Beginning the Process

[sarahandjason 0]

Hello, I'm new to this and I know this is probably something that is touched on a million times. If someone could direct me to the right links that would be great. I am really overwhelmed and confused by the whole process of things. My boyfriend is Canadian and I am American. We have been dating for 5 years and are now getting married as soon as the legal process is done. My question is where do I start? I have read a few different sites explaining different requirements as to what is needed when filing a K-1 visa.

My other question is about where my fiance will get to stay during the process time? Does he have to stay in Canada during the process or can he come and go? We are both professional athletes that compete around the world. Many of the tournaments are in the United States. It will hurt him if he has to stay in Canada during the process time (which I understand can be up to a year). I would hate to jeopordize the processing of the visa if he continues to come and go.

Also, are there any websites that are best to file the paperwork through? I keep getting links to sites that promise to help the process go smoothly. I live far from a major city so going straight somewhere to do the paperwork is out of the question.

Sorry for the new questions but any help would be great. We are trying to start the process as soon as possible.

Sarah

Edited February 9, 2010 by sarahandjason

[Rhiannercakes 14]

The guide on the K-1 visa here is great, take a look:

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

I used it myself during this process and it really helped me be ready for the next steps in the process. It even has examples of how to fill out the forms, very useful when I got stuck trying to figure out how to fill something out.

And yes, he's free to come to the United States while the process is going on. He just has to make sure he's bringing ties that show he's going back to Canada, but since he comes and goes alot, sounds like he would know about that already. We usually suggest a letter from the employer and a lease contract copy for it.

The only time he's required to be present in Canada during the process is for the medical and interview, which is the last steps of the visa.

Don't forget to check out the Canada section of the forums! It's easier when you want to ask questions related to Canada

Edited February 9, 2010 by Rhiannercakes

[sarahandjason 0]

Thank you so much! I really appreciate it.

[HeatDeath 430]

Once the visa petition/application process is underway, one of the best things he can bring as evidence of ties to Canada is a copy of the receipt notice you get when you mail in the petition, as well as a copy of the entire packet you mailed in to start the petition. This shows the border people, in a very unambiguous way, that you have no intention of immigrating illegally and have financially committed yourselves to doing the process properly.

[Amy and Michael 21]

I am not an expert by any means - but I wasn't able to tell from your original post if you have read about the differences between a CR-1 (already married) and K-1 (Fiance - to be married within 90 days after entry on the K-1/Fiance Visa).

From what I understand - here are the pros/cons:

K1 - faster processing of the visa (just slightly faster, like 2 months-ish)

CR1 - Considerably cheaper

- Beneficiary can immediately start working once arrived on the CR1

- Beneficary can immediately travel outside the US because they immediately get their LPR status/green card upon arrival

Depending on where you want to get married & when, one or the other may be better. I didn't realize before filing all the benefits of the CR1, and if I did, we definitely would have considered it. Just wanted you to know there is another option.

Edited February 10, 2010 by Amy and Michael

[firefly_chaser 0]

Don't worry about coming and going - I go to the US quite often and i haven't had any problems. Once I said I was going to see my fiance, they ask how long, sometimes ask where I work and the last time I went down to the US. If you have intentions of NOT returning on said date and becoming illegal, then it would be an issue. but I think there is no problem with him going back and forth..as long as Canada can tie him to a job, home, etc. any ties to his country. good luck. I have been engaged since june but have not filed paperwork as of yet.