Do I need a Visitor's Visa?

[Josie Grossie 0]

why not just start it now!! Sooner u start, the better, as it can take awhile!!

We might! I've read up on it and just want to be prepared for the paperwork. If my fiance can get it done and filed this month, that'd be great! Our "deadline" was my visit, though.

[Flames9_RN 358]

No time like the present!!

http://www.visajourney.com/forums/index.ph...amp;page=k1flow

http://www.visajourney.com/forums/index.ph...mp;page=k1guide

http://www.visajourney.com/forums/index.php?showtopic=300

http://www.visajourney.com/forums/index.ph...amp;page=guides

[Revenesque 2]

Unemployed people cross into the US all the time, for sure. But crossing into the US to visit family or friends, is different than crossing to visit a fiancee or spouse. There is a pretty big distinction to be made. You can't marry your uncle, then adjust status, but you can marry your fiance and adjust status!

It's up to the discretion of the border guard. Unemployed but with weak proof of residency visiting family for a week is permissible, but umemployed but with weak proof of residency visiting family for six months would raise a flag. How would the border guard know one just didn't want to get into the US to find work illegally? They look at such Canadian no differently than illegal Mexican workers.

[Hugglebuggles 60]

It's up to the discretion of the border guard. Unemployed but with weak proof of residency visiting family for a week is permissible, but umemployed but with weak proof of residency visiting family for six months would raise a flag. How would the border guard know one just didn't want to get into the US to find work illegally? They look at such Canadian no differently than illegal Mexican workers.

Ok, that's true too Raven. I just thought my marrying your uncle comparison would have a nice impact...

[neiks 19]

Ok, I'm going to add my two cents in here as a "Border Officer" to the difference between a "visit" and "staying/living" in the US. A bonafide visit usually consists of a person staying a weekend, a week, a few months maybe longer then having the intent to return to their home country to resume their daily normal life there - such as living in their house, rental, working a job, going to school, going to coffee with friends etc. A bon a fide visit is NOT staying/hanging out in the US for 6 months or longer with no residence/job/school or other reason that they will need to return to Canada for. Bank accounts really are not good ties of residency. Staying in the US while your visa is processed for 6 months then returning to Canada to "flag pole' to return to the US to be legal "visiting" for another 6 months is not a bonafide example of Visiting. If your intent is clearly not to return to Canada to resume living there then you are not a "visitor" to the US your intent is to stay and start living there.

Don't mean to sound harsh but that is how a border officer is going to see it.

[SapphireDreams 71]

I'd say it's really just going to be depend on the line of questioning to you get from a border guard.

They'll say, where are you going? You say to visit my boyfriend. They say how long are you staying, You say, 6 months... they might then be suspicious... if they don't ask you when you are returning, then you might get through okay. It really depends on their line of questioning.

I've gone through a few times where they just didn't ask me how long I was staying, maybe it was because they saw a pattern that I took short visits, who knows.

Why don't you just go for 2 or 3 months and then come back for a month of two and then try visiting again for a couple of months.

Just remember to pack light and buy a return ticket.

[trailmix 77]

Ok, I'm going to add my two cents in here as a "Border Officer" to the difference between a "visit" and "staying/living" in the US. A bonafide visit usually consists of a person staying a weekend, a week, a few months maybe longer then having the intent to return to their home country to resume their daily normal life there - such as living in their house, rental, working a job, going to school, going to coffee with friends etc. A bon a fide visit is NOT staying/hanging out in the US for 6 months or longer with no residence/job/school or other reason that they will need to return to Canada for. Bank accounts really are not good ties of residency. Staying in the US while your visa is processed for 6 months then returning to Canada to "flag pole' to return to the US to be legal "visiting" for another 6 months is not a bonafide example of Visiting. If your intent is clearly not to return to Canada to resume living there then you are not a "visitor" to the US your intent is to stay and start living there.

Don't mean to sound harsh but that is how a border officer is going to see it.

I don't think you sound harsh at all neiks - it's the way it is. I think sometimes when people are thinking of 'visiting' they think of it only from their own perspective. I am going to go hang out in the U.S. for six months. Well, there is a fine line between 'visiting' and taking up residence. You cannot reside in a country without the proper visa.

[Josie Grossie 0]

Ok, I'm going to add my two cents in here as a "Border Officer" to the difference between a "visit" and "staying/living" in the US. A bonafide visit usually consists of a person staying a weekend, a week, a few months maybe longer then having the intent to return to their home country to resume their daily normal life there - such as living in their house, rental, working a job, going to school, going to coffee with friends etc. A bon a fide visit is NOT staying/hanging out in the US for 6 months or longer with no residence/job/school or other reason that they will need to return to Canada for. Bank accounts really are not good ties of residency. Staying in the US while your visa is processed for 6 months then returning to Canada to "flag pole' to return to the US to be legal "visiting" for another 6 months is not a bonafide example of Visiting. If your intent is clearly not to return to Canada to resume living there then you are not a "visitor" to the US your intent is to stay and start living there.

Don't mean to sound harsh but that is how a border officer is going to see it.

I don't think I've articulated my "plan" very well. I want to go see him for a few months while the Visa is processing. That is honestly all I want. I am aware that I need to come back. Of course I need to come back, I need to have my K1 interview and my medical (if I haven't already had it by the time I go) ... I intend to come back. I'm not taking anything with me, I'm not cutting my ties with anything and "visiting" my fiance. I know I have to come back. I think my point is, I just want to go see him while this process is in place and I want to know the best way to go about this. I didn't know if a Visitor's Visa would help me prove my intent to come back to Canada or if it would make any entry into the country any easier. That's all.

It doesn't sound harsh at all, I just think people are reacting as if I'm trying to fool anybody about my intentions of going there. I don't intend to go there to stay UNTIL my K1 visa is approved and I can pack up my things and go.

I'm not trying to screw anybody, not trying to lie to anyone. I want to go about this whole process in the most honest, straight forward way possible.

I understand that if I have K1 visa in the process, I am going to need to prove I am coming back. But I guess since I won't have a job at the time, that's seemingly impossible.

I'd say it's really just going to be depend on the line of questioning to you get from a border guard.

They'll say, where are you going? You say to visit my boyfriend. They say how long are you staying, You say, 6 months... they might then be suspicious... if they don't ask you when you are returning, then you might get through okay. It really depends on their line of questioning.

I've gone through a few times where they just didn't ask me how long I was staying, maybe it was because they saw a pattern that I took short visits, who knows.

Why don't you just go for 2 or 3 months and then come back for a month of two and then try visiting again for a couple of months.

Just remember to pack light and buy a return ticket.

2 or 3 months would be fine with me! Would they think it's odd that I go for a few months, come back for a few months, then go again?

[Married2009 32]

We might! I've read up on it and just want to be prepared for the paperwork. If my fiance can get it done and filed this month, that'd be great! Our "deadline" was my visit, though.

Although we filed for CR-1, not K-1, my husband sent me all the info, and we talked via Ventrillo, every day, got it hammered out, and sent. When we were together, we devoted that time to each other. Get it done now, so you don't have to hassle with it when you are in the States.

[antda 13]

Hi Everyone,

Yes, visitor to aos is perfectly to do...(lol...I for one have done such...see my vj timeline...)

AS LONG AS YOU CAME HERE WITHOUT PRIOR INENTION TO IMMIGRATE ON YOUR VISIT and not do this as to avoid and/or break immigration laws, then it's fine and legal to do such.

I was in this situation before too, as I came over to visit my boyfriend (now husband), on a B2 tourist visa and an I-94 for 2 weeks (which are rare for Canadians, as Canadians generally don't need visas to visit the USA), and then ended up getting married here in the USA, and overstayed, and then filed the paperwork with immigration. And yes, I did get approved and got my green card afterwards. For more information on my sitation, see my VJ timeline (the link can be found on my signature).

In fact, I had no clue about the immigration/visa process when I got married and afterwards and was 'stuck' in the USA...

Definitely no intention at all in my case....Just visited...got married..then realized..Uh Oh....Can I stay?

So I went to seek the advice of an immigration lawyer....

And it was the lawyer that said that I should do the Visitor to AOS route instead of the other immigrant visa routes....(no point in going back for me..)...

Definitely not a loophole here! It is legal! But yes, it does carry a lot of risk in this process!

For example, if there was a denial, it could not have been appealed (unlike the other visa routes), and would have been deported...scary....

But we took that risk anyways..and it paid off for me....Can't say that this works for everyone though...

Again, contact a lawyer if in doubt of your particular situation....Which I advise anyone to do in this and in any case...

Every situation is different...So don't pre-judge as to one way is better than another way......

As long as in the end it all works out well, then so be it...

However in the OP's situation....Don't do what I did! Do not go from visitor to aos! Because....

YOU HAVE PRIOR INTENTION TO IMMIGRATE ON YOUR VISIT so you're probably better off filing for:

-A K1 (fiance visa...go back to your former country, file the paperwork, get married in the USA, adjust status, get green card)

-A K3 (marriage visa...go back to your former country, get married in the former country, file paperwork, come to USA, adjust status, get green card)

-A CR-1 (marriage visa...go back your former country, get married in the former country, file paperwork, come to the USA, get green card...)

Hope this helps too..Good luck on your journeys too..

Ant

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 6, 2010 by Ant+D+BabyA

[Wyatt's Torch 45]

It doesn't sound harsh at all, I just think people are reacting as if I'm trying to fool anybody about my intentions of going there. I don't intend to go there to stay UNTIL my K1 visa is approved and I can pack up my things and go.

I'm not trying to screw anybody, not trying to lie to anyone. I want to go about this whole process in the most honest, straight forward way possible.

I think the only reason some folks are getting their hackles up is because we routinely see people (even lawyers) trying to justify the visit-marriage-AOS sequence, even though there is prior intent to immigrate before crossing the border. As you say, you're not one of those people! In a way, the visit-marriage-AOS sequence IS a loophole (no offense to Ant and the others who have gotten through that way...) because it ultimately rewards ignorance -- usually inadvertent ignorance, but ignorance nonetheless.

Ultimately, your situation is a bit different than that, so it's really a moot point.

Like others have said, you're going to have to accumulate as much in the way of proof of ties to Canada as possible. It all comes down to the border official...and it's literally impossible for ANY of us to know definitively what that individual will deem to be sufficient in terms of proof of ties at the time of your crossing. That said, experience has shown me personally that they can get a bit tetchy if you plan on going across for more than a couple of weeks. If you choose to try to go for more, be sure to take as few belongings as possible. Be calm, confident and polite (refer to Flames9_RN's signature for excellent rules of thumb), and be knowledgeable about the process. Know what visa it is that you've got in process, and demonstrate that you have every intention of returning to Canada after X number of days. Be prepared to answer a lot of questions with regard to the purpose of your visit.

Neiks is really the best adviser in all of this, for obvious reasons, but it's important to remember that there is always a chance they won't let you in. Have a backup plan. A rejection, provided you've been polite etc., isn't going to affect your visa application (though may come up as a question in your eventual interview).

In your situation, I'd focus on getting all of the paperwork for the K-1 assembled and sent first. Then wait for a confirmation that it has been received by the USCIS, and THEN make your trip. Bear in mind that there are more steps after the filing of the K-1...so there will be more documents you'll need to assemble and send at that point. Refer to the Guides for what those are.

Good luck to you...it's a long process, but obviously very rewarding provided you and your fiance are reasonably patient!

[SapphireDreams 71]

I don't think I've articulated my "plan" very well. I want to go see him for a few months while the Visa is processing. That is honestly all I want. I am aware that I need to come back. Of course I need to come back, I need to have my K1 interview and my medical (if I haven't already had it by the time I go) ... I intend to come back. I'm not taking anything with me, I'm not cutting my ties with anything and "visiting" my fiance. I know I have to come back. I think my point is, I just want to go see him while this process is in place and I want to know the best way to go about this. I didn't know if a Visitor's Visa would help me prove my intent to come back to Canada or if it would make any entry into the country any easier. That's all.

It doesn't sound harsh at all, I just think people are reacting as if I'm trying to fool anybody about my intentions of going there. I don't intend to go there to stay UNTIL my K1 visa is approved and I can pack up my things and go.

I'm not trying to screw anybody, not trying to lie to anyone. I want to go about this whole process in the most honest, straight forward way possible.

I understand that if I have K1 visa in the process, I am going to need to prove I am coming back. But I guess since I won't have a job at the time, that's seemingly impossible.

2 or 3 months would be fine with me! Would they think it's odd that I go for a few months, come back for a few months, then go again?

I'm not a border guard, so I'm just giving you my personal thoughts on this and in my opinion, I think you'd be fine to go for 2-3 months, with a return ticket. And then go back again for another visit. I think you'd be better off doing this than say you are going for 6 months. Just make sure you have enough money to support yourself too. I've been asked about how much money I had to support myself while I visit and I was only going for a week! The only time I ever got hassled was about how much money I had to my name.

Sounds like you have your head on straight and know what you are doing. With a K1 petition filed, a return ticket and enough funds to show you can support yourself I think you should be fine to go visit for 2-3 months at a time.

Good luck!

[neiks 19]

Just dug up a few older post that may be of an interest for you to read. Both are in regards to "visiting" the US for 6 months or longer.

http://www.visajourney.com/forums/index.ph...90&hl=visit

http://www.visajourney.com/forums/index.ph...93&hl=visit

[trailmix 77]

I don't think I've articulated my "plan" very well. I want to go see him for a few months while the Visa is processing. That is honestly all I want. I am aware that I need to come back. Of course I need to come back, I need to have my K1 interview and my medical (if I haven't already had it by the time I go) ... I intend to come back. I'm not taking anything with me, I'm not cutting my ties with anything and "visiting" my fiance. I know I have to come back. I think my point is, I just want to go see him while this process is in place and I want to know the best way to go about this. I didn't know if a Visitor's Visa would help me prove my intent to come back to Canada or if it would make any entry into the country any easier. That's all.

It doesn't sound harsh at all, I just think people are reacting as if I'm trying to fool anybody about my intentions of going there. I don't intend to go there to stay UNTIL my K1 visa is approved and I can pack up my things and go.

I'm not trying to screw anybody, not trying to lie to anyone. I want to go about this whole process in the most honest, straight forward way possible.

I understand that if I have K1 visa in the process, I am going to need to prove I am coming back. But I guess since I won't have a job at the time, that's seemingly impossible.

2 or 3 months would be fine with me! Would they think it's odd that I go for a few months, come back for a few months, then go again?

Hey there,

I can't speak for anyone else here but I never read your post as if you were trying to deceive anyone or do anything that would be considered less than perfectly legal.

Here is the thing. Many, many (did I mention many?) people post here that they want to visit their SO for 6 months or 3 months etc etc while their visa is processing. This is absolutely not against the law - visiting your SO is a normal, nice thing!

So what I said had nothing to do with your intentions - it has to do with being realistic about it. I personally think it would be really nice if you could visit with him right up until the time you are called for your interview - but that may not be realistic.

From what you have stated, you have zero ties to Canada to prove that intention. Bills, loans etc - those can all be paid online. Without employment or a lease - you really have nothing for proof. Now you may not need any, the border guard you get on the day may just say, have a nice trip. Just be prepared to be turned back, for your own sake.

I just want to say - I'm a little tired of seeing people come in here and get thrown under a bus because they want to go visit someone - there is absolutely ZERO reason to post warnings about - visiting with intent to immigrate, unless a poster has stated that is what they are going to do. It makes this a very unwelcoming forum.

Edited February 6, 2010 by trailmix

[Josie Grossie 0]

Just dug up a few older post that may be of an interest for you to read. Both are in regards to "visiting" the US for 6 months or longer.

http://www.visajourney.com/forums/index.ph...90&hl=visit

http://www.visajourney.com/forums/index.ph...93&hl=visit

The "visiting" in quotations is what makes me think that people are under the impression that I am not wanting to just visit.

I just want to visit. If it isn't for six months, fine. I just don't know what I can provide if I say "I'm visiting my fiance for a month" and they ask for proof that I'm coming back.