[bowflex 0]

As everyone has stated, unfortunately there's just no concrete or solid way to predict what will happen. My best advice is just to be prepared to be away from your significant other for a rather long period of time. During my wife's visa process I visited her every single weekend and sometimes during the week but most of the time we were away from each other Monday - Thursday. Luckily we both lived very close to the border to so it made that possible and we were extremely lucky, but of course many aren't.

Just be prepared as everyone has said and good luck to ya!!!

I know it will be longer than six months, but we are starting the process next month. So say it takes a year. We file in March, it would be done by the time my six months in the States is up (with a travel back to Canada in between for the interview and medical in Montreal, which is very close to where I live) ..

My plan is completely flexible, which is why I'm here. I think I just want to know the easiest way to a) file for the K1 and b) in the meantime, be able to visit my fiance for a significant amount of time.

Is it easier to simply get married in the United States and then file for an AOS? Or does that not make sense?

If you "visit" the US with the intention of getting married, living there, and then filing for AOS, that is completely illegal and could cause you problems down the road (possible lifetime ban if you lied about your intentions at the border). You're definitely on the right track with using the K-1, or even CR-1 should you decide, and we'd all higly recommend doing the process through the legit way.

[Josie Grossie 0]

If you "visit" the US with the intention of getting married, living there, and then filing for AOS, that is completely illegal and could cause you problems down the road (possible lifetime ban if you lied about your intentions at the border). You're definitely on the right track with using the K-1, or even CR-1 should you decide, and we'd all higly recommend doing the process through the legit way.

Thank you. And I do want to everything the legit way, definitely!

So the impression I'm getting is that if we file for the K1 in March, there shouldn't be a problem with me visiting for six months in September 2010-March 2011 (provided I can prove I have ties to Canada) but getting BACK into the United States after that time is over is the issue..

[Revenesque 2]

Thanks for the reply

I worry that my "plenty of ties" won't be enough. I mean, I will have all of my bank accounts and bills to pay but my job ends in August, so I will not have that as proof. As well, I pay for a room but am not on any lease, so I'm not sure how to prove I have a place to come back to.

Would getting a Visitor's Visa the first time make it easier to go back into the US after the original six months?

Uh, they'll want to see that you have a current job in Canada after you disclose you have a K-1 in progress. Although I have a letter of verification of employment and a paystub, one border guard recommended I bring 6 months worth of current paystubs. I remember one instance, a border guard asked to see my business card!

This is just for crossing the border to spend a long weekend in Seattle!

I've never been asked about my other ties (i.e. bank account showing mortgage statement, rental lease, bills etc.) although I bring them just in case.

[Josie Grossie 0]

Uh, they'll want to see that you have a current job in Canada after you disclose you have a K-1 in progress. Although I have a letter of verification of employment and a paystub, one border guard recommended I bring 6 months worth of current paystubs. I remember one instance, a border guard asked to see my business card!

This is just for crossing the border to spend a long weekend in Seattle!

I've never been asked about my other ties (i.e. bank account showing mortgage statement, rental lease, bills etc.) although I bring them just in case.

But I won't have a job. So what can I do? I am employed NOW, and will be right up until August but then my contract is over. So while without a job, I thought I would visit my fiance for a few months. I thought getting a Visitor's Visa (with him as my sponsor) would be the best way to do this, but I guess I'm wrong.

[bowflex 0]

Thank you. And I do want to everything the legit way, definitely!

So the impression I'm getting is that if we file for the K1 in March, there shouldn't be a problem with me visiting for six months in September 2010-March 2011 (provided I can prove I have ties to Canada) but getting BACK into the United States after that time is over is the issue..

Well there shouldn't be a problem but there most definitely could be. Many people in this forum have been denied entry at one time or another, and many more have never have a problem and were able to. Without job ties, rental/mortgage ties, school ties, etc... it could prove difficult to even get over the border with a visa processing. It's all unfortunately to the discretion of the border guard which can make this very frustrating sometimes